Nancy Brockway — 617-645-4018 — nbrockway@aol.com
10 Allen Street, Boston, MA 02131
Nancy Brockway
Summary: Ms. Brockway is an expert on energy and utility regulation. Ms. Brockway has 30 years experience in utility regulation and consumer protection, including 5 years on the New Hampshire Public Utilities Commission, 16 years in a variety of indigent legal assistance programs, and 8 years as a staff member of two different U.S. state regulatory commissions. Brockway has provided expert witness testimony on over 30 occasions on utility consumer protection issues in litigation before 9 state or provincial regulatory commissions. She is a nationally-recognized expert in consumer affairs issues, and has served as the Director of Multi-Utility Research and Analysis with the National Regulatory Research Institute. As a member of the New Hampshire Public Utilities Commission, Ms. Brockway led efforts to expand the protection of electricity and telephone consumers in such areas as access to utility service, shut-off protection, bill accuracy, and provider choice. She led the regional and national regulatory trade associations to enhance protection for consumers, through her service as Chair and Vice-Chair respectively of the NECPUC and NARUC Committees on Consumer Affairs.
EDUCATION
Smith College, A.B. (1970)
Yale University Law School (J.D. 1973)
EXPERIENCE

Oct. 2003 - Feb. 2008. Energy and Utility Consultant and Attorney. Provide expert witness testimony on consumer and regulatory issues before state and provincial regulators; represent state commissions before the Federal Energy Regulatory Commission; advise low-income energy assurance group. Develop positions for clients on market abuse and market power in competitive electricity markets, merger policy, rate design and equitable ratemaking, protection of consumers from utility misbehavior, and access to utility services.

Oct. 1998 - Oct. 2003. New Hampshire Public Utilities Commission, Concord, N.H., Commissioner. Assisted in successful transition of major electric monopolies to competitive structure; assisted in transforming national telephone numbering policy to protect consumers from disruptive numbering changes and to better use existing number supply; assisted in developing model national policy on bill accuracy; assisted in establishing first New Hampshire statewide protection from winter utility shut-offs. Presented papers on the U.S. utility safety net at conference of European and Eurasian regulators in Hungary. Served on numerous industry and regulatory committees, include the following:

Member of the Advisory Council of the New England ISO (1997-2003).
Vice-Chair, NARUC Consumer Affairs Committee (2001-2003)
Chair, Consumer Affairs Committee, NE Conference of Public Utility Commissioners (1999-2003)
Member, Steering Committee, National Council on Competition in the Electric Industry (1999-2001)
Member, NARUC Ad Hoc Committee on Competition in the Electric Industry (2002)
Member, North American Numbering Council (advisory board to FCC) (1999-2003)

1991 - 1998, National Consumer Law Center, Boston, MA., utilities consultant and attorney. Presented testimony on behalf of consumer groups in over 30 proceedings, resulting in improved access to utility services for payment-troubled customers. Advised consumer representatives nationwide on utility matters, including consumer rights, rate design and restructuring. Developed model statutory language for state and federal restructuring legislation designed to protect consumer rights in restructuring. Member, Illinois Governor's Advisory Committee for Electric Utility Regulatory Reform, 1997. Wrote and spoke extensively on consumer protection issues for utility consumers. Spoke on U.S. policies for low-income consumers to consumer representatives of Electricité de France. Served as Member, California PUC Low-Income Governing Board (1995-1997)(advised California regulators about low-income utility issues), and on Energy and Transportation Task Force of President's Commission on Sustainable Development.

1986 - 1991 Massachusetts Department of Public Utilities Commission, Boston, MA., counsel to Commissioners (General Counsel, 1989-1991). Presided over hundreds of hearings on public utility rates and consumer protection; successfully mediated dispute between five natural gas utilities that threatened service to major city. Assisted Commission in developing consistent set of consumer protection principles and precedents.

1983 - 1986 Maine Public Utilities Commission; Augusta, ME., Hearings Officer, Senior Staff Attorney. Assisted in development of policy in areas of consumer protection, non-utility generation, stranded costs of nuclear plants, and conservation and load management.

1981-1983 Maine Legal Services for the Elderly, Inc., Augusta, ME., Chief Attorney (Executive Director), Staff Attorney. Represented seniors in consumer, medical, public assistance and housing matters.

1974 - 1981, Various legal services positions, representing low-income individuals:

Staff Attorney, Directing Attorney, Pine Tree Legal Assistance, Inc., Augusta, ME. (1979-1981)
Staff Attorney, UMass Student Legal Services, Amherst, MA. (1977-1979)
Staff Attorney, Western Massachusetts Legal Assistance, Inc., Springfield, MA. (1976-1977)
Staff Attorney, Legal Aid Society of New York, NYC, NY (1974-1976)
SELECTED PUBLICATIONS
Books

Access to Utility Services (with Margot F. Saunders), National Consumer Law Center, 1997. Comprehensive manual for low-income advocates and others on the legal bases for consumer protections enabling customers to obtain electric, gas, water and telephone service.

Tenants' Rights to Utility Service (with Margot F. Saunders and Roger D. Colton) (1994). A manual for practitioners covering all aspects of a tenant's relationship to providers of utility service.

Articles

"Intervenor Funding in Public Utility Rate Cases," Clearinghouse Review, June 1995, Chicago, Illinois.

Selected Papers

AARP Model Statute for Consumer Protection in Electric Industry Restructuring, Washington, D.C.: AARP (1999) (with Jerrold Oppenheim).

Principles Applicable to Electric Industry Reform Legislation (April 25, 1997), Report of the Governor's Advisory Committee on Electric Utility Regulatory Reform, Governor of Illinois (with Charles Stalon and Randle Smith).

Public Goods of the Electric Utility Industry: Will They Be Stranded and How Can We Preserve Them? (October 1996) National Council on Competition in the Electric Industry (with Mike Sherman).

"Regulatory Jurisdiction to Enforce Consumer Protections Against Competitive Electricity Suppliers: The Case of New England," in Barbara R. Alexander, et al, eds., Consumer Protection Proposals for Retail Electric Competition: Model Legislation and Regulations (October 1996) The Regulatory Assistance Project.

Consumer Issues In Restructuring: Scoping the Need for Legislation (August 1996) Spratley Associates: Legislative Energy Assistance Project.

NBrockway.com: resume