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Energy Regulatory & Midstream Services

Steptoe & Johnson’s regulatory attorneys assist clients in natural gas and electric matters involving energy regulation by the Federal Energy Regulatory Commission (FERC) throughout the Appalachian basin and with state public utility regulatory commissions in Kentucky, Ohio, Pennsylvania and West Virginia.  Team attorneys also frequently travel to the firm’s Houston office to assist mid-continent clients with interests in Appalachia.

 

Firm attorneys have worked in government, as in-house counsel for Fortune 500 energy companies and have counseled clients on federal and state regulation of natural gas gathering and processing facilities, intrastate and interstate pipelines and storage facilities, and developed and implemented FERC compliance programs.  This real-world experience provides the perspective needed to create effective, value-added solutions for clients.

PDF: Transporting Gas to Market.pdf

 

Midstream Experience 

  • Counseled midstream natural gas businesses on federal and state regulation of facilities, rates, services, safety and eminent domain matters
  • Assisted in structuring transactions to minimize regulation and achieve business objectives

 

FERC Experience 

  • Represented and counseled gas pipelines in general and limited rate-case proceedings, technical conferences, rulemaking, tariff, service, expansion, abandonment, and construction certificate matters
  • Advised clients on gathering, intrastate and interstate facility classifications and distinctions, and FERC jurisdiction over facilities, rates or services by intrastate pipelines and local distribution companies
  • Represented FERC-regulated companies on numerous FERC enforcement matters, including extensive negotiation experience on matters involving significant penalties
  • Developed, implemented and managed a FERC compliance program for interstate natural gas pipelines and public utilities
  • Represented public utilities on rulemaking, RTO, interconnection, and rate matters
  • Assisted FERC-regulated hydro-electric facilities with post-licensing compliance matters

State Regulatory Experience

  • Represented clients regarding renewable portfolio standards and credits, and siting of renewable energy electric generation facilities
  • Defended a major natural gas producer from claims that its pipeline should be regulated
  • Represented clients regarding certificates of public convenience and necessity, utility rate cases, affiliated transactions cases, purchases and sales of public utilities, defense of customer complaints, agency rulemakings, and territorial disputes
  • Represented purchasers in state regulatory, real property and environmental due diligence in planned acquisition of natural gas local distribution company
  • Assisted numerous clients in obtaining regulatory approval for financings, construction projects, agreements with affiliates

 

 
Representative Experience

  • Represented clients regarding renewable portfolio standards and credits, and siting of renewable energy electric generation facilities
  • Represented Fortune 500 energy client before regulatory agencies and provided key guidance in developing process to establish pooling units for largest active coalbed methane production program in state
 
 
Recent Articles & Publications
FERC Issues 2011 State of the Market Report,
April 23, 2012
FERC Issues First Authorization to Export LNG from Domestic Production - Other LNG Export Hurdles,
April 17, 2012
Transporting All of that Marcellus Shale Gas to the Market - The Critical Effect of Regulation on Midstream Pipeline Companies,
January 24, 2012
FERC Prohibits Multiple-Affiliate Bidding in Pipeline Open Seasons,
November 29, 2011
Energy Team to Present How-To on Shale Deals,
March 30, 2011