Mr. Borgelt is a widely known and experienced practitioner of administrative, utility,
environmental and professional licensure law. Since joining Potts & Reilly in 2006, Mr. Borgelt has greatly expanded the firm’s general civil, commercial litigation and appellate practices, focusing on regulatory, local and county government, land and private property, energy, consumer, public information and defamation matters. Prior to joining the firm, Mr. Borgelt was Deputy Chief and General Counsel of the Consumer Protection Division, Office of the Attorney General, then Assistant Attorney General of Texas, representing major public entities. Mr. Borgelt attended UT as a National Merit Scholar, graduating from its School of Law in 1988. He is Past Chair of the Administrative Law Section, a Member of the State Bar of Texas Public Utility Council, the Computer & Technology Section, the State Bar College, Austin Bar
Foundation, Texas Bar Foundation, and holds numerous leadership positions and interests in the Austin community.

REPRESENTATIVE ACCOMPLISHMENTS  

• Lead counsel representing Texas A&M University in a major gas rate case on behalf of the University, saving it at least $1.5 million annually in gas transportation costs.
• Represented State of Texas' interests in electric rate cases concerning securitization of stranded costs at the Public Utility Commission involving requests for securitization totaling nearly $3 billion.
• Lead counsel representing state agencies in numerous gas utility rate cases at the Railroad Commission, including a case of first impression on transportation rates to be paid by state agencies, resulting in rate reductions and beneficial tariff provisions.
• Represented state interests in the investigation of the application for merger of MCI and Sprint, which was ultimately withdrawn, but obtained service quality improvements for Texas Department of Criminal Justice facilities.
• Advocated for regulatory provisions enhancing the availability of telecommunications services in rural areas of Texas, specifically supporting state government and university access to high speed data services.
• Discovered major accounting discrepancies in a gas utility audit case at the Railroad Commission, resulting in a savings to ratepayers of at least $1,000,000.
• Settled major rate case with Verizon, providing for no rate increase in several exchanges, a six- month waiver of some fees and an agreement to promote their customer refund program.
• As General Counsel, represented agency in its administrative hearings annually, prevailing in over 90% of cases during seven-year period.
• Taught nationally accredited training program in administrative law for state and federal enforcement officials to groups of over 100.
• Advocated successfully in numerous rulemaking proceedings at the Public Utility Commission, Railroad Commission and Federal Communications Commission, almost always with a significant positive result for state government or consumers on the rule or regulation finally adopted, either in protection of customer rights or financial savings to the State.
• Helped draft national guidelines for the marketing of energy generated from renewable resources.
• Represented state government interests in the negotiated process to implement the first retail electric pilot program in Texas, which ultimately assisted competitive retail electric markets in opening successfully.
• Participated in the Governor's Policy Conference on broadband deployment and the broadband working group.
• Assisted in international discussions on cross-border telecommunications services sponsored by the Public Utility Commission.
• Helped draft the Strategic Plan of the Texas Telecommunications planning and Oversight Council, ensuring that the Council included the viewpoints of multiple state government and university interests, and that all state and federal regulatory issues potentially affecting the plan were assessed.
• Resolved multiple gas and telecommunications billing disputes between state agencies/universities and utilities on an informal basis, saving the State thousands of dollars in utility costs related to improper billing.
• Provided regulatory and legislative updates on telecommunications and gas utility issues to state agency advisory groups and the Department of Information Resources.
• Testified before State legislative committees, public hearings and City board.
• Drafted legislation which was incorporated in bills passed by Texas Legislature and U. S. Congress.
• Appointed chairman of three national regulatory committees, representing state agency to federal agencies and congressional staff.
• Organized and coordinated series of Seminars between environmental regulatory officials from the U. S. and Mexico for resolution of issues and facilitation of NAFTA agreements.
• Trained and supervised 17 personnel of legal department and enforcement staff.
• Petition for Review granted by the Texas Supreme Court in an appeal of a Public Utility Commission telecommunications rate case.
• Multiple oral arguments before the Railroad Commission in gas utility rate cases.
• Prosecuted lawsuits involving deceptive trade practices engaged in by telecommunications carriers in Travis County District Court.