Preparing Expert Witnesses for Public Utility Hearings

August 6-7, 2024 | Online :: Central Time

0824-witness-preparation

“This was the most impactful Utility training I’ve attended in 7 years.” Senior Director of Financial Planning and Analysis, Chesapeake Utilities

“Engaging and effective!” Public Advocate Utility Analyst, Alaska Regulatory Affairs and Public Advocacy 

“Very personable, made the material palatable and engaging, lots of experience with the subject matter, competent instructor, really enjoyed the class.” Analyst, FERC 

The Preparing Expert Witnesses course for Energy Industry Hearings is designed to improve the effectiveness of witnesses as they prepare and serve as experts in rate cases and other associated energy industry testimony. The course is organized in two distinct areas: preparing and serving as an expert during the administrative process and learning how to be an effective witness during associated hearings.

During the first portion of the course, participants will consider the rate case and other administrative processes, learn the nuances of preparing and designing successful pre-filed testimony based on their specific area of expertise, and acquire skills in writing persuasive questions and answers for submittal. Additionally, initial steps in preparing effective hearing testimony will be reviewed. The second portion of the course concentrates on being an effective expert witness in hearing testimony. Instruction will be provided on the following topics:

• how to approach direct and cross-examination
• the finer points of persuasive verbal communication
• potential pitfalls of detrimental and ineffectual non-verbal communications

The course is interactive and will conclude with a mock hearing exercises via Microsoft Teams. During the exercises, participants will establish skills and experience with expert witness responsibilities throughout the administrative hearing procedure, for both in-person and virtual testimony. This session will be facilitated by the Honorable Dr. Branko Terzic, who brings decades of experience in presenting expert testimony before various regulatory bodies, including state public service commissions, courts, and legislative committees. With a distinguished career spanning roles such as Commissioner on the U.S. Federal Energy Regulatory Commission (FERC) and Chairman of the State of Wisconsin Racing Board, Dr. Terzic offers invaluable insights and personal feedback to course participants based on his extensive expertise in the energy industry and regulatory affairs.

Learning Outcomes

• Discuss the rate case process and major components
• Identify three elements of expert witness professional ethics and/or standards
• Describe how to properly prepare for pre-filing testimony
• Identify important elements of effective pre-filing testimony
• Describe important elements in writing effective pre-filing questions
• Describe important elements in writing effective pre-filing answers
• Discuss strategies useful in converting written into verbal testimony for hearings
• Explain two effective persuasion techniques
• Name three important considerations when describing credentials verbally
• Discuss methods to prevent attacks on an expert witnesses’ credibility
• Recognize the difference between direct examination and cross-examination at a hearing
• State the role of the administrative law judge
• Name two pitfalls to avoid when interacting with opposing counsel
• Identify important considerations in expert witness testimony at hearings
• Describe the difference between verbal and non-verbal communication
• List three goals of opposing counsel during cross-examination
• Name three methods for responding to difficult questions in hearing testimony
• State three rights of witnesses

 

Tuesday, August 6, 2024 : Central Time

Introduction

• Course overview
• Discussion of prior experience with regulated rate cases, perceptions and common misnomers

Rules and Procedures for Rate Cases and Rate Case Filings

• Standard rules
• Requirements for filing
• Rate case procedures
  • Task distribution
  • Pre-filed testimony
  • Hearing processes
• Case Law Examples

Rate Case Preparation

• Process overview
• Successful case and team management
• Strategy development
• Examples variable requirements for PUC/PSC
• Doing the essential homework
• A framework for assessing internal strengths and weaknesses of the case

The Dynamics of Expert Witnessing: Professional Ethics, Standards and Strategic Planning

• Professional ethics and standards
• Interfacing with counsel
• Interfacing with other professionals and staff
• Understanding your role on the team
• Dealing with public and media inquiries
• Treatment of confidential information

Morning Break (15 minutes)

Strategies for Expert Witnesses in Pre-filing Testimony

• Understanding the strategy and goals of the utility
• Determining your objective
• Planning with other PUC experts and staff coordination
• Gathering supporting documentation and evidence
• Considering time allotment and organization
• Budget considerations

Introduction to Group Exercise

• Overview of mock hearing exercise
• Review and discussion of Case Study
• Assignment of roles

Lunch Break

Preparing Pre-filed Testimony

• Techniques to more persuasively explain your credentials
  • Knowledge/Skill
  • Experience
  • Training/Education
• Know your audience
• Determining what information needs to be addressed
• Consideration of the layout of testimony – sequence
• Writing a meaningful question to support your case and expert opinion
• Writing a clear, concise, and meaningful answer to support your case
• Improving credibility of positions

Pre-filed Testimony Writing Exercise

In this exercise, every participant will craft and deliver a concise direct testimony. This testimony should span either one paragraph or one page, depending on the preference, and must be grounded in their credentials and the expert witness scenario they’re preparing to address.

Afternoon Break (15 minutes)

Group Review of Written Testimony

Questions and Wrap-up

 

Wednesday, August 7, 2024 : Central Time

Introduction and Executive Summary of Persuasion Techniques for Expert Witnesses

• Creating and using powerful, memorable language and analogies
• Coaching and teaching hearing participants
• Converting and communicating essential information from written testimony into oral testimony

Describing Your Credentials in a Verbal Format

• Stating critical elements
• Leaving out non-essentials
• Confidence without boastfulness
• Group exercise

The Dynamics of Hearings:  Direct Examination and Cross-Examination

• How hearings are conducted
• Creating a professional appearance
• The principles of direct examination
• The principles of cross-examination

Morning Break (15 minutes)

Protecting Yourself from Attacks on your Credibility and Credentials

• Considering potential weaknesses
• Preparing for the rebuttal
• Learning how not to appear defensive
• Making a reasonable correction or addition

Bonding with the Administrative Law Judge

• The role of the Administrative Law Judge (ALJ)
• How to address and speak to the Administrative Law Judge
• What to expect in communicating to the ALJ
• Pitfalls to avoid

Developing a Productive Interaction with Opposing Counsel

• The role of opposing counsel
• What to expect from opposing counsel
• Establishing the right relationship
• What to expect in communicating with opposing counsel
• Pitfalls to avoid

Lunch Break

Basic Considerations in Expert Witness Testimony

• Resisting memorizing or rehearsing testimony
• Listening to the question
• Answering only the questions asked
• Resisting interrupting
• Building trust, likability, and honesty
• Resisting argumentation and frustration

Subjective Reactions and Effective Verbal Communications

• Tone
• Mannerisms
• Confidence
• Authority
• Understandability
• Memorability

Effective Nonverbal Behavior and Communication

• Attire
• Facial expressions
• Eye contact
• Posture
• Head and body movements

Overcoming:

• Shyness
• Nervousness
• Impatience
• Simple annoyance
• Arrogance
• Hostility
• Condescendence
• Sarcasm

Special Considerations in Hearing Testimony

• Forming airtight opinions
• Staying ahead of counsel during cross-examination
• Answering difficult questions
• Establishing responses in known problem areas
• Knowing your rights as a witness
  • Protecting testimony from becoming distorted or mischaracterized
  • Avoiding testimony from becoming interrupted
  • Appropriateness in refusing to answer a question

Afternoon Break (15 minutes)

Mock Hearing Exercise

Participants will simulate real-world scenarios, presenting and defending expert testimony related to utility regulations and practices in a legal setting.

Course Wrap–up

Dr. Branko Terzic

Branko Terzic is currently a Distinguished Fellow at the Council on Competitiveness and a Senior Fellow at the Atlantic Council’s Global Energy Center.

Dr. Terzic has presented expert testimony before state public service commissions, courts, committees of state legislators, and committees of the U.S. Senate and House of Representatives. He has examined experts and their testimony during over a decade of service on three regulatory agencies: as Commissioner on the U.S. Federal Energy Regulatory Commission (FERC), Commissioner on the State of Wisconsin Public Service Commission and Chairman of the State of Wisconsin Racing Board.

Terzic also served on the President’s National Petroleum Council and National Coal Council and is former Chairman of the United Nations Economic Commission for Europe Ad Hoc Group of Experts on Cleaner Electricity Production.  In the energy industry, Terzic has been Chairman, President and CEO of Yankee Energy System, Inc.; Regulatory Policy Leader for Energy & Resources at Deloitte; Regional Managing Partner for Energy, Resources and Infrastructure in the Deloitte & Touche Central Europe; Managing Director at Arthur Andersen; Group Vice President at AUS Consultants; Valuation Engineer at The American Appraisal Company; and Special Investigations Engineer at Wisconsin Electric Power Company.

During his long career Terzic has been a commentator on international and U.S. television appearing on CNN, International, Fox Business, CNBC, ABC, NBC, PBS, Al Jazeera, Radio Television Serbia, and Russian TV. Terzic has given over 500 speeches and has written hundreds of articles for trade magazines and publications.

He holds a B.S. in Energy Engineering and an honorary Doctor of Sciences (Sc.D.) in Engineering both from the University of Wisconsin-Milwaukee.

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

• Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
• You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
• If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
• The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Attendance for this exclusive event is very limited! Secure your spot now!

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

Preparing Expert Witnesses for Public Utility Hearings

August 6-7, 2024 | Online

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before July 05, 2024 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

Credits

EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 1.1 CEUs for this event.

Verify our IACET accreditation

Who recognizes IACET Credits?

Requirements for Successful Completion of Program

Participants must log in each day, be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

PowerPoint presentations, classroom discussion, case studies, group exercises, and a mock hearing exercise will be used in the program.

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Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 13.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group-Internet Based
Advanced Preparation: None

EUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

Who Should Attend

• Utility industry professionals involved in rate cases and regulatory proceedings.
• Energy industry experts and consultants.
• Legal professionals specializing in utility regulation and energy law.
• Administrative law judges and hearing officers involved in energy-related cases.
• Government regulators and policymakers in the energy sector.
• Professionals from utility commissions and public service commissions (PUC/PSC).
• Attorneys representing utility companies or consumer advocacy groups.
• Engineers and technical experts working in the energy field.
• Compliance officers responsible for ensuring regulatory adherence in utility operations.
• Energy economists and financial analysts assessing utility rate structures.
• Representatives from environmental organizations involved in energy-related advocacy.
• Corporate executives and managers responsible for overseeing regulatory compliance and legal affairs in utility companies.
• Anyone interested in gaining a comprehensive understanding of expert witness preparation and testimony in the energy industry.