Dan L. Carroll

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Energy, Professional Responsibility

Admitted to Practice in:

California

Experience

Energy
Trial counsel on behalf of irrigation districts in various issues related to cost responsibility surcharges for municipal departing load customers.

Trial counsel on behalf of irrigation district in trial of competing plans of reorganization of PG&E and the California Public Utilities Commission in the bankruptcy of PG&E.

Lead trial counsel for ad hoc group of industrial energy customers in proceedings at CPUC to design and institute cost responsibility surcharges for direct access customers as part of aftermath of California energy crisis.

Lead trial counsel on behalf of independent gas storage company in numerous regulatory proceedings, including application for certificate of public convenience and necessity, regulated utility Biennial Cost Allowance Proceeding, gas industry restructuring proceeding, expansion proceeding of another independent gas storage company, complaint proceeding brought by investor-owned utility, and natural gas storage and transmission general rate cases.

Lead regulatory and trial counsel for small investor-owned electrical utility, including pursuing its first general rate case at California Public Utilities Commission.

Lead trial counsel for ad hoc group of industrial energy customers in December 2000-January 2001 emergency proceedings at California Public Utilities Commission regarding requests for emergency rate increase from PG&E and SoCalEdison and in proceedings to establish cost responsibility surcharges of direct access customers.

Substantial involvement in regulatory and litigation activities concerning implementation of electric restructuring in California, including:

•  Co-Chair of Implementation Team of Direct Access Working Group ("DAWG"), a working group that met numerous times in 1996 to produce and submit to the California Public Utilities Commission ("CPUC") a report entitled Design and Implementation of Direct Access Programs dated August 19, 1996. In capacity as co-chair of DAWG, also participated in executive committee meetings and drafted Executive Summary of final report submitted to CPUC.

•  Lead trial counsel for ad hoc group of industrial energy customers in Phases 1 and 2 of the CPUC's Competition Transition Charge proceedings concerning restructuring implementation costs under public utilities code § 376.

•  Counsel responsible for drafting comments, briefs, and other written submissions to CPUC on behalf of both a public entity seller and industrial consumers of electricity on various restructuring-related topics, including interim competition transition charge proceeding, divestiture proceedings, performance based ratemaking proceedings, streamlining of tariffs in a deregulated environment, direct access implementation tariffs, and CTC implementation tariffs.

•  Lead trial counsel for small investor-owned electrical utility in proceeding to determine how small and multi-jurisdictional utilities will comply with AB 1890.

•  Participated on behalf of industrial consumers of electricity in various working group meetings regarding establishment of ISO and PX, and in drafting comments filed at FERC on utility and ISO/PX filings.

•  Represented large multi-site retailer in negotiating first direct access power supply agreement.

•  Advised both public seller and industrial consumers of electricity on impacts of restructuring and AB 1890.

Advised client on impacts of California public utility laws on valuation of closed federal military installation.

Lead attorney in action to establish value of steam used to power geothermal power plant.

Trial counsel in action concerning reformation of sale documents involving geothermal properties.

Other Public Utilities Commission Representation
Lead trial counsel for water conservation district in application of regulated water utility to recover costs of participation in state water project.

Commercial and General Business
Lead attorney in complex commercial dispute under the Federal Packers and Stockyards Act, litigated in U.S. Bankruptcy Court, Eastern District of California.

Lead attorney in complex litigation defending against claim of improper termination of office furniture distribution relationship, litigated in U.S. Bankruptcy Court, Eastern District of California.

Lead attorney in suit to invalidate local ordinance banning personal watercraft from river.

Public Contracts
Lead attorney in prosecution and defense of litigation involving complex computer acquisition.

Lead attorney in defense of an attempt to apply civil rights statutes to public contract awards.

Lead attorney in counseling of a private client concerning a procurement for police motorcycles.

Lead attorney in bid protests involving provision of carnival services to county and state fairs.

Administrative proceedings regarding procurement of Medi-Cal claims administration.

Litigation of MBE/WBE/DVBE issues.

Professional Responsibility/Other
Firm General Counsel. One of two partners at firm responsible for analyzing and resolving ethical issues that arise as part of the firm's practice, with a particular emphasis on identifying, analyzing, and resolving conflicts of interest.

Former Law Clerk for Justice Warren W. Matthews, Jr. of the Supreme Court of Alaska

Professional Honors
Recognized in the 2006 Edition of The Best Lawyers in America

MEMBERSHIPS

Named to The Best Lawyers in America in the area of Public Utility Law

All California courts, United States District Courts, Eastern and Northern Districts of California and United States Tax Court, Admitted to Practice

Sacramento County Bar Association, Administrative and Public Law Sections, Member

Milton L. Schwartz American Inn of Court, Barrister

Conference of California Public Utility Counsel, Member

Energy Bar Association, Member

Judicial Advisory Committee for United States District Court, Eastern District of California, Former Member; Eastern District Conference Planning Committee, Former Co-Chair

Federal Bar Association, Sacramento Chapter, Former President, Vice President, Treasurer, Secretary and Program Committee Chair

Federal Bar Association Convention; Former CLE Chair; Convention Planning Committee, Former Member

State Bar of California, Litigation Section, Member

Conference of California Public Utility Counsel, Member

California Municipal Utilities Association, Member

EDUCATION

University of California, Davis (J.D., Order of the Coif)
University of California, Davis, (A.B., with High Honors)
University of California, Davis (Secondary English Teaching Credential)

PUBLICATIONS

U.C. Davis Law Review, 1981-1982, Executive Editor

14 University of California, Davis Law Review 669 “Comment: Labor Strife and UCC Section 2-615: One Strike and You're Out?” 1981, Co-Author

PRESENTATIONS

California Conference of Public Utility Counsel annual meeting, “Ethical Conflict of Interest Issues,” September 2002, Speaker

Western Chapter of Energy Bar Association meeting, “The Face at the End of the Line: End User Concerns,” September 2002, Panel Moderator

California Manufacturers Association energy conference “What Large Customers Want,” Summer 2002, Speaker

Energy Bar Association annual midwestern meeting "Through a Glass, Darkly: A California Retrospective," 2001, Speaker

The Great California Power Rush, “What the Customers Want and Still Can't Get,” February 1998, Lecturer

Competition in Metering & Billing, “Contracts and Legal Structures for Relationships Between Players in the New Market,” December 1997, Lecturer

Buying and Selling Electricity in the New Age Western Power Market Conference, “Tools of the Trade: End User Purchasing Strategies in the New Market,” December 1997, Lecturer

California State Bar, Continuing Education of the Bar, “Preparing For, Taking, and Using Depositions,” Spring 1990, 1992, 1994, 1996, Lecturer

California State Bar, Continuing Education of the Bar, “Compelling, Opposing and Enforcing Discovery in State Court,” Spring 1993, Fall 1995, Winter 1996, Lecturer

California State Bar, Continuing Education of the Bar, “Fundamentals of Civil Procedure Before Trial,” a 4-day course, 1993, Lecturer

CHARITABLE

Elk Grove High School , Mock Trial Team, Attorney Coach

Sacramento Lutheran Development Society, Former Member Board of Directors

Elk Grove Park Advisory Council (an advisory council of the Elk Grove Community Services District), Member

St. John's Lutheran Church, Council, Finance Committee and Youth Ministry Committee, Former Member

Elk Grove Unified School District, Entrepreneur Study Group, Former Member

Elk Grove Community Planning Advisory Council, Former Member

Sutter Hospital Foundation, Major Gifts Committee, Former Member

Sacramento Old City Association, Planning Committee, Former Member