Owen E. MacBride

Partner

Owen E. MacBride is a partner in the Energy and Public Utilities Practice Group of Schiff Hardin LLP, based in the firm's Chicago office. He has represented electric and gas utilities, telecommunications carriers and other entities before the Illinois Commerce Commission (ICC) for over 30 years. Clients have included:

• Electric and gas utilities
• Generating companies
• Common carrier pipelines
• Telecommunications carriers (including an incumbent local exchange carrier, competitive local exchange carriers and interexchange carriers)
• Municipalities (including a municipal water utility)

Mr. MacBride has participated in a wide range of state regulatory matters including:

• More than ten major electric and gas rate cases
• Other tariff proceedings
• Certificate applications
• Proceedings to approve mergers and acquisitions, asset sales, financings and contracts
• Complaint cases and investigations
• Rulemakings and other generic proceedings

Several rate cases have involved the development and setting of unbundled electric "delivery service" and gas transportation and delivery service rates for retail customers who choose to buy their power or gas supply from third party sellers. He has represented large Illinois utilities and carriers and their holding companies in obtaining regulatory approvals for merger and acquisition transactions with other utility holding companies. He has also represented common carrier pipelines in obtaining certificate authority and eminent domain authority from the ICC for the acquisition of land rights and construction and operation of pipelines.

Mr. MacBride represents the North American Electric Reliability Corporation (NERC) in connection with its transition to being the industry self-regulatory organization responsible for developing and enforcing standards for reliable operation of the North American bulk power transmission system, including its applications to the Federal Energy Regulatory Commission (FERC) for certification as the "electric reliability organization" for the United States under the Energy Policy Act of 2005, for approval of bulk power system reliability standards, for approval of the annual budgets and assessment authorizations for NERC and the regional entities, for approval of NERC's compliance monitoring and enforcement program and its delegation agreements with the regional entities, and related compliance filings. He also advises NERC on corporate and governance matters. In addition, he counsels electric industry clients on NERC-related compliance matters and developments.

Experience

Mr. MacBride has represented telecommunications carriers in rate cases (both traditional and TELRIC); interconnection agreement negotiations and arbitrations; complaint cases, investigations and other dispute resolution proceedings; Section 271 investigations; and other matters relating to implementation of the federal Telecommunications Act and FCC orders at the state level. He has also handled more traditional state regulatory proceedings such as certificate applications, transaction and financing approvals and rulemakings. He also represents a municipal water utility in rate matters.

Mr. MacBride has represented clients in administrative proceedings and litigation involving property taxes and state and local taxes applicable to electric and gas utilities, telecommunications carriers and similar businesses. He has represented clients in numerous appeals to the courts from administrative agency decisions.

Mr. MacBride also represents utilities and telecommunications carriers in legislative matters relating to regulation, restructuring and state taxation. He was a principal negotiator and drafter of Illinois' 1997 electric restructuring law, and represented an electric industry client in the 2007 negotiation of legislation to form the Illinois Power Agency, establish new electric utility wholesale power procurement procedures, and resolve issues arising from the large retail electricity price increases that occurred in Illinois in 2007. He has represented and advised clients in Illinois and other states in matters relating to the development and implementation of restructuring legislation, including sales and transfers of electric generating stations, the development of unbundled tariffs for electric delivery services and an $864 million securitization bond financing.

Mr. MacBride has represented utilities, non-utility generators, telecommunications carriers, large electricity and gas consumers, and municipalities in commercial transactions and disputes involving matters such as power, gas and water supply contracts, fuel supply contracts, construction contracts and space leases, and project development matters. He has prepared and negotiated power supply contracts on behalf of both suppliers and consumers, and has advised commercial and industrial consumers in contracting for electric and gas supply services.

Mr. MacBride has prepared legal opinions and provided other analysis supporting numerous financial transactions. He counsels utility, telecommunications and other clients in structuring transactions to conform to legal and regulatory requirements. He frequently advises and assists clients in strategic analyses and decision-making.

Mr. MacBride's representation of utilities and carriers, other energy and telecommunications businesses, large customers and NERC has given him broad experience with a wide range of legislative, regulatory, operating, planning, construction, reliability, procurement, accounting, financial and ratemaking issues and practices for electric and gas utilities, telecommunications carriers, municipally-owned utilities, non-utility generators, pipelines and consumers of electricity, gas and water.

Publications

"Administrative Review," Chapter in Chancery and Special Remedies, Illinois Institute for Continuing Legal Education (IICLE) (2004) and Supplement (2006)

Education

Professional Memberships

American Bar Association

Illinois State Bar Association

Chicago Bar Association