Bruce J. Barnard is Of Counsel in the Washington, D.C. office of Morrison & Foerster LLP. He has extensive experience practicing energy law, including state and federal energy regulation, energy-related transactions, and energy-related litigation. Mr. Barnard graduated from the University of Montana in 1972 and received his juris doctorate degree from the University of Montana School of Law in 1975. In 1998, Mr. Barnard retired as a lieutenant colonel after a 21-year career as an Air Force Judge Advocate (JAG), during which he practiced extensively in the areas of energy, government contracts, and litigation.

Federal Electric Utility Regulation

The primary focus of Mr. Barnard’s practice is the representation of electric utilities before the Federal Energy Regulatory Commission (FERC). Mr. Barnard has participated in all aspects of administrative proceedings before FERC involving traditional rate and licensing issues, rate tariffs, transmission tariffs, wholesale power sales, coordination agreements, requests for transmission service, and approval of mergers and acquisitions of utility assets. He has assisted in drafting transmission tariffs, power sale agreements and tariffs, interconnection agreements, and transactional agreements between utilities and obtaining FERC approval for all such transactions as well as counseling clients on such matters. Mr. Barnard has prepared comments and rehearing requests for clients in significant FERC rulemaking proceedings. He has also defended clients against allegations of anticompetitive conduct, price squeezing, predatory pricing, discriminatory pricing, open-access violation, and other compliance issues. He participated in every significant FERC case and investigation stemming from the 2000-2001 Western Energy Crisis. Mr. Barnard has also prosecuted and defended appeals of FERC administrative decisions to the D.C. Circuit. He has counseled clients on the FERC regulatory implications of mergers, acquisitions, and corporate reorganizations.

Mr. Barnard’s energy practice has resulted in significant experience before other federal forums. He has successfully obtained approval of a petition for Nuclear Regulatory Commission (NRC) approval of transfer of nuclear licenses. He has also participated in large merger and acquisition actions involving both the merger of two domestic utilities and the acquisition of a domestic public utility holding company by a foreign utility. His involvement included counseling the parties on various antitrust issues and obtaining Department of Justice consent, including Hart-Scott-Rodino Act approval for the domestic merger. With respect to the acquisition by the foreign utility, Mr. Barnard assisted in counseling the client on the proper corporate structure, including foreign utility companies (FUCOs) and exempt wholesale generators (EWGs), and drafting significant portions of a petition to the SEC for approval of the acquisition of the domestic public utility holding company and resulting worldwide corporate structure under the Public Utility Holding Company Act (PUHCA). Mr. Barnard has also counseled clients on the competitive sale of utilities services to the federal government and participation in the Department of Defense (DOD) program under which DOD is selling the utility infrastructure for electric, natural gas, water, and sewerage services on military installations. While a Judge Advocate, then-Lieutenant Colonel Barnard assisted and advised the Air Force Civil Engineering Support Agency in the development of new utility acquisition strategies, procedures, legislative initiatives, new energy resources, and the Air Force energy security program and advised senior officials of the Air Force and Department of Defense on utility and energy matters. He also served as a primary draftsman for the new Federal Acquisition Regulation (FAR) Part 41 and its accompanying DOD FAR Supplement Part 241 governing the acquisition of utility services by the federal government and DOD.

State Utility Regulation

While a Judge Advocate, then-Lieutenant Colonel Barnard was responsible for directing all aspects of the Air Force's Utility Litigation program, leading a team of five senior Air Force attorneys. He supervised all aspects of almost 100 state regulatory commission utility rate case interventions, coordinating his team’s activities with Air Force executives, sister services, and other federal agencies. As lead counsel in numerous cases, he personally represented the interests of all federal agencies as a large, industrial energy user before many state commissions. He also acted as legal advisor and chief negotiator for a multidisciplinary team set up to assist Air Force bases in negotiating with local utilities. In this role, he successfully negotiated retail electric service and conservation program contracts with many of the nation’s largest utilities.

Government Contracts and Litigation

Prior to entering private practice, Mr. Barnard served 21 years as a Judge Advocate in the United States Air Force. In that capacity, he was responsible for and supervised all Air Force aspects of the GUNSHIP litigation in the Court of Federal Claims from 1995 to 1998, which involved litigation of over $600 million of contractor claims. In concert with the Department of Justice attorney of record, he led and managed an Air Force litigation team of six Air Force attorneys, over 125 support personnel, two firms of independent expert witnesses, and a multimillion-dollar litigation budget. As lead Air Force counsel, Mr. Barnard directed the Air Force participation in preparation of pleadings, motion practice, complex discovery that included the electronic exchange of over 12 million pages of documentation, and deposition of witnesses. As trial counsel, he was responsible for defending claims under government procurement law.

Also while an Air Force attorney at the Department of Justice prior to the Gunship Litigation, he served as the Deputy Chief for the Air Force’s Peace Shield litigation. This case involved litigation of over $2 billion in contractor and government claims, making it the largest case in Air Force history. Mr. Barnard managed litigation support for over 250 depositions taken in the case, participated in the preparation of pleadings, motion practice, discovery (including numerous depositions of key witnesses), and preparation for and participation in settlement discussions.

Mr. Barnard is a member of the bars of Montana, the District of Columbia, and the United States Court of Federal Claims.

Representative Matters:

• Led and managed all Air Force aspects of the GUNSHIP litigation in the Court of Federal Claims from 1995-1998, which involved litigation of over $600 million of contractor claims.
• Served as the Deputy Chief for the Air Force's Peace Shield litigation of over $2 billion in contractor and government claims, the largest case in Air Force history.
• Successfully obtained approval of a petition for Nuclear Regulatory Commission (NRC) approval of transfer of nuclear licenses.
• Participated in large merger and acquisition actions involving both the merger of two domestic utilities and the acquisition of a domestic public utility holding company by a foreign utility.