Ethical Issues in State Utility Commission Proceedings
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Richard J. Johnson presentation to Energy Bar Association 2013 Mid-Year Meeting & Conference on October 24, 2013. Purpose: To present a reminder of basics Topics: conflicts, ex parte contacts, and contacts with represented intervenors Key Points: Complying with rules vs. client relations, consents are needed and cure most conflicts, local practice is key to managing contacts
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El Puerto de Algeciras continúa un año más como el más eficiente del continente europeo y vuelve a situarse en el “top ten” mundial, según el informe The Container Port Performance Index 2023 (CPPI), elaborado por el Banco Mundial y la consultora S&P Global.
El informe CPPI utiliza dos enfoques metodológicos diferentes para calcular la clasificación del índice: uno administrativo o técnico y otro estadístico, basado en análisis factorial (FA). Según los autores, esta dualidad pretende asegurar una clasificación que refleje con precisión el rendimiento real del puerto, a la vez que sea estadísticamente sólida. En esta edición del informe CPPI 2023, se han empleado los mismos enfoques metodológicos y se ha aplicado un método de agregación de clasificaciones para combinar los resultados de ambos enfoques y obtener una clasificación agregada.
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Ethical Issues in State Utility Commission Proceedings
- 1. Ethical Issues In State Utility Commission Proceedings Richard J. Johnson Moss & Barnett
- 2. Summary • Purpose: to present a reminder of basics • Topics – Conflicts – Ex parte contacts – Contacts with represented intervenors • Key points – Complying with rules vs. client relations – Consents are needed and cure most conflicts – Local practice is key to managing contacts
- 3. Conflicts • ABA Model Rule 1.7 – Consent is key – Addresses rules and client relations • Situations that are not a conflict – Utility law firm represents utility customers in other matters • Applies to virtually all firms • Analysis similar to large class actions
- 4. Possible Direct Conflicts • Utility law firm represents intervening utility customers in other matters – Conflict may depend on identity of intervenor – Size of group and role of customer-client • Attorney for customer group whose members have conflicting interests – Cost allocations
- 5. Positional or Issue Conflicts • Advocating for different sides of an issue – Representing customer groups and utilities. – Representing different customer groups – Representing different utilities • Comment 24 criteria – Same or different forums and times – Degree of difference in positions – Significance of issue
- 6. “Imposed” Conflicts • Utility attorney with customer clients who intervene unexpectedly – Scope of intervention re adversity • Utility attorney with other utility clients who may intervene – Degree of adversity, consent • Significance of unforeseeable changes – Restrictions may be lessened
- 7. Ex parte and other restrictions • ABA Model Rule 3.5, Agency ex parte rules – Disclosure as a typical remedy • Agency codes of conduct, ethical codes – Personal financial interests • “Routine” ex parte issues during advocacy – Advocacy vs. advisory functions – Procedural vs. substantive topics – Hearings directly before commissioners
- 8. Ex parte and other restrictions • ABA Model Rule 4.2 – Advocacy policy makers vs. witnesses – Limits on attorneys vs. regulatory department personnel • Attorney-directed contacts prohibited – ABA Model Rule 8.4(a) and Rule 4.2, comment 4