Devan K. Flahive
Of Counsel
- Represented clients in contested cases before the PUCO, the OPSB, local zoning boards, and courts with appellate jurisdiction over decisions regarding permits or other special/discretionary approvals
- Advised renewable energy and battery project developers on interconnection issues and filed protests with the FERC, including challenges to static charging tables and other breaches of interconnection agreements
- Represented a gas storage company in acquiring subsurface rights through a federal eminent domain proceeding, and in contractual and environmental disputes related to an on-site methane digester and agricultural operations
- Represented a public utility holding company in casualty and property damage cases related to a gas pipeline explosion, securing the client’s dismissal from all pending actions
- Represented an energy client as regulatory counsel for acquisition and financing due diligence
- Served as litigation counsel in proceedings before the FERC, the PUCO, and federal and state courts in Ohio and West Virginia
- Advised non-utility energy clients (e.g., power producers and marketers, including solar developers and competitive retail electric suppliers/electric supply companies) on contract issues, including analyzing claims, litigation risk, likelihood of positive outcomes, and federal and state regulatory compliance aspects
- Represented a pipeline company in a lawsuit filed by joint venture partners, alleging breach of the operating agreement, negligence, and breach of fiduciary duties
- Represented an oil and gas operator in a class action lawsuit concerning liability for capital costs related to well plugging and deductions from royalty payments
- Served as FERC counsel for gas-fired and solar/wind generating facilities regarding market-based-rate authorizations and 203 approvals related to the acquisition or sale of FERC-jurisdictional facilities
