TO: Board of Supervisors
FROM: Sheryl D. Bratton, County Counsel
REPORT BY: Thomas C. Zeleny, Chief Deputy
SUBJECT: Amendment No. 6 to Agreement No. 190183B with Downey Brand, LLP for legal services related to the California Public Utilities Commission
RECOMMENDATION
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Approve and authorize Amendment No. 6 to Agreement No. 190183B with the law firm of Downey Brand, LLP to extend the term to June 30, 2026, for legal services and representation at the California Public Utilities Commission (CPUC). (Fiscal Impact: up to $75,000/year expense; General Fund, County Counsel; Budgeted; Discretionary) [4/5 vote required]
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BACKGROUND
Attorney Megan Somogyi has represented Napa County jointly with other public agencies at the CPUC since 2018. She is with the law firm of Downey Brand, LLP, but was with the law firm of Goodin, MacBride, Squeri & Day, LLP when first retained by the County. Goodin’s CPUC regulatory group moved to Downey Brand in 2021. Ms. Somogyi’s representation relates primarily to CPUC proceedings involving Pacific Gas & Electric Company, including wildfire mitigation plans, public safety power shutoffs, “fast-trip” devices, microgrids and resiliency strategies, and related CPUC investigations. Ms. Somogyi jointly represents Napa County and anywhere from two to ten other public agencies (depending on the proceeding) at the CPUC. This reduces the County’s cost of legal representation by splitting her cost with the other public agencies.
The Agreement with Downey Brand is scheduled to expire on June 30, 2024. Amendment No. 6 will extend the Agreement to June 30, 2026, and update their fee schedule. The maximum annual compensation under the Agreement will remain at $75,000 per year. The firm billed Napa County $22,613 in Fiscal Year 2022-2023 and $10,065 this fiscal year to date.
In the last two years, Ms. Somogyi successfully recovered $88,837.85 for the County through the CPUC, representing some of the County’s cost of participating in CPUC wildfire-related proceedings. This was paid to the County by electric utility companies. This historic determination reversed decades of CPUC precedent that found local governments were categorically ineligible for reimbursement. Ms. Somogyi provides valuable assistance to the County Counsel’s Office, serving as our “eyes and ears” at the CPUC and alerting us to proceedings that could affect Napa County and its residents.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
Yes |
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Is it currently budgeted? |
Yes |
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Where is it budgeted? |
County Counsel |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Ms. Somogyi engages almost entirely in the practice of law before the CPUC and has demonstrated success and experience in that arena. |
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Is the general fund affected? |
Yes |
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Future fiscal impact: |
Funds will be appropriated in future years if needed. |
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Consequences if not approved: |
Legal services in the CPUC proceedings would be provided by County Counsel staff. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of Regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.