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Tom Anson

Member
Office

Austin

720 Brazos Street
Suite 700
Austin, TX 78701
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Fax: 512.536.5718
Education
J.D., with Honors, University of Texas School of Law, Austin, Texas, 1980, Order of the Coif; Note Editor, Texas Law Review
B.S., Oklahoma State University-Main Campus, Stillwater, Oklahoma, 1977
State Bar Licenses
Texas
Court Admissions
U.S. Court of Appeals, 5th Circuit

Tom Anson

Member

Tom Anson's regulatory and administrative law practice spans well over three decades. He studied regulated industries and energy law in law school, and upon graduation clerked for Judge Sam Johnson of the U.S. Court of Appeals for the Fifth Circuit (who served on the "Gas Panel" which reviews decisions of the Federal Energy Regulatory Commission). Tom's primary area of practice is state and federal energy and utility law. This involves regulatory, contract, financial, administrative, and litigation matters for the electric, oil and gas, and other infrastruture industries, including matters before the Public Utility Commission of Texas, the Railroad Commission of Texas, the Federal Energy Regulatory Commission, and the courts. His practice also involves other areas of administrative and governmental law, including assistance on contracts for the procurement of certain goods and services by governmental bodies, such as by municipal entities. Representative energy and utility clients include independent power producers, wind generators, electric transmission service providers, electric power aggregation, gas and other pipeline companies, municipally-owned gas and electric utilities, rural electric cooperatives, industrial customers, commercial businesses, and lenders or investors in the energy and utility industries.

EXPERIENCE

LITIGATION

  • Successfully defended a municipal electric and gas utility in a series of state and federal court lawsuits that attempted to wrest utility management and control away from its independent board of trustees.
  • Successfully defended a gas pipeline company in a regulatory dispute with another gas pipeline company over "ratable take" priority flow-through before the Railroad Commission of Texas.
  • Successfully defended a gas pipeline company in a regulatory dispute over its status as exempt from gas utility regulation before the Railroad Commission of Texas.
  • Successfully defended a gas pipeline company against another gas pipeline company's attempt to increase its transportation rate at the Railroad Commission of Texas.
  • Obtained a favorable settlement for a gas producer after presenting oral argument in federal appellate court despite a district court take-nothing judgment in a gas purchase contract pricing dispute.
  • Obtained a favorable settlement for a gas gatherer after presenting oral argument in federal appellate court in a gas processing contract termination dispute.
  • Advised on Railroad Commission of Texas and oil and gas issues that assisted in the successful resolution of court litigation over natural gas storage assets.
  • Advised on wholesale water rate issues that assisted in the successful resolution of litigation before the Texas Commission on Environmental Quality.
  • Successfully obtained a protested acid gas injection permit in litigation before the Railroad Commission of Texas.
  • Obtained favorable resolution of a Public Utility Commission of Texas enforcement action.
  • Obtained favorable resolution of compliance disputes with the Texas Reliability Entity and the Electric Reliabiity Council of Texas.
  • Successfully defended landowner interests on electric transmission line routing issues at the Public Utility Commission of Texas.
  • Successfully obtained a declaratory order of the Public Utility Commission on certain renewable energy credit issues.
  • Obtained for a telecommunication carrier a federal district court judgment reversing a regulatory ruling of the Public Utility Commission of Texas, and obtained an affirmance of that judgment by the appeals court in what became the leading case on the issue.
  • Obtained for a telecommunication carrier a federal district court judgment invalidating on federal preemption grounds a telecommunications regulation of the Public Utility Commission of Texas, and obtained an affirmance of that judgment by the appeals court.
  • Successfully opposed for a telecommunications carrier a competitor's regulatory plan before the Public Utility Commission of Texas.
  • Successfully served as mediator in resolving energy disputes.
  • Provided expert witness testimony on natural gas regulation in an energy arbitration.

NON-LITIGATION

  • Acting as lenders' or investors' local counsel on regulatory and related Texas issues involved in various financial transactions, such as wind farms, other generation facilities, and new electric transmission lines located in Texas.
  • Negotiation of various wholesale electric power supply and related agreements, retail electric power supply agreements, and electric aggregation agreements.
  • Negotiation and preparation of retail electric supply and related agreements for large loads with unusual usage characteristics.
  • Consultations with clients regarding the interpretation of various electric and gas supply and transportation agreements.
  • Consultations with clients regarding various electric, gas, and other regulatory requirements.
  • Assisting clients on agency rulemakings.
  • Assisting clients on various utility ratemaking and tariff matters.
  • Handling various uncontested approval or other regulatory matters.
  • Consultations with clients regarding the interpretation and application of various electric, gas, and other regulatory requirements to their business organizations and operations.
  • Assist clients with various regulatory authorization and compliance filings.

Tom has prepared articles and spoken on a variety of topics for the Dallas Electric Club, the Gulf Coast Power Association regional conferences, the State Bar of Texas' Advanced Administrative Law Course, and the Texas Law Review, among others. 

Awards/Achievements
Named among Best Lawyers in America - Energy Regulatory Law by Best Lawyers (2016-2018)
Named Texas Super Lawyer in Energy & Natural Resources by Thomson Reuters (2012, 2017)
Memberships
American Bar Association, Public Utility, Communications, Transportation Law Section, Environment, Energy, and Resources Law Section
State Bar of Texas, Public Utility Law Section, Administrative and Public Law Section
Austin Bar Association, Administrative Law Section, former President and holder of other officer positions, Oil, Gas, and Mineral Law Section, Appellate Law Section, Civil Litigation Section
Energy Bar Association, Member
Gulf Coast Power Association, Board of Directors Member, Former President