On November 17, William Bolgiano published “Rate Case Expense: A Uniquely Anti-Consumer Form of Litigation Fee Shifting” in the Energy Law Journal. The following is an excerpt:
In nearly every jurisdiction in America, including at the federal level, energy consumers are responsible for paying—as part of their service rates—the legal bills associated with utilities litigating in front of various public commissions and courts against consumers. This is called “rate case expense,” and, although there has been a recent uptick in interest in it in several states, this is the first academic article to focus on the topic.
Click here to access the article.