Jennings, Strouss & Salmon Expands D.C. Office with the Addition of Richard S. Harper

 

WASHINGTON, DC. (November 25, 2014) – Jennings, Strouss & Salmon, a leading Phoenix-based law firm, is pleased to announce that Richard S. Harper has joined the firm’s D.C. office as an associate in the energy department.

“Rich has a proven track record for excellence in advocacy,” stated Deb Roby, Chair of Jennings, Strouss & Salmon’s Energy Practice Group. “I am proud of the talent and leadership that he brings to Jennings, Strouss & Salmon, and I am confident that he will serve our clients with excellence and distinction.” 

Harper focuses his practice in the area of Energy law. He earned a J.D. from George Washington University Law School in 2010 and a B.A. in English from Brigham Young University.  Harper is a former Chief Speech Writer for the Assistant Secretary for Nuclear Energy while serving as Public Affairs Specialist for the U.S. Department of Energy. Prior to joining Jennings, Strouss & Salmon, he was an attorney in the General Counsel’s Office, New Reactor Division of the U.S. Nuclear Regulatory Commission, representing the NRC staff in the licensing of new nuclear power plants in the United States.  

 “I was immediately drawn to the culture of Jennings, Strouss & Salmon,” stated Harper. “The attorneys I have the pleasure of working with are not only top notch legal practitioners, but genuinely good people as well. I look forward to utilizing my experience in nuclear energy regulation, and assisting the firm and clients in other energy regulatory areas.”

About Jennings, Strouss & Salmon

Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter.

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.

~JSS~

http://www.jsslaw.com/professional_bios/Richard_S_Harper

FERC Proposes Policy on Cost Recovery for Modernization of Natural Gas Facilities

Following its open meeting on November 20, 2014, the Federal Energy Regulatory Commission (“FERC”) is seeking comments on a proposed new policy statement (PL15-1-000) that will outline the standards interstate natural gas pipelines must satisfy in order to recover the costs of modernizing their facilities and infrastructure. Once approved, this policy would allow pipelines to recover, through a simplified mechanism such as a surcharge or tracker, capital expenditures made to replace old and inefficient compressors and leak-prone pipes and perform other infrastructure improvements and upgrades to enhance reliability, safety, and regulatory compliance. FERC issued this policy proposal in response to recent federal and state regulations concerning pipeline safety, reliability, and environmental concerns.

Applying the guidelines spelled out in its order approving settlement in Columbia Gas Transmission, LLC,142 FERC ¶ 61,062 (2013), FERC proposed five standards that a pipeline would need to satisfy in its proposal for a cost recovery tracker or surcharge:

1. The pipeline’s base rates to which any surcharges would be added must have been recently found just and reasonable, either through a general Natural Gas Act Section 4 rate proceeding or a collaborative effort between the pipeline and its customers (i.e. a settlement). FERC seeks comments addressing other acceptable approaches to demonstrating that existing base rates are just and reasonable.
2. The costs eligible for recovery are demonstrated to be one-time capital costs incurred to modify facilities to comply with federal or state safety and environmental regulations, such as those being considered by the Pipeline and Hazardous Materials Safety Administration and by the Environmental Protection Agency, as well as other capital costs shown to be necessary for the safe or efficient operation of the pipeline. The pipeline must demonstrate that the recovered costs are not normal capital maintenance expenditures and are necessary for compliance. As in Columbia Gas, the pipeline would have to specifically identify projects eligible for recovery, the facilities to be upgraded or installed by those projects, and an upper limit on the capital costs related to each project to be included in the surcharge.  FERC seeks comments on whether costs of modifications to compressors for waste heat recovery, and costs associated with pipeline expansions should be covered.
3. A pipeline must design its proposed surcharge or tracker to protect its captive customers from cost shifts should the pipeline lose shippers or must offer discounts to retain customer business. One way suggested to meet this goal would be for the pipeline to agree to set a floor on the billing determinants that it uses to design the surcharge. FERC seeks comments on similar types of protections that could be imposed.
4. A pipeline must permit a periodic review of its approved surcharge or tracker to insure that such charge, as well as the base rates, remains just and reasonable. FERC is open to reasonable methods for accomplishing this goal.
5. A pipeline must work collaboratively with its shippers to seek support for the pipeline’s recovery proposal. However, FERC did state that it may approve filings that are found to be just and reasonable but do not necessarily have 100% shipper support.

In addition to requesting comments on the five proposed standards, FERC seeks input on the following related issues:

1. Whether pipelines should be allowed to use accelerated amortization methodologies to recover modernization costs; and
2. Whether FERC should make any changes to the current reservation charge crediting policy to adjust for disruption of primary service resulting from modernization replacements and upgrades.

Initial comments are due by December 26, 2014. Reply comments are due by January 15, 2015. If you have questions or would like more information on the issues discussed in this article, please feel free to contact us.

Gary Newell Featured in District Energy Magazine

Jennings, Strouss & Salmon energy attorney, Gary J. Newell, is featured in the latest edition of District Energy magazine. Read the full article: Recent PURPA Enforcement Actions: Do they signal a policy shift at FERC?

Watch this video to hear Gary Newell discuss additional information about the Public Utility Regulatory Policies Act of 1978 (PURPA).

Jennings Strouss Ranked in 2015 “Best Law Firms” List

PHOENIX, Ariz. (November 4, 2014) – Jennings,Strouss & Salmon, PLC, a leading Phoenix-based law firm, has been ranked in the 2015 "Best Law Firms" list by U.S. News & World Report and Best Lawyers®. The firm received a Tier 1 national ranking for Energy Law, along with Phoenix and Washington, DC metropolitan rankings for 33 additional practice areas.
 

Firms included in the 2015 "Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a ranking signals a unique combination of quality law practice and breadth of legal expertise.
 

The 2015 Edition of "Best Law Firms” includes rankings in 74 national practice areas and 120 metropolitan-based practice areas.
 

The U.S. News – Best Lawyers “Best Law Firms” rankings, for the fifth consecutive year, are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. Clients and peers were asked to evaluate firms based on the following criteria: responsiveness, understanding of a business and its needs, cost-effectiveness, integrity and civility, as well as whether they would refer a matter to the firm and/or consider the firm a worthy competitor.
 

This year, in addition to the Tier 1 national ranking for Energy Law, Jennings Strouss was included in the metropolitan rankings for the following areas:


METROPOLITAN TIER 1

Phoenix

Administrative / Regulatory Law
Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Commercial Litigation
Corporate Law
Energy Law
International Trade and Finance Law
Litigation - Bankruptcy
Litigation - Construction
Litigation - Real Estate
Mediation
Medical Malpractice Law - Defendants
Personal Injury Litigation - Defendants
Real Estate Law
Trusts & Estates Law

Washington DC

Energy Law


METROPOLITAN TIER 2

Phoenix

Arbitration
Construction Law
Corporate Governance Law
Employment Law - Management
Health Care Law
International Arbitration - Commercial
Labor Law - Management
Legal Malpractice Law - Defendants
Litigation - Banking & Finance
Mergers & Acquisitions Law
Professional Malpractice Law - Defendants
Securities / Capital Markets Law
Tax Law


METROPOLITAN TIER 3

Phoenix

Banking and Finance Law
Eminent Domain and Condemnation Law
Ethics and Professional Responsibility Law
Litigation - Labor & Employment
Public Finance Law
 

About “Best Law Firms”
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking, a law firm must have at least one lawyer listed in 20th Edition of The Best Lawyers in America© list for that particular location and specialty.
 

About U.S. News & World Report
U.S. News & World Report is a multimedia publisher of news, consumer advice, rankings and analysis. Focusing on Education, Health, Personal Finance, Travel, Cars and News & Opinion, www.usnews.com has earned a reputation as the leading provider of consumer advice and analysis that helps its readers make informed life decisions. U.S. News & World Report's signature franchise includes its "Best" series of consumer advice guides and publications that include rankings of colleges, hospitals, mutual funds, cars and more.
 

About Jennings, Strouss & Salmon, PLC  

Jennings, Strouss & Salmon, PLC, has been providing legal counsel for over 70 years through its offices in Phoenix, Peoria, and Yuma, Arizona; and Washington, D.C. The firm's primary areas of practice include agribusiness; bankruptcy, reorganization and creditors’ rights; construction; corporate and securities; employee benefits and pensions; energy; family law and domestic relations; health care; intellectual property; labor and employment; legal ethics; litigation; professional liability defense; real estate; surety and fidelity; tax; and trust and estates. For additional information please visit www.jsslaw.com and follow us on LinkedIn, Facebook and Twitter.
 

The firm’s affiliate, B3 Strategies, assists clients with lobbying and public policy strategy at the local, state, and federal levels. For more information please visit www.b3strategies.com.


~JSS~

Contact: Dawn O. Anderson | danderson@jsslaw.com| 602.495.2806

The Beneficiary Deed – Is It Right for You?

It is common knowledge that the purpose of a Will is to ensure assets are distributed according to a person’s wishes upon his or her death. In addition, many people will go a step further, perhaps upon the advice of their attorney or accountant, and have a trust prepared to help avoid the sometimes lengthy legal process of probate, as well as potentially help minimize or avoid federal estate tax; however, in Arizona, there exists another effective, yet lesser known, estate planning tool called a “beneficiary deed.” 

A beneficiary deed is a deed to real property that specifies who should receive ownership of the real estate upon the death of the current property owner. The designated beneficiary can be either an individual or it can identify multiple beneficiaries. A beneficiary deed can also designate a successor beneficiary. For instance, you may provide that your home goes to your son, but if he predeceases you, the property goes to your brother. In order to be effective, the beneficiary deed must be executed in accordance with the law and recorded in the office of the county recorder of the county in which the property is located prior to the death of the property owner.  Further, the person designated to receive the property need not sign the document, nor are they required to receive notice that they have been designated as a beneficiary.

A property owner may also change or revoke a beneficiary deed, even if it has already been recorded.  If there are co-owners of the property, the beneficiary deed can be revoked by any of the owners who signed the deed initially. A beneficiary deed will not prevent using the property to secure a loan, and will not prevent the owner from selling his or her home.

In addition to the above described flexibility, another advantage of utilizing a beneficiary deed is the fact that the real estate passes to the individual designated without having to go through probate, much like it would if a trust were prepared; however, a beneficiary deed can be generated more quickly and less expensively than preparing a trust. The beneficiary deed also has advantages over gifting property to a family member or friend prior to death, as it permits the owner to maintain control of the property, and avoid gift tax liability.  It also allows the recipient to get the stepped up basis, up to the value of the property, at the time of your death. 

Depending on the individual situation, there are also potential disadvantages to using a beneficiary deed. For instance, if the beneficiary to whom an owner intends to leave the property is a minor, it may be better to have a trust created, allowing the trustee to oversee and maintain the property until the minor reaches an appropriate age. Another potential drawback to using a beneficiary deed in lieu of a trust is that the property remains as part of the estate for purposes of calculating the value for estate taxes.  Although the foregoing may be a non-issue for those whose estate value does not exceed the current exemption amount of $5,340,000, for those whose estate exceeds the current exemption amount, this is something to consider.

The above references are not intended to be an exhaustive list of the pros and cons of beneficiary deeds. Contact an estate planning attorney to discuss your individual circumstances before deciding how best to proceed to determine the best plans to satisfy your individual estate planning needs.

*Garrett Olexa is a member of the law firm of Jennings, Strouss & Salmon, PLC. His practice includes estate planning and estate planning litigation.  Mr. Olexa can be contacted at golexa@jsslaw.com or 623.878.2222.