Sturgill, Turner, Barker & Moloney, PLLC
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Utilities

With a broad experience base in litigation and regulation, Sturgill Turner’s utility and energy attorneys bring a wealth of knowledge necessary for representation in any forum and are equipped to provide legal counsel on a wide spectrum of utility-related matters. Our Kentucky attorneys have experience in litigating matters before the Public Service Commission, including setting utility rates, acquisition and transfer of control, approval of financing, and certificates of public convenience and necessity. We have negotiated contracts for wholesale water sales, utility asset transfers, municipal franchise agreements, natural gas processing, and other energy-related matters. In addition, our attorneys have represented municipal utilities, water districts, a sanitation district, and an electric generating and transmission cooperative in litigation in state and federal courts and administrative agencies on issues that arise in every utility’s operations—from simple torts to complex employment matters.

  • Represented public utility and municipality in rate cases before the Public Service Commission.
  • Successfully defended a public utility in a “show cause” investigation established by the Public Service Commission.
  • Assisted a water district in obtaining approval for Kentucky Infrastructure Authority financing and a certificate of public convenience and necessity from the PSC.
  • Advised a water district on refund of sewer charges ordered by the Public Service Commission.
  • Represented a public utility and its corporate parents in an administrative case in which the entities received approval of a transfer of control.
  • Represented a municipality in a case in which the Court of Appeals determined that a developer was not statutorily entitled to refunds for water and sewer line extensions.
  • Defended municipalities in litigation in Boyle, Madison, and Whitley Circuit Courts involving sanitary sewer backups onto private property.
  • Advised municipalities regarding the award of utility franchises.
  • Negotiated a contract for the processing of natural gas.
  • Defended a water district in breach-of-contract litigation filed in Pulaski Circuit Court.
  • Defended a regional sanitation district in Campbell Circuit Court related to property damage.
  • Defended an electric generating and transmission cooperative before the Equal Employment Opportunity Commission against claims of discrimination and retaliation. Advised a regional sanitation district on the legal duty of certain private property owners to pay storm water fees.
  • Osterloh, Advanced Legal Issues Affecting Local Governments and Municipalities: An Ultimate Guide, National Business Institute CLE (December 2016)
  • Gardner, National Press Club – Bipartisan Policy Center, Washington, D.C.
    RSV/RAM Proposed Reliability Mechanisms for the Clean Power Plan Workshop – Speaker (May 8, 2015)
  • Gardner, University of Kentucky College of Law, Lexington, KY
    “Jurisdiction and Energy Challenges” – Lecturer (April 8, 2015)
  • Gardner, FERC Technical Conference on Environmental Regulations and Electric Reliability, Wholesale Electricity Markets and Energy Infrastructure. Docket No. AD15-4-000, Washington D.C. “Potential Implications for Commission-Jurisdictional Markets” – Presenter (February 19, 2015)
  • Osterloh, “Public Records Issues,” CLE presentation for the National Business Institute (May 2015)
  • Osterloh, “Taxpayer Revolt, Enhanced Scrutiny of Special Districts, and House Bill 1,”Kentucky Bench and Bar Magazine (March 2014)
  • Gardner, The White House, Roosevelt Room. Washington, D.C.
    Presentation on Kentucky’s and NARUC’s position on the Clean Power Plan in a meeting with Gina McCarthy, EPA Administrator; Dr. Ernest Moniz, Department of Energy Secretary; Dan Utech, Special Assistant to the President for Climate; Dr. John Holdren, White House Science Advisor; and NARUC Leadership – Presenter (February 10, 2014)
  • Osterloh, “Public Open Records and Open Meetings Laws,” CLE presentation for the National Business Institute (June 2013)
  • Gardner, MACRUC, Hershey, PA
    “Ethical Challenges Facing Attorneys Engaged in Public Utility Regulation” – Moderator (June 26, 2013)
  • Todd Osterloh attended the Kentucky Clean Fuels Coalition meeting: Natural Gas – Moving the Needle in Kentucky (May 2013)
  • Gardner, Energy Bar Association Annual Meeting, Washington, DC State Law Seminar – “Cost Recovery for Distribution Infrastructure and Environmental Compliance Costs” – Presenter (May 1, 2013)
  • Gardner, KY Oil and Gas Association, Lexington, KY
    “Natural Gas’ Impact on Electric Generation” – Speaker (June 20, 2012)
  • Gardner, Edison Electric Institute (EEI) Spring Legal Conference, Amelia Island, FL
    “MACT Implementation:  Processes Being Developed for Extension of Time Requests”
    Speaker (April 18, 2012)
  • Gardner, NARUC Webinar
    “Bankruptcy Basics” – Instructor (April 12, 2012)Osterloh, “Utility Rate Setting,” Presentation at the 2012 Kentucky League of Cities Annual Conference (October 2012)
  • Osterloh, “Contracts between Cities and Public Utilities,” CLE Presentation for the Municipal Attorneys Association of Kentucky (October 2011)

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