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Randall L. Speck

Randall L. Speck
Special Counsel
randall.speck@kayescholer.com

Washington, DC
T: +1 202 682 3510 F: +1 202 414 0320

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Randall Speck is responsible for major administrative, litigation, and arbitration matters in the firm’s Washington, DC office. For more than 30 years, Randy has handled a variety of complex proceedings involving electric industry restructuring, development and implementation of organized electric markets, multibillion-dollar contract disputes, design and construction projects, antitrust claims, alleged fraud and negligence suits. He has represented state public utility commissions in major proceedings at the Federal Energy Regulatory Commission (FERC) and before the US Courts of Appeals relating to electric resource adequacy, the exercise of market power in wholesale electricity markets and incentive rates of return. Recently, he has represented a major electric utility in a state regulatory proceeding involving the prudence of costs incurred in building a first-of-a-kind-at-its-size baseload power plant and has represented a major US electrical equipment manufacturer in a simultaneous lawsuit and international arbitration over the award and performance of a contract to build a nuclear power plant in the Philippines, including a $2 billion arbitration proceeding. He has represented a number of major US and international manufacturers in multimillion-dollar contract disputes and arbitration matters involving such issues as the international rights to sell patented HIV tests, the development and marketing of generic drugs in the United States, contracts to supply radar equipment to a country in the Middle East in the 1970s and alleged fraud in the manufacture of communications satellite components. He successfully represented a class of former shareholders in a suit to enforce a letter agreement to pay them a percentage of the gain realized on any resale of cellular telephone assets.

Randy has represented states in the development and implementation of new markets for electric capacity in New England and the mid-Atlantic region. He has also conducted a retrospective review for a state regulatory commission of electric industry restructuring and evaluated the cost-effectiveness of options for supplying electricity in the future. He served as Special Counsel to a state legislative committee evaluating a proposed contract for an offshore wind-generation facility. He represented a state as a Special Assistant Attorney General in a proceeding before the FERC to evaluate the projected $831 million decommissioning of the Connecticut Yankee nuclear power plant and in FERC proceedings to establish market rules for the electric industry in New England. He served as Special Counsel to the California Public Utilities Commission in its investigation of the costs of the Diablo Canyon Nuclear Power Station, which analyzed the site selection, design and construction of Diablo Canyon and quantified the impact of identified instances of unreasonable management practices. His other experience spans a wide range of matters including a FERC proceeding to examine the cost of constructing the $8 billion Trans Alaska Pipeline System, a large civil Racketeer Influenced Corrupt Organization claim alleging fraudulent placement of insurance coverage in the London market, defense of a Robinson-Patman claim for disproportionate promotional payments, labor and employment discrimination suits and litigation for damages caused by a fire that destroyed a blimp hangar. The common thread in all of this work is the complexity of the subject matter and the demanding arbitration/litigation context.

Randy was designated a “Groundbreaking Lawyer for 2009” by Public Utilities Fortnightly and is ranked by Best Lawyers in America (2012-2015) for his work in Energy Law.

Representative Matters

  • Randy represented a major electric utility in a hearing proceeding to evaluate the prudence of investments in the construction of an integrated gasification combined cycle baseload power plant and whether recoverable costs should be reduced because of alleged “fraud, concealment and gross mismanagement.”
  • Randy represents a state public service commission in connection with its examination of electric industry restructuring, its evaluation of stranded cost determinations, implementation of the Reliability Pricing Model in the PJM Interconnection and the possible exercise of market power wholesale energy markets.
  • Randy served as Special Counsel for a state legislative committee in its examination of a proposed power purchase agreement for off-shore wind generation.
  • Randy represents state public utility commissions in numerous matters before the FERC, including proceedings relating to market mechanisms to assure electric generation resource adequacy, the conditions for compensating “reliability must run” units in congested regions, what financial compensation and incentives transmission owners should have to undertake substantial transmission upgrades, and how the costs of a new locational energy charge should be shared under existing power contracts.
  • Randy represented senior state government officials in a petition to the FERC for formation of the New England States Committee on Electricity, a regional state committee with a charter to address regional electric restructuring issues related to resource adequacy and system planning and expansion.
  • Randy represented the California Public Utility Commission’s (CPUC) independent management auditor in the 2001 review of Pacific Gas & Electric (PG&E) as part of the CPUC’s evaluation of possible rate relief for PG&E. This representation included assisting the state auditor in preparing testimony before the California Senate Energy Committee and before the CPUC.
  • Randy represented Commonwealth Edison in proceedings before the Illinois Commerce Commission relating to restructuring of the electric industry in Illinois and the impact of those changes on charges for nuclear power plant decommissioning. Randy also represented Public Service Gas and Electric Company in similar proceedings before the New Jersey Board of Public Utilities.
  • Randy acted as Special Counsel to the Connecticut Department of Public Utility Control (DPUC) to evaluate wholesale electric utility deregulation options, including the development of merchant power producers, divestiture of investor-owned generating assets, and creation of market administration mechanisms. This effort resulted in legislative proposals that ultimately led to retail deregulation in the spring of 1998.
  • Randy serves as a Special Assistant Attorney General for the DPUC in a proceeding before the FERC to evaluate the proposed $831 million decommissioning of the Connecticut Yankee nuclear power plant, including the company’s prudence in managing decommissioning.
  • Randy served as Special Counsel to the CPUC in its investigation of the costs of the Diablo Canyon Nuclear Power Station. That proceeding analyzed the site selection, design and construction of Diablo Canyon, and quantified the impact of identified instances of unreasonable management practices. Randy advised the Commission staff on litigation strategy, established priorities for the proceeding, worked with expert witnesses to prepare their testimony and assisted in analyzing settlement proposals.
  • Randy was Counsel to the DPUC in its investigation of the Seabrook nuclear plant. He worked with its experts to review the management of the design and construction, and to prepare testimony for regulatory proceedings.
  • Randy represented a major US electrical equipment manufacturer in a simultaneous lawsuit and international arbitration over the award and performance of a contract to build a nuclear power plant in the Philippines. These proceedings addressed the validity of the original contractual relations in light of allegations of bribery and fraud, as well as the design, construction and licensing of the virtually completed nuclear plant. The litigation included discovery of several hundred thousand documents, over 50 depositions and an eight-week jury trial.
  • Randy’s other experience spans a wide range of matters including a fraud suit on behalf of a European communications satellite manufacturer for in-orbit failures, an antitrust jury trial on behalf of a national mattress manufacturer, labor and employment discrimination suits, litigation for damages caused by a fire that destroyed a blimp hangar, international arbitration of disputes related to the development and marketing of generic drugs and diagnostic tests and the sale of radar equipment.
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Practice Areas

Education

Harvard Law School, JD, cum laude, 1977

Abilene Christian College, BA, summa cum laude, 1968

Bar Admission(s)

District of Columbia

US Supreme Court

US District Court for the District of Columbia

US Court of Appeals for the Fourth Circuit

US Court of Appeals for the Fifth Circuit

US Court of Appeals for the Seventh Circuit

US Court of Federal Claims

US Court of Appeals for the District of Columbia Circuit

 
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