Energy and "expert witness"

Energy Expert Witness Testimony

CRA's Energy Practice provides expert witness testimony in complex energy litigation. Market participants, government agencies, and regulators turn to our experts when they need top-tier analytical support as well as deep experience in the complex legal and regulatory environment of the power, oil, and gas industries.

Our experts are fluent in regulatory economics and have provided expert testimony in a range of regulation and litigation proceedings across the energy industry. Our extensive subject matter expertise informs the entire litigation process, from initial pleading through discovery, expert report preparation, hearings, and briefings.

Impeccable credentials

Our testifying experts include PhD economists, mathematicians and statisticians, accounting and finance professionals, and energy industry practitioners who are leading experts in their field.

Broad industry insight

We have successfully provided expert witness testimony for industry participants throughout the energy supply chain.

  • Oil and gas: Our clients include exploration and production companies, oil field service companies, midstream companies, pipelines, refiners, wholesalers, and retailers.
  • Power: Our clients include RTOs, transmission and distribution utilities, public power agencies, independent power producers, investors and lenders, competitive retail providers, trading and marketing companies, trade groups, and large end-use customers.

Superior analytics

Our comprehensive suite of commercial and proprietary models of the oil, gas, and power industries allows our experts to provide convincing expert witness testimony about the impact of events on market outcomes to support liability and damages claims or to assess changes in competitive dynamics resulting from mergers and acquisition.

Moreover, because of our direct involvement in the design and implementation of many markets around the globe, CRA brings deep insights into developing litigation strategy and credibility in testimony.

Financial expertise

When contracts are terminated and claims are asserted against collateral, energy companies face difficult valuation and ownership issues. In addition, effective evaluation of market manipulation claims requires experience with the full range of financial and physical transactions in the client’s book. CRA has vast experience in this arena, including contract and collateral valuation, and valuation and management of swaps, exotic options, long-dated derivatives, transmission rights, emission credits, and congestion rights.

Selected engagements

Complex commercial

  • In an arbitration proceeding involving electricity market participants, a CRA professional testified about contract terms relating to security provisions for repaying front-end loaded contract payments.

Industry practices

  • CRA was retained by counsel to a major pipeline operator to provide an expert report on customary industry practices as part of the defense of a breach of contract suit.
  • In a number of matters, a CRA expert provided testimony regarding credit practices in the power, natural gas, and refined products industries; power contract terms; coal supply contract terms; and damages from breaches.

Damages

  • In a suit alleging breach of a natural gas purchase contract, damages, and a loss of value counterclaim, a CRA professional provided an expert report on contract default damages and a report evaluating counterclaims.
  • A CRA professional, on behalf of the defendant, prepared an expert report on damages from a breach of contract suit involving coal supply contracts and credit practices. The parties involved were a regional utility company and a national energy trading company. The client ultimately received full value for its counterclaim.

Bankruptcy litigation

  • CRA professionals were engaged by counsel to the trustee of the estate of a refining company based in San Antonio, Texas, to perform solvency analyses, an expert witness report, and testimony in connection with a review of pre-petition distributions made to company insiders.
  • CRA professionals were engaged by counsel to Seven Seas Petroleum to provide financial and restructuring analysis, valuation, expert witness reports, and trial testimony about the solvency of the debtor.
  • CRA professionals were retained to evaluate the solvency of a cotton trading company and identify if it was insolvent during certain periods.
  • CRA professionals were engaged by counsel to an international integrated oil company to provide advisory services with regard to the proper evaluation of alleged preference payments in the context of recovery litigation.

Regulatory proceedings

  • A CRA professional, on behalf of the owner of a proposed LNG terminal, testified before FERC with respect to market power relating to the terminal and associated gas transmission. Relying substantially on his testimony, FERC concluded that such terminals generically should be treated as equivalent to wellhead gas and hence should not be price regulated.
  • For two gas distribution utilities with overlapping franchise areas, a CRA professional testified concerning the impact of a proposed merger on competition on the combined company’s ability to serve customers and whether the loss of such competition was in the public interest.
  • CRA professionals prepared an expert report on the effects of proposed LNG exports on the domestic (US) market for natural gas on behalf of a global buyer with major operations in the US.