Expert Witness Preparation

Live Streaming Online July 19-20, 2023

An EUCI Program

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

This course 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, 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 exercise via Microsoft Teams. During the exercise participants will establish skills and experience with expert witness responsibilities throughout the administrative hearing procedure.

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

Agenda

WEDNESDAY, JULY 19, 2023

9:00 a.m. – 4:00 p.m. 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

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

Afternoon Break

Group Review of Written Testimony

Questions and Wrap-up

THURSDAY, JULY 20, 2023 : CENTRAL TIME

9:00 a.m. – 4:00 p.m. 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

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 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

Mock Hearing Exercise

Course Wrap–up

Instructor

Branko Terzic, Managing Director, Berkeley Research Group LLC

Branko Terzic is currently a Managing Director at Berkeley Research Group LLC and 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.