Success story: ComEd Class Action Lawsuit

Paul Neilan’s experience goes back more than 20 years into commercial finance, startup law and energy.

  • Served as the lead attorney to Navitas Energy, Inc. in connection with the development and completion of the Mendota Hills Wind Farm in Lee County, Illinois. With an aggregate nameplate capacity of 50.4 megawatts, the Mendota Hills Wind Farm was the first operational utility-scale wind energy project in Illinois. Mr. Neilan negotiated and closed the interconnection agreement with Commonwealth Edison Company, the civil and electrical construction. agreements, and the numerous purchase, wind lease and easement agreements necessary to acquire land rights for the project.
  • Represented the Village of Deerfield in a class action against ComEd for breach of its municipal franchise agreement and inadequate service over a multi-year period.
  • Represented major commercial property managers (e.g., CB Richard Ellis, MB Real Estate, Grubb & Ellis, M&J Wilkow) and large industrial and governmental end-users in negotiating and closing hundreds of competitive electricity supply contracts representing more than 300 megawatts of load.
  • Represented nine major downtown office buildings in negotiating and closing contracts for procuring renewable energy certificates representing 100% of their electricity supply requirements.
  • Challenged ComEd’s proposed uniform price reverse auction energy procurement strategy (Ill. Commerce Commission Docket No. 05-0159), working closely with renowned economist Dr. Arthur Laffer as expert witness. Played key role in structuring legislative settlement, including design of pay-as-bid utility electricity supply procurement method now used by Illinois Power Agency.
  • Successfully managed and completed on behalf of Chicago Public Schools both the 2007 and 2009 requests for proposals for electricity supply and renewable energy certificates for more than 620 CPS facilities with 180 megawatts aggregate load. Prepared both electricity supply and renewable energy certificate contracts, conducted prospective bidder meetings and evaluated supplier proposals. Closed multi-year electricity supply transactions, including 20% renewable energy for all CPS accounts, with successful bidders.
  • Challenged ComEd’s delivery services rate increase in Ill. Commerce Commission Docket No. 05-0597.
  • Successfully represented developers in action against natural gas utility for improper charges on disconnects, reconnects, service pipe installations and main extensions.
  • Actively participated in the Illinois Commerce Commission’s Post 2006 Initiative, which addressed issues raised by the transition to fully competitive electricity markets in Illinois, including a workshop presentation on how a renewable portfolio standard should be implemented in Illinois.
  • Successfully negotiated and closed agreements with ComEd for use of risers for an emergency generation project for a major commercial building in Chicago.
  • Successfully settled numerous disputes with public utilities, including obtaining refunds of utility overcharges on behalf of clients.
  • Litigated municipal electricity tax assessments on behalf of three reseller commercial buildings that succeeded in reducing their tax bills by 65%.