Geoffrey Gay receives Glink Private Practice Local Government Attorney Award

CHICAGO -- In a ceremony held September 13 at the Chicago Hilton in Chicago, Illinois, the International Municipal Lawyers Association (IMLA) awarded the Marvin J. Glink Private Practice Local Government Attorney Award at the 76th Annual Conference to Geoffrey Gay of Austin, Texas.


Award recipient Geoffrey Gay

This award was established to honor the memory of a longtime IMLA member, Marvin J. Glink. It recognizes a private practitioner who, as part of a private practice, represents a local government and who exhibits those qualities that made Marvin Glink one of the truly remarkable lawyers working on behalf of public clients. In addition to the traditional qualities of excellence in the practice of law, the award seeks to recognize a practitioner who has provided outstanding service to the public, and who possesses an exemplary reputation in the legal community, the highest of ethical standards, and who is devoted to mentoring young lawyers and educating lawyers in local government law.

Geoffrey is the Principal and Chair of the Energy and Utility Practice Group for Lloyd Gosselink Rochelle and Townsend. He is an active local government practitioner and serves as the General Counsel for the Texas Coalition for Affordable Power, the Atmos Cities Steering Committee and the Oncor Cities Steering Committee. His nominator stated, “Geoff is an unbelievably effective negotiator and creative strategist. His efforts have saved Texas cities millions of dollars annually. In addition, Geoff and his firm go the extra mile to provide the assistance necessary to help city officials become more persuasive advocates for the interests of cities and the public.”

Founded in 1935, the International Municipal Lawyers Association (IMLA) is a nonprofit, nonpartisan organization consisting of approximately 3000 local governments and attorneys throughout the United States and Canada. IMLA provides a wide range of services and programs to its membership, including comprehensive educational programs, legal research, professional publications and legal advocacy on behalf of its members in the United States Supreme Court, as well as federal and state appellate courts.

Independent Market Monitor Issues 2010 State Of The Market Report

In August, the Independent Market Monitor (“IMM”) – a position intended to be a wholesale market watchdog and created by law in 2005 – issued its annual State of the Market Report for 2010. This year’s report was unusual in that it addressed the final year of operations under the old, zonal market design. Thus, the report highlighted inefficiencies and other issues with that market design that will not recur in future years, since in late 2010 the market transitioned to a nodal system.

The 2010 State of the Market Report contains comparative
 data on wholesale market prices for each of ERCOT's four
zones, and ERCOT as a whole. As this table illustrates, prices
increased in all zones from 2009 to 2010. Note the extraordinary
prices of 2008 -- they resulted from very high natural gas prices
and congestion on the grid, resulting in especially high prices
in the North, South, and Houston zones.

However, the report is notable for its conclusion that wholesale energy prices increased on average in 2010, going from $34.03 per MWh in 2009 to $39.40 per MWh on a load-weighted average basis. The report attributes a 16% increase in natural gas prices for much of this increase.

Despite this general price increase, the IMM again argues that wholesale prices in ERCOT are too low, and have been sufficient to support new investment in power plants in only one the last four years. That year was 2008, a year in which, as the report admits, ERCOT suffered from high prices resulting from inefficient congestion management between the North, South, and Houston zones. The experience of that summer, in which prices neared $4,000 per MWh at times and caused the default of a number of Retail Electric Providers (“REPs”) should in no way be viewed as any kind of “success” for the market.

Additionally, the report again concludes that the ERCOT wholesale market performed competitively in 2010, with no evidence that generators were withholding power or engaging in similar manipulative behavior.

-- Chris Brewster