Curriculum Vitae: Steven A. Shapiro, Esq.

Steven Shapiro, President, Resolution Matters

Mr. Shapiro provides mediation, arbitration, and other alternative problem solving solutions to entities conducting business in the national energy markets such as investor owned corporations, RTO and ISO’s, Municipal Corporations, Electric Cooperatives, Natural Gas Corporations, Hydropower Facilities, State Public Service Commissions, other State Court matters, and private energy concerns with contract/commercial disputes. He is admitted to practice law in Maryland and the District of Columbia. He is a member of the State Bar of Maryland.

  • Hearing Officer – Mr. Shapiro is a Hearing Officer for the Southeast Reliability Council, the Reliability First Corporation, and the Midwest Reliability Organization. In this capacity he hears and resolves compliance and enforcement matters that are subject to review by the Electric Reliability Organization and the Federal Energy Regulatory Commission.
  • Arbitrator and Mediator — Mr. Shapiro is a member of the American Arbitration Association Roster of Commercial Mediators and Arbitrators and member of the International Center for Conflict Prevention and Resolution (CPR) roster of mediators.
  • Settlement Master — Mr. Shapiro is certified as a civil mediator by the Circuit Courts throughout the State of Maryland where he has mediated over 500 cases.

Employment Experience

Counsel and Representative to Abengoa Solar, Inc. — January 2008 to present

Advise this Spanish Utility on critical energy infrastructure matters including Interconnection Rules, Open Access, and Reliability/Compliance responsibilities.

Settlement Counsel/Mediator-Federal Energy Regulatory Commission — 1997-2007

Dispute Resolution Specialist providing expert analysis of filed complaints and pleadings at the Commission to determine Alternative Dispute Resolution appropriateness. Provided confidential consultation with party complainant and respondent discussing benefits and risks of proceeding through a negotiated or ADR proceeding. Worked with parties to establish the ADR process, the rules regarding confidentiality, and the final agenda parties would rely on in preparing for the ADR proceeding. Often selected as the neutral and served on over 75 matters pending before the Commission. Other project for the FERC included:

  • Lectured and trained hundreds of federal government employees on the benefits of principal based negotiation and alternative dispute resolution settlement techniques;
  • Trained FERC’s Office of Enforcement on Interest Based Negotiation principles; and
  • Trained FERC’s Office of Energy Projects in mediation and negotiation.
  • FERC representative and project leader on the Energy Forum Study and Report on Effective Use of Dispute Resolution in Energy Transactions. Worked with stakeholders from federal and state agencies, industry representatives from all sectors of the energy field, ADR provider organizations, and the bar. The Study provided a series of recommendations companies and agencies can use to reach better decisions through collaborative means and other forms of alternative dispute resolution.

Attorney Advisor/Contracting Officer, Federal Energy Regulatory Commission — 1990-1997

During Mr. Shapiro’s tenure at the Commission he also served as an Attorney Advisor in the Office of Administrative Litigation and a Contracts Counsel/Contracting Officer in the Executive Director’s Office.

Assistant General Counsel-General Telephone and Electronics — 1984 to 1990

Responsible for US Army Telecom contracts for the Mid-Atlantic and Southeastern Regions of the US. Negotiated and administered billions of dollars worth of Department of Defense contracts that included negotiating claims with the Department of the Army valued at over $100M, and bidding and winning of telecom contracts for switch and plant replacement at various Air Force Bases across the U.S.

Lecturer

  • Guest Lecturer and Professor, the National Law Center, George Washington University, on : Principled Based Negotiations, Mediator Ethics and Confidentiality, and Multiparty Mediation.
  • Guest Lecturer, The Catholic University Law School, ADR Business Class.
  • Faculty - Executive Training Center, US Office of Personnel Management, Multiparty Mediation- and Negotiated Rulemaking

Education and Training

Adelphi University, Bachelor of Business Administration –1979

Antioch University School of Law – J.D. 1983

George Washington University Law Center – Post Graduate Law Classes – Government Contract Law - 1986 to 1988

The Center for Dispute Settlement, Mediation and Advanced Mediation Training - 1993 to 1994

Institute for the Study of Conflict Transformation – Advanced Training - 1997 to 1999

Harvard Law School, Advanced Mediation and Negotiation Training - 2000 and 2003

CDR Associates – multiparty mediation and public policy facilitation - 2002

New York Stock Exchange — Arbitration Training - 2004

National Arbitration Forum – Arbitration Training - 2005

Construction Dispute Resolution Services – Arbitration Training - 2007

American Arbitration Association Arbitration Training - 2008

Memberships

  • Admitted to practice law before the highest courts in the State of Maryland, the District of Columbia and the Supreme Court of the United States;
  • The Energy Bar Association, Chairman, Alternative Dispute Resolution Committee 2005-2007, presently member ADR Committee;
  • The Maryland State Bar Association, Chairman Elect and Council Member, Dispute Resolution Section;
  • American Bar Association, Co-Chairman, Committee, on Federal ADR Confidentiality and Collaboration and Consensus Building.

Representative Case Experience

New York Independent System Operator, Astoria Energy LLC, and KeySpan Ravenswood LLC — multiparty mediation concerning nameplate certification of a new 550 MW facility and its actual capability day one of operation. All issues resolved.

Minnesota Municipal Power Administration and Shackopee Public Utility Commission — Minnesota State Court matter concerning methodology for releasing internal confidential information which was prescribed by State statute. All issues resolved.

Southern Minnesota Municipal Power Agency and Rochester Public Utility — State Court Mediation involving dispute over 50 year Power Sales Agreement. Matter still pending.

PJM Reliability Pricing Model — co-mediated 65 plus parties to establish a new capacity market for the PJM Region. This entailed a five month intensive process working with Generators and Large Investor Owned Utilities on one side with State Governments, Cooperatives, Municipalities, and Industrials on the other. Partial settlement was reached establishing a capacity market, auction mechanism, and fixed resource requirements.

Large Generator Interconnection Agreement — Facilitated industry-wide Negotiated Rulemaking establishing the basic template and procedures for Large Generating projects to interconnect to the electric grid. This was an intensive five-month program involving over a hundred parties, State Commissions and Commission staff. The result was a pro forma agreement that Federal Energy Regulatory Commission now uses for all interconnection agreements nation-wide.

Spectra Energy-Algonquin Gas Company and NStar — multiparty case involving DOT’s Pipeline Integrity Inspection Act and a single pipeline serving the City of Cambridge. In order to avoid shut down of the pipeline system during testing NStar may have been required to provide up to 50 LNG tankers per day to maintain fuel supply. Settlement avoided this alternative and arranged for a loop to be installed providing firm gas transportation. Parties involved Harvard University, MIT, City of Cambridge, NStar Electric Corporation, Algonquin Natural Gas Pipeline Company, MIRANT, and others.

New York Independent System Operator, KeySpan - Ravenswood, LLC and Consolidated Edison Corp. — multiparty mediation that resolved a remand matter concerning the summer 2002 New York City capacity market which resulted from a misinterpretation of the ICAP capacity tariff formula. This case also involved 12 other electric utilities providing distribution services in the New York City area.

New England Independent System Operator and Massachusetts Wholesale Electric Corporation — Multi-party matter that resolved complaint alleging market manipulation during the August 2006 heat wave in New England. Secondary issue was also resolved which permitted the question of a proposed balancing formula to be vetted through the NEPOOL Stakeholder process.

Long Island Power Authority and Cross Sound Cable — worked with the companies to settle substantial delay claims tied to State of Connecticut environmental issues and Department of Energy Declared National Emergency Orders in New York State.

California Independent System Operator and California Department of Water Resources — Case involved emergency scheduling of California Hydro projects in support of emergency grid operations. Ninth Circuit Case remanded to FERC. Workout balanced curtailment needs of major hydro-operations and grid reliability requirements.

New York Independent System Operator and Strategic Energy — Bilateral Netting concerning market traders ability to enter the bilateral market without having to post collateral on both ends of the transaction.

City of Sioux Falls — Xcel Energy, Inc., and Midwest Independent Transmission System Operator — Multiparty matter involving Grandfathered Contracts granting special treatment under MISO Tariff and Business Rules, but not necessarily for new service. The parties worked out a modified Interconnection Agreement between City of Sioux Falls and Xcel.

Midwest Independent Transmission System Operator and Michigan Public Power Administration — worked out resettlement of imbalance in scheduling charges.

Wisconsin Public Service — Xcel Energy, Inc., and Midwest Independent Transmission System Operator — Multiparty matter that involved working out FTR allocations through a series of capacity transfers. This was caused by partial path transmission service between WPS and Xcel and disagreements over the source and sync. Issues originated in the DC Circuit and were remanded to FERC. Settlement resolved all issues.

Longview Power and Allegheny Power — Case involved a generator interconnection matter with allegations of obstruction by the Transmission Provider to make accommodations under their OATT. The work out involved permitting the generator to interconnect through an alternative route and had PJM participate in the final agreement.

CPV Power, Tenaska and Dominion Power — Generator Interconnection case concerning the power supplier falling behind in their schedule. Competitor in the queue pushed the Transmission Provider to cancel the IA because of alleged defaults. Revised Interconnection Agreement was negotiated ultimately not to the benefit of the competitor, but with enough built in milestones that their protest was weakened and not upheld.

Minnesota Municipal Power Administration — Southern Minnesota Municipal Power Agency – Xcel Energy, Inc., and Rochester Public Utility – dispatch and scheduling dispute under power sales agreement. Agreement called for alternative dispatch and routing, thus eliminating losses.

Minnesota Municipal Power Administration and Rochester Public Utility — Dispute arose over Rochester’s concern with scheduling and delivery of coal during the winter months. Workout solution called for ongoing communication and parameters for order, delivery and storage of coal. Also resolved long-standing personnel dispute between two feuding business executives from each side.

Conoco-Phillips, Flint Hills, Enbridge Oil and the Canadian Association of Petroleum Producers (CAPP) — contested settlement concerning rate design and cost allocation.

Eighty-Eight Oil and Tesoro — Abandonment issue and possible buy-out of old pipeline. Case involved two competing pipelines. Case involved working with the pipelines to review alternatives ranging from buy-out options to exchanges for crude at mutually convenient locations.

Toca Producers and Southern Natural Gas — multiparty mediating gas quality matter involving Southern Pipeline Co., the Toca Producers consisting of Shell Oil, Chevron, Texaco, Conoco-Phillips, and Southern’s Customers consisting of local townships located in the southeast U.S. Concerned customers focused on inordinate gas prices for one day and restrictions on plastics manufacturing to keep prices in check.

Greenbrier and Dominion Power — Multiple cities in southern Virginia challenged citizen disputes over gas certification process.

Augusta Canal — Multiparty contested licensing matter between industrials, resource agencies and the City of Augusta, the Licensee, over water rights issues. Mitigation alternatives were worked out between the Licensee and the Agencies.

Grand River Dam Authority — Mediated a multiparty compliance matter and re-licensing of two projects in northeastern Oklahoma (Pensacola and Markham Ferry). Work out included a substantial mitigation package provided by the Authority.

Southern California Edison — Mediated a multiparty water rights issue involving three hydro projects in southern California (Santa Ana, Mill Creek and Lytle). One hundred year contracts were in question granting water rights to the Water Districts, which were competing interests with the Agency interests under the National Environmental Policy Act. Two of the three projects settled containing substantial mitigation packages; the third project was awarded its license based on the recommended term of settlement - after protest.

Toledo Bend — Multiparty matter involving flood control issues following major property losses and deaths due to a flood event. Supported the parties in working out interim protocols for communication and a process to implement emergency preparedness measures.