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Peter S. Fox-Penner

Academic Advisor
Boston University
To contact Peter S. Fox-Penner, please email Stephanie Schwartz at Stephanie.Schwartz@brattle.com or call +1.617.864.7900

Dr. Fox-Penner specializes in economic, regulatory, and strategic issues in network industries. His practice centers on energy and environmental policies and electric regulation, planning, and competition issues.

Dr. Fox-Penner is a Professor of the Practice at the Boston University Questrom School of Business, where he is leading the creation of a university-wide Institute for Sustainable Energy. He is also an academic advisor to The Brattle Group and chief strategy officer of Energy Impact Partners, a private equity firm. His practice centers on energy and environmental policies and electric regulation, planning, and competition issues. He is also experienced in the natural gas, communications, transportation, and environmental industries and is a frequent expert witness on these issues. His research has been widely cited, including in one Supreme Court decision. Drawing upon his expertise as a utility consultant, he is often asked to lead strategic planning projects and board level strategy sessions for utilities across the U.S. and abroad.

Dr. Fox-Penner is a frequent speaker on energy topics and the author of numerous published articles and books, including the highly acclaimed Smart Power: Climate Change, the Smart Grid, and the Future of Electric Utilities (Island Press, 2010). In Smart Power, he provides an in-depth look at the policy and business challenges electric utilities face due to the combined impacts of climate change, the smart grid, and energy efficiency policies.

Dr. Fox-Penner’s background includes service as a senior official in the U.S. Department of Energy and the White House Office of Science and Technology Policy as well as staff positions in the Illinois Governor’s office. In addition to his consulting practice, Dr. Fox-Penner is on the board of directors of The Solar Foundation and the advisory boards of Enviance, Inc. and Gridpoint. He is also an occasional guest blogger on Climate Progress and The Huffington Post.

Representative Engagements
Strategic planning for utilities
Assisted several utilities with strategic planning and is often retained to lead board-level strategy sessions addressing the evolving business model of the utility. Invited to join several non-profit industry groups who are also convening sessions focused on the utility of the future, including Ron Binz’s Utilities 2020 and The Energy Future Coalition’s Utilities 2.0 projects.
Resiliency and extreme weather planning
Hired to assist utility teams in developing programs to reinforce utility infrastructure to increase resiliency and reduce outages. Projects include cost-benefit analysis of potential investments and asset optimization analysis.
Carbon pricing and trading analysis
Part of a Brattle team hired by one of the large utilities to analyze the potential impact of imperfect market design on the efficiency of the cap and trade system implemented under AB32.
Testimony
Analysis of Benefits: PSE&G’s Energy Strong Program, by Peter Fox-Penner and William P. Zarakas. In the Matter of the Petition of Public Service Electric and Gas Company for Approval of the Energy Strong Program, NJ BPU Docket No. EO13020155 and GO13020156.
October 7, 2013
Prepared Direct Testimony on behalf of the California Parties re: the examination of two aspects of the Respondents’ spot market sales activities to CERS during the CERS Period, before the Federal Energy Regulatory Commission, Docket No. EL01-10-085
September 21, 2012
Prepared Direct Testimony on behalf of the California Parties re: tariff violations affected MCP, before the Federal Energy Regulatory Commission, Docket No. EL00-95-248
August 25, 2011
Before the Federal Energy Regulatory Commission, Docket No. RM10-23-000, Filed Comments re: Notice of Proposed Rulemaking on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities
September 29, 2010
Filed Comments of Peter S. Fox-Penner, Johannes P. Pfeifenberger, and Delphine Hou, FERC Docket No. AD09-8-000, re: regional transmission planning and cost allocation
December 17, 2009
Rebuttal testimony of Drs. Fox-Penner and Reynolds on behalf of the State of California, ex rel. Bill Lockyer, Attorney General of the State of California, before the Federal Energy Regulatory Commission, Docket No. EL02-71-000
December 17, 2009
Statement of Dr. Peter S. Fox-Penner, Principal and Chairman Emeritus, The Brattle Group, before the Natural Resources Committee, National Governors Association
July 19, 2009
Testimony of Dr. Peter S. Fox-Penner and Gerald A. Taylor on Behalf of the California Parties – analysis of sellers’ in markets operated by CAISO and CALPX, before the Federal Energy Regulatory Commission, Docket No. EL00-95-000, et al
May 26, 2009
Testimony of Dr. Peter S. Fox-Penner on Behalf of the People of the State of California, ex rel. Edmund G. Brown, Jr., Attorney General – (examined seller behavior in bilateral spot market sales to CERS), before the Federal Energy Regulatory Commission, Docket No. EL09-_-000, et al
May 23, 2009
Rebuttal testimony on behalf of the Public Service Company of Colorado Regulatory Treatment in Electric Utility Rate Cases, before the Public Utilities Commission of the State of Colorado, Docket No. 08S- 520E
March 20, 2009
Direct Testimony on behalf of the Public Service Company of Colorado regarding Regulatory Treatment in Electric Utility Rate Cases, before the Public Utilities Commission of the State of Colorado, Docket No. 08S- 520E
November 14, 2008
Rebuttal testimony on behalf of Public Service Company of Colorado responding to the question of vertical integration vs. reliance of purchased power by Xcel Energy, before the Public Utilities Commission of the State of Colorado, Docket No. 07A-447E
June 9, 2008
Affidavit on behalf of Nevada Power Company analyzing the competitive effects of Nevada Power’s acquisition of Bighorn power plant on wholesale competition, before the U.S. Federal Energy Regulatory Commission, Docket No. EC08--000
May 30, 2008
Declaration, on behalf of California Parties, demonstrating evidence of sellers’ exercise of market power, including evidence of gaming, withholding, and anomalous bidding, and explaining why “market-wide relief” is an economically appropriate way to compensate buyers who purchase power in markets where prices are profoundly affected by the exercise and abuse of market power. Before the U.S. Federal Energy Regulatory Commission, Docket No. EL02-71-004
April 21, 2008
Publications
Article
Innovation, Meet Deployment: Climate Policy's Twin Imperatives
January 05, 2016
Published in The Huffington Post
Report
Comparative Generation Costs of Utility-Scale and Residential-Scale PV in Xcel Energy Colorado’s Service Area
July 2015
Prepared for First Solar
Book
Market Power and Market Manipulation in Energy Markets: From the California Crisis to the Present
April 2015
Gerald A. Taylor, Shaun D. Ledgerwood, Romkaew P. Broehm, Peter S. Fox-Penner, Shaun D. Ledgerwood, Gerald A. Taylor, Peter S. Fox-Penner, and Romkaew P. Broehm
Published by PUR Inc.
Presentation
Public Power in the Age of Smart Power
October 06, 2014
Presented to the American Public Power Association
Article
Utility Investments in Resiliency: Balancing Benefits with Cost in an Uncertain Environment
June 2014
William P. Zarakas, Sanem Sergici, Heidi Bishop, Jake Zahniser-Word, and Peter S. Fox-Penner
Published in The Electricity Journal, Volume 27, Issue 5
Report
Exploring Natural Gas and Renewables in ERCOT, Part III: The Role of Demand Response, Energy Efficiency, and Combined Heat & Power
May 29, 2014
Prepared for the Texas Clean Energy Coalition (TCEC)
Report
Exploring Natural Gas and Renewables in ERCOT Part II: Future Generation Scenarios for Texas
December 10, 2013
Prepared for The Texas Clean Energy Coalition
Article
From ERG to the Smart Grid: One Illini’s Journey
October 09, 2013
Published by The Brattle Group, Inc.
Article
A Trip to RIIO in Your Future?
October 2013
Published in Public Utilities Fortnightly
Presentation
Partnering Natural Gas and Renewables in ERCOT
June 11, 2013
Prepared for the Texas Clean Energy Coalition; sponsored by the Cynthia and George Mitchell Foundation
Article
The Future of US Energy Utilities
February 01, 2013
Published in The Oxford Energy Forum
Presentation
The Smart, Low Carbon Grid
December 10, 2012
Presented at the Texas Renewables Energy Industries Association (TREIA) Conference, Lost Pines, TX
Article
Telecom Transformation
November 29, 2012
Published in Public Utilities Fortnightly's Spark
Report
Review of EIPC’s Phase 1 Report
May 22, 2012
Prepared for the Working Group for Investment in Reliable and Economic Electric Systems (WIRES)
Report
SureWest's Transformation and its Lessons for Today's Electric Utilities
December 2011
Published by The Brattle Group, Inc.
Presentation
The Future of Utilities: Business Models and Strategy
October 19, 2011
Presented to Accenture, London, UK
Presentation
Energy Efficiency and Utility Demand-Side Management Programs
July 14, 2011
Presented to The World Bank
Report
Comments of Romkaew P. Broehm, Peter S. Fox-Penner, Oliver Grawe, and James Reitzes to the Federal Energy Regulatory Commission Regarding the Analysis of Horizontal Market Power Under the Federal Power Act, Docket No. RM11-14-000
May 23, 2011
Prepared for Federal Energy Regulatory Commission Staff
Report
Comments of Romkaew P. Broehm and Peter S. Fox-Penner, re: Market-Based Rates for Wholesale Sales Of Electric Energy, Capacity and Ancillary Services by Public Utilities
May 2011
Presentation
Policy Challenges Associated with Renewable Energy Integration
April 2011
Prepared for the 2011 MITEI Symposium: Managing Large-Scale Penetration of Intermittent Renewables
Report
Comments for Docket No. RM10-23-000, the Notice of Proposed Rulemaking on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities
September 2010
Prepared for the FERC Notice of Proposed Rulemaking on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities
Presentation
An Introduction to Electricity Grid Infrastructure: System Complexity in a Rapidly Changing Industry
August 31, 2010
Presented at Department of Defense/Monitor 360's Complexity of the Smart Grid Conference
Article
For Grid Expansion, Think ‘Subregionally’
June 08, 2010
Published in The Energy Daily
Book
Smart Power: Climate Change, the Smart Grid, and the Future of Electric Utilities
2010
Published by Island Press
Report
Transforming America's Power Industry: The Investment Challenge 2010-2030
November 2008
Prepared for The Edison Foundation
News & Events
September 12, 2016
Brattle Consultants Contribute to Significant Win for the State of California on Energy Crisis Tariff Violations

Testimony by Brattle consultants contributed to a favorable outcome for the State of California in a recent decision by the U.S. Court of Appeals for the Ninth Circuit, which upheld a ruling by the Federal Energy Regulatory Commission (FERC) finding that several electric power sellers committed tariff violations during the California Energy Crisis in the summer of 2000.

July 18, 2016
Analysis by Brattle Economists Cited in FERC Decision on MISO’s Export Pricing to PJM for MVPs

A recent order issued by the Federal Energy Regulatory Commission (FERC) on export pricing cites an analysis conducted by Brattle Academic Advisor Peter Fox-Penner and Principal Romkaew Broehm on behalf of the Midcontinent Independent Transmission System Operation (MISO) and MISO Transmission Owners.

April 13, 2016
Brattle Consultants Contribute to Significant Win for the State of California on Energy Crisis Long-Term Contracts

Based on evidence presented by Brattle consultants, a FERC Administrative Law Judge issued a ruling that found that the Mobile-Sierra doctrine does not protect two long-term wholesale electricity contracts entered into during the Western Energy Crisis in 2001.

December 14, 2015
Peter Fox-Penner to Lead New Institute for Sustainable Energy at Boston University’s Questrom School of Business

Brattle principal Peter Fox-Penner, a leading expert in energy policy, sustainability, and business strategy, will join Boston University’s Questrom School of Business as a Professor of the Practice, effective January 1, 2016.

November 23, 2015
Peter Fox-Penner Authors Financial Times Letter to the Editor on Benefits of Utility-Scale Solar PV

Brattle principal Peter Fox-Penner has authored a letter to the editor published in the November 20, 2015 issue of the Financial Times that discusses the significant cost advantages of utility-scale solar PV technologies.

November 09, 2015
Peter Fox-Penner to Present at Edison Electric Institute’s 50th Financial Conference

Brattle principal Peter Fox-Penner will present at the Edison Electric Institute’s 50th Financial Conference, “50 Years: The Past, Present and Future,” taking place on November 8-11, 2015 in Hollywood, FL.

July 13, 2015
Study by Brattle Economists Quantifies the Benefits of Utility-Scale Solar PV

A study released by economists at The Brattle Group finds that utility-scale solar photovoltaic (PV) systems in the U.S. are significantly more cost effective than residential-scale (rooftop) PV systems as a vehicle for achieving the economic and policy benefits of PV solar.

July 13, 2015
Yvette Austin Smith and Brattle Team Prevail in DE Chancery Court Valuation Ruling

Brattle principal Yvette Austin Smith recently provided successful valuation testimony in a combined breach of fiduciary duty and appraisal matter before the Delaware Court of Chancery in the case Owen vs. Lynn Cannon et al.

May 26, 2015
Peter Fox-Penner to Speak at the International Congress of Energy Science and Industry Energy.21 Conference

Brattle principal Peter Fox-Penner will speak on innovations in the energy industry at the upcoming conference Energy.21, taking place on May 26-27, 2015 in Poznan, Poland.

May 20, 2015
Brattle to Sponsor Symposium on Market Power and Market Manipulation in Energy Markets

The Brattle Group will be sponsoring the upcoming program, “A Symposium on Market Power and Market Manipulation in Energy Markets," taking place Wednesday, May 20th, 2015 and hosted by the Center for Business & Public Policy at Georgetown University's McDonough School of Business.

April 14, 2015
Brattle Consultants Release Book on Market Power and Market Manipulation in Energy Markets

Brattle principals Gerald Taylor, Shaun Ledgerwood, Romkaew Broehm, and Peter Fox-Penner have authored a book that provides insights and an analytical framework for understanding the legal and economic nuances associated with energy market manipulation. Market Power and Market Manipulation in Energy Markets: From the California Crisis to the Present will be published in April 2015 by PUR Inc.

April 14, 2015
Peter Fox-Penner to Speak at California Municipal Utilities Association’s 83rd Annual Conference

Brattle principal Peter Fox-Penner will participate in a panel discussion on the future of utilities and new business models at the upcoming California Municipal Utilities Association (CMUA) Annual Conference, taking place on April 14-16, 2015 in Carlsbad, CA.

February 21, 2015
Brattle Experts to Speak at Tufts Energy Conference on the Future of Clean Energy

Brattle principal Peter Fox-Penner and academic advisor Gilbert Metcalf have been invited to present on restructuring the utilities sector and the carbon pricing debate, respectively, at the upcoming Tufts Energy Conference (TEC).

November 18, 2014
Brattle Economists Contribute to FERC Ruling Supporting Findings of Manipulative Behavior by Power Suppliers During the California Energy Crisis

Testimony provided by Brattle consultants supported a FERC order affirming the initial decision in the matter of San Diego Gas & Elec. Co. v. Sellers of Energy and Ancillary Servs, which found power suppliers engaged in manipulative behavior during the California Energy Crisis.

October 27, 2014
Peter Fox-Penner Co-Authors Article on Resilient Energy Infrastructure

Peter Fox-Penner recently co-authored the article “Resilient and Sustainable Infrastructure for Urban Energy Systems,” which is featured in the October issue of the Solutions journal.

October 22, 2014
Peter Fox-Penner Joins LRI Energy Solutions Board of Directors

Brattle principal Peter Fox-Penner recently joined the Board of Directors of LRI Energy Solutions (LRI), a leading provider of lighting and water building efficiency services located in Gambrills, MD.

October 08, 2014
Peter Fox-Penner to Speak at SXSW Eco Conference on the Impact of Emerging Technologies on Climate Change

Brattle principal Peter Fox-Penner has been selected to participate on the panel, “Can Disruptive Technologies Solve Climate Change?” at the upcoming SXSW Eco Conference.

September 17, 2014
Peter Fox-Penner Takes a New Look at the Electric Utilities Industry in Smart Power Anniversary Edition

Brattle principal Peter Fox-Penner has contributed to an anniversary edition of his 2010 book, Smart Power: Climate Change, the Smart Grid, and the Future of Electric Utilities.

September 04, 2014
Peter Fox-Penner to Present at the Center for Strategic & International Studies Conference on Changes in the Electricity Sector

Brattle principal Peter Fox-Penner has been selected to participate in the upcoming Center for Strategic & International Studies (CSIS) conference, “Electricity in Transition: Technology, Markets and Regulation,” taking place on September 4, 2014 in Washington, DC.

August 15, 2014
Brattle Studies Cited by Appeals Court in Decision to Uphold Federal Energy Regulatory Commission Order 1000

The Court of Appeals cited Brattle studies in its recent decision to uphold the FERC Order 1000, compelling states to coordinate on transmission planning to meet cost obligations for new electricity transmission capacity.

July 25, 2014
Peter Fox-Penner to Participate in Joint Institute for Strategic Energy Analysis Regional Clean Energy Leadership Forum

Peter Fox-Penner has been selected to participate on a panel for the upcoming Joint Institute for Strategic Energy Analysis (JISEA) conference, “Synergies of Natural Gas and Renewable Energy: 360 Degrees of Opportunity.”

July 14, 2014
Peter Fox-Penner Speaks on the Future of the Energy Industry on Green Power Report

Brattle Principal Fox-Penner recently served as a guest speaker on Green Power Report, where he discussed the changing landscape of the electric utility industry.

June 23, 2014
Principal Peter Fox-Penner to Discuss Energy Development at Clinton Global Initiative Panel

Brattle principal Peter Fox-Penner will serve as a panelist at a discussion on “Responsible Energy Development: Addressing Common Challenges and Opportunities,” part of the Clinton Global Initiative (CGI) America.

June 02, 2014
Brattle Economists Revisit Findings on Potential Effects of Carbon Emissions Rulemakings Ahead of EPA's Clean Air Act

In anticipation of the EPA's proposed guidelines under Section 111(d) of the Clean Air Act, The Brattle Group has released a compendium of prior studies examining the effects of a potential carbon emissions rulemaking.

May 29, 2014
Report Authored by Brattle Consultants Expands on Previous Work in Analyzing Relationship Between Natural Gas and Renewables in Texas Electricity Market

Brattle consultants released a new report for the Texas Clean Energy Coalition to show how renewable and natural gas-fired electricity sources would develop in the next two decades, and how this development would depend on gas prices, the existence of a capacity mechanism in ERCOT, national carbon policies, and other key market drivers.

Personal Interests

Peter serves on a number of boards and has extensive management and advisory experience, including:

  • Board of Directors, the Solar Foundation (2010-Fall 2012)
  • Advisory Board, Enviance, Inc. (provider of greenhouse gas, environmental life cycle cost, and supply chain management software) (2007-present)
  • Advisory Board, Gridpoint, Inc. (smart grid and energy efficiency firm) (2009-2012)
  • Co-founder and Vice Chair, ENpartners LLC (greentech advisory and PE firm)
  • Past Advisor to the Center for National Policy and Progressive Policy Institute (1996-2007)