Gregory B. Monson
Greg Monson represents electricity, natural gas and telecommunications providers before the Public Service Commission of Utah, other state public utility commissions, the Utah State Tax Commission, and other state and local government agencies. Greg has also represented clients, including an interstate pipeline, before various national and international regulatory agencies, including FERC and the National Energy Board of Canada. Greg has represented clients in commercial litigation in state and federal courts and in bankruptcy matters. He has submitted briefs to the Utah Supreme Court, the U.S. Courts of Appeals for the Ninth and Tenth Circuits, and the U.S. Supreme Court and has presented oral argument to the Utah Supreme Court and the U.S. Courts of Appeals for the Ninth and Tenth Circuits.
Regulatory Project Approvals/Permitting
- Represented PacifiCorp before the Utah Public Service Commission in its successful request for waiver of the solicitation process and approval of its acquisition of the 500 MW natural gas fired Chehalis generation plant in Lewis County, Washington.
- Represented PacifiCorp in its request for approval of construction and operation of the 600 MW natural gas fired Lake Side 2 generation plant adjacent to the existing Lake Side plant in Utah County, Utah. This request was later voluntarily withdrawn as a result of changing economic conditions.
- Represented PacifiCorp before the Utah Electrical Facility Review Board in successfully overriding a municipality's denial of a conditional use permit for a distribution substation.
- Represented PacifiCorp in various applications before county and municipal planning commissions and related litigation regarding proposed requirements that transmission lines be installed underground.
Rate and Related Regulatory Cases
- Represented Questar Gas Company in its most recent general rate case before the Utah Public Service Commission.
- Represented PacifiCorp in proceedings before the Utah Public Service Commission regarding test period for general rate cases, application for approval of energy cost adjustment mechanism, request for determination of dispute regarding service area with municipal utility and deferred accounting orders.
- Represented Questar Gas Company in gaining approval of the Utah Public Service Commission of rate recovery of costs incurred in processing coal bed methane to remove carbon dioxide to make the gas compatible with customer appliances during a transition period. Earlier approval by the PSC had been reversed by the Utah Supreme Court based on a finding that the Company had not established that its decision to process the gas was prudent. We were retained following the Supreme Court decision and assisted the Company in a new application to the PSC to establish the prudence of the processing costs given current market conditions. We represented Questar Gas in its successful defense of PSC approval in a further appeal to the Utah Supreme Court.
- Represented Questar Gas Company in its application to the Utah Public Service Commission to implement revenue decoupling in a three-year pilot program. Under the program, Questar Gas is promoting customer conservation through a variety of Demand Side Management programs.
- Represented U S WEST Communications, Inc. in proceeding before Utah Public Service Commission for refund of rates paid based on a claim that the Company earned in excess of its allowed rate of return on equity.
- Represented PacifiCorp and Qwest Corporation in proceedings before the Utah Public Service Commission to determine depreciation rates.
- Represented Qwest Corporation in a general rate case before the New Mexico Public Regulation Commission.
- Represented PacifiCorp in an attempted class action before the Utah Public Service Commission arising out of a prolonged and widespread outage caused by a severe winter storm.
- Represented Qwest Corporation in an attempted class action before the Utah Public Service Commission claiming all ratepayers were entitled to a refund based on property taxes refunded to the Company following appeals of tax assessments to the Utah State Tax Commission. Obtained summary judgment for client.
Mergers and Reorganizations
- Represented U S WEST Communications, Inc. in proceeding before the Utah Public Service Commission for approval of merger with Qwest Communications International Inc.
- Represented U S WEST Communications, Inc. in proceeding before the Utah Public Service Commission for approval of sale of directory publishing business to Dex.
- Represented PacifiCorp in proceeding before the Utah Public Service Commission for approval of merger with Utah Power & Light Company.
- Represented Mountain Fuel Supply Company in proceeding before the Utah Public Service Commission and related appeals and litigation related to transfer of oil and gas exploration functions to unregulated affiliates.
Other Telecommunications Cases
- Represented Qwest Corporation in interconnection agreement arbitrations in Arizona, Colorado, New Mexico, Oregon and Utah, and appeals of decisions to federal district courts in Arizona and Oregon and further appeals to Ninth Circuit.
- Represented U S WEST Communications, Inc. and Qwest Corporation in cost dockets to determine total element long-run incremental cost (TELRIC) rates in Utah.
- Represented U S WEST Communications, Inc. and Qwest Corporation in deregulation proceedings in Utah.
- Represented U S WEST Communications, Inc. and Qwest Corporation in complaint proceedings involving data traffic delivered to Internet service providers (ISP).
- Represented PacifiCorp, Questar Gas Company, Qwest Corporation and U S WEST Communications, Inc. in drafting legislation dealing with utility siting, utility regulation and telecommunications deregulation.
Professional Honors & Activities
- Listed in Best Lawyers in America® (currently: Communications Law, Energy Law), every year since the inception of the publication
- Listed in the 2011 Utah Business "Legal Elite"
- Listed in Mountain States Super Lawyers®, 2007
- AV Preeminent Peer Review Rated with Martindale-Hubbell®
- Member, American Bar Association, Administrative Law and Regulatory Practice and Public Utility, Communications and Transportation Law Sections, 1983-2009
- Member, Utah State Bar, Administrative Practice Section, 1986-2009
- Energy and Natural Resources Section, 1979-1986
- Law and Justice Center Fund Raising, 1985-1986
- Public Relations Committee, 1979-1980
- Young Lawyer Association Compensation Survey, 1979-1980
- Boy Scouts of America – Chartered Organization Representative, 2004–2006, Zone Commissioner, 1989-1991, chairman, Sustaining Member Zone, 1990, 1991, chairman, Varsity Committee, 1990-1991, Troop Committee, 1991-1994, 2004-2006, 2008-2009
- Finance Committee, Salt Palace Expansion Task Force, 1989
- Harvard Law School, J.D., 1975
- Harvard Business School, M.B.A., 1975
- University of Utah, B.S., 1971, magna cum laude
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- U.S. Courts of Appeals for the Ninth and Tenth Circuits
- U.S. Supreme Court