Biography
Todd Swanson focuses primarily on public and private utility law. Mr. Swanson represents privately-owned utilities, both publicly traded and closely held, as well as publicly-owned utilities such as municipalities and public service districts. He also represents natural gas gathering/midstream companies, intrastate natural gas pipelines, wholesale electric generators, motor carriers of passengers and property, telecommunications companies, and cogeneration facilities.
Mr. Swanson has experience litigating applications for a certificate of public convenience and necessity, base rate cases, municipal appeal rate cases, depreciation rate cases, siting certificate cases, affiliated transaction cases, cost of gas purchased cases (including the defense of natural gas hedging transactions), purchases and sales of public utilities, and defense of customer complaint cases.
Representative Experience
- Represented an independent investment management firm in its acquisition of a shareholder-owned local distribution company before the Public Service Commission of West Virginia
- Represented a methane gas-fired electric generating facility in a siting certificate proceeding before the Public Service Commission of West Virginia
- Represented large local distribution companies in a variety of matters before the Public Service Commission of West Virginia, including the prosecution of base rate cases, cost of gas purchased cases, bypass cases, and formal customer complaint cases
- Represented a private equity firm in its evaluation of several natural gas-fired power generation facilities
- Represented a PURPA qualifying facility before the Public Service Commission of West Virginia in a complaint case asking the PSC to require an electric utility to consent to a refinancing of the qualifying facility’s outstanding debt
- Represented midstream / gathering pipeline companies in assessing their exposure to regulation by state public utility commissions
- Represented municipalities and public service districts (water and sewer) before the Public Service Commission of West Virginia in rate proceedings and certificate applications
- Represented a competitive local exchange carrier before the Public Service Commission of West Virginia in a certificate proceeding and several acquisition proceedings
Education
- J.D. Ohio Northern University Pettit College of Law
- M.B.A. Marshall University
- B.S. Mountain State University
Memberships
- West Virginia Rural Water Association
- West Virginia Water Environment Association
- West Virginia Municipal League
- Leadership West Virginia
- Leadership Kanawha Valley
- Alzheimer’s Association, West Virginia Chapter
- Energy Bar Association
- National Association of Regulatory Utility Commissioners, Utility Rate School
Achievements
- The Best Lawyers in America®, Utilities Law (2019-Present)
Speaking Engagements
- Mr. Swanson regularly speaks to various industry and trade organizations about recent developments before the Public Service Commission of West Virginia.