Helping businesses solve issues through mediation, arbitration and other alternative problem-solving processes.
  • Core Services

    • Energy Dispute Resolution
    • Commercial Mediation
    • Arbitration

    Additional Services

    • Dispute Review Boards
    • Facilitation, Team Building, and Group Problem Solving
    • Public Policy Negotiation
    • Partnering

Alternative Dispute Resolution Experience

Mr. Shapiro’s experience includes mediation, arbitration and facilitation of cases involving producers, regulatory agencies, Independent System Operators, publicly owned utilities, reliability councils and various Non Governmental Organizations. In working with parties Mr. Shapiro draws upon his law firm, industry and regulatory experience. Specifically, helped establish the FERC Dispute Resolution Service and then served as Federal Mediator for 9 years working with regulated entities conducting business in the national energy markets. Mr. Shapiro was instrumental in creating the large and small generator interconnection rules and procedures; as well as the PJM Reliability Pricing Model establishing a new capacity auction in the PJM Region.

Mr. Shapiro provides mediation and facilitation for federal and state agencies in the formation and implementation of regulations and policies. Mr. Shapiro is keenly aware of the nuances involved throughout the restructuring of the electric service industry, and works closely with disputing parties to see if strategic business options can be developed as part of the larger case settlement strategy. Mr. Shapiro’s work is best situated to serve disputing parties to work closely with all involved to meet the challenges of deregulation and increased competition. Resolution Matters, Inc. and Mr. Shapiro have mediated successfully in the following areas:

  • Arbitrated 30 year power purchase agreement dispute between developer/joint venture and investor owned utility – avoided Cost dispute valuing damages with 15 year forward pricing, state, federal bankruptcy and federal regulatory issues. Panel Member.
  • Arbitrated developer and independent system operator Day Ahead Market bidding and billing dispute. Sole arbitrator.
  • Arbitrated wind developer and investor owned utility dispute over reliability violations and interconnection contract alleged breaches and cost overruns. Panel Member.
  • Arbitrated municipal owned power company and hydropower generator dispute over asset valuation with determinative issues of avoided costs under PURPA, day ahead energy pricing in an ISO market, renewable energy credit future pricing, and future natural gas pricing. Panel Member.
  • Arbitrated commercial farmer and Department of Agriculture Insurance Guarantee dispute over crop damage. Sole arbitrator.
  • Arbitrated prime – sub-contractor construction dispute involving a closely held business and the heirs of a deceased owner of one of the businesses over delay and changed site condition claims. Sole Arbitrator.
  • Arbitrated municipal utility and hydropower owner/operator dispute over asset valuation for tax assessment purposes.  Panel Chairman.
  • Co-mediator PJM Reliability Pricing Model with 65 parties
  • Mediated a pro-forma for Large and Small Generator Interconnection Procedures and Agreement.
  • Mediated multiparty New York City capacity dispute between generators, transmission/distribution owners and the ISO.
  • Mediated new generator name-plate certification and impact on the rest of the capacity market in New York City.
  • Mediated New England ISO enforcement and market manipulation regarding alleged tariff violations.
  • Mediated merchant transmission dispute with multiple project development site condition construction claims.
  • Mediated grid emergency/reliability preparedness dispute balancing water resources/hydroelectric operations and electric reliability under ISO tariff and business management rules.
  • Mediated dispute between financial marketing company and ISO where new credit standards were set for bilateral netting.
  • Mediated dispute between municipal utility and ISO regarding imbalance charges and re-settlement calculations.
  • Mediated multiple parties and contracts between independent power producers, transmission providers and ISO covered under Grandfathered Agreements.
  • Mediated multiple parties, transmission providers and owners and ISO over firm transmission rights, cost recovery and penalty mitigation.
  • Mediated multiple parties and cases concerning generator interconnection disputes covering alternative routes and project milestones.
  • State Court appointed master overseeing Agency proceedings concerning confidentiality questions within the Agency; and a 50 year Power Sales Agreement.
  • Regional Reliability Council mediation between a municipal owned utility and an IOU over transmission planning and capacity issues between the two providers.
  • ISO mediation between sellers and buyers in order to reduce credit risk in the rest of market.
  • Mediated alternative dispatch and scheduling dispute between municipal agency operating company and member organization.
  • Mediated dispute between municipal agency and municipal agency operating company over coal transportation and dispatch contracts
  • Mediated gas rate design and cost allocation between owners and shippers.
  • Mediated gas quality case between large group of owners and shippers.
  • Mediated hydro-power disputes between owner/operator and local, state agencies over relicensing issues including:
    • Water Rights
    • Shoreline Management
    • Metal’s testing
    • Fish cleanup