Public Law and Regulatory Counsel
Overview
Locke Lord’s attorneys regularly represent energy clients before state and federal administrative and regulatory authorities. We represent major and independent oil and gas producers, gas gatherers, processors, interstate and intrastate natural gas, product and oil pipelines, major gas utilities, merchant generators, power marketers, electric utilities and independent transmission developers in all aspects of regulatory matters at the state level and before FERC in Washington, D.C.
Our public law and policy team, Locke Lord Strategies®, has developed longstanding relationships at the federal and state levels in order to facilitate our clients’ objectives both with respect to particular transactions and our clients’ overall public policy goals. Members of our Strategies team have represented the interests of companies in both the traditional and alternative energy sectors. The Strategies team stands ready to help a client move forward when political roadblocks arise as well as to develop proactive political and strategic initiatives that will serve the client’s future business and operational goals. Our team also works to keep our clients current on recent laws, regulations and upcoming regulatory initiatives that may affect the client’s business. Locke Lord Strategies professionals regularly arrange for energy clients to meet with members of Congress and recently have assisted clients with renewable energy funding before the Department of Energy and the Department of Treasury.
Our Washington, D.C. and Texas regulatory teams are composed of skilled practitioners with decades of experience in federal and state regulation of the energy industry, including electricity, power plant and transmission facilities, natural gas, product and oil pipelines and other energy infrastructure assets. Our energy regulatory attorneys help our energy clients efficiently and expeditiously guide their businesses, projects and transactions through the regulations and oversight of the regulatory/administrative, executive and legislative branches of the state and federal governments. We work to solve problems and create opportunities for clients using our understanding of the public policy process and our relationships with the different governmental branches. Our attorneys play leading roles in complex litigation before FERC, the Public Utility Commission of Texas and the Railroad Commission of Texas.
The following is a sampling of the matters in which our attorneys have been involved before the FERC:
Natural Gas, Oil and LNG
- Representation of shipper and pipeline interests on oil and product pipeline disputes.
- Representation of clients in litigation on all rate base items, including acquisition premiums, rate of return, capital structure, corporate overhead allocation, depreciation, O&M expenses, A&G expenses and contract rates.
- Representation of customer in a ground-breaking case that established NGPA Section 311 intrastate transportation rates based on Order No. 436 et al., including a separate gathering rate which was unbundled from the ordered mileage-based transmission rate.
- Representation of a shipper in a case of first impression that litigated contract right of first refusal provisions for no-notice, market area and production area transportation services.
- Represented interstate natural gas pipelines on obtaining approvals and certificates for new facilities, including expansion of largest LNG import terminal in North America, Natural Gas Act Section 7(f) determinations, commencement of interim vaporization and collection of interim rates prior to project completion, increase of pipeline diameter for looping project and wholesale replacement of compressors.
- Representation of a competing pipeline and Arizona local distribution companies in comprehensive rate case of a major interstate natural gas pipeline.
- Representation of clients on litigation that included 10-year rate and service agreement to address capacity turnbacks and cost allocations on two separate major interstate natural gas pipelines, imposition of rate caps in favor of a client for services through 2011, and favorable settlement on behalf of incumbent LDC regarding proposed conversion of existing LNG storage facility to a marine-based LNG import terminal.
- Representation of Southern Union Company’s acquisition of its local gas and electric distribution companies and subsequent divestitures of same, including the sale of New England Gas Division to National Grid, and Citizens Communications’ divestiture of its multi-state local gas and electric distribution companies to various purchasers.
- Represented customer in hearings on adverse party’s proposed reorganization of 12-member cooperative, revised formula rates and services, disposition of jurisdictional facilities, standing issues and suspension of proposed changes to expense accounts and rates.
- Representation of interstate natural gas pipelines on general rate, tariff and compliance matters, including a defense against adverse fuel usage filings representing the upholding of the informed judgment of a pipeline in developing a recovery proposal, obtaining approval of new contract demand reduction options for shippers, discount rate, published index prices and capacity release matters, elimination of fuel use charges to facilitate LNG imports, and defense of tariff restrictions on gas quality, interchangeability, operational flow orders and critical notices.
- Representation of clients in obtaining an order directing payment of ad valorem refund obligation and a separate recovery and refund of over $100 million in Kansas ad valorem taxes.
- Representation of clients on passage of Energy Policy Act of 2005 which resulted in significant funding and regulatory restructuring of the energy industry, including repeal of PUHCA, confirmation of LNG siting jurisdiction and other issues.
- Represented clients in formal and informal investigations, including a 14-month audit by Office of Market Oversight and Investigations.
- Represented an interstate natural gas pipeline and its four affiliates in development of compliance plan and structural/organizational changes consistent with Order No. 2004.
Electric
- Representation of independent transmission company in petition to the FERC to disclaim jurisdiction over proposed transmission lines and facilities, transmission service and sales of energy.
- Representation of power marketers, merchant generators, electric utilities and industrial companies in obtaining market-based rate authorization and waiver of regulations.
- Representation of an electric utility to obtain Category 1 market-power exemption under its market-based rate authorization.
- Representation of new merchant generation holding company in its authorization to acquire companies with 1,700 MW of generating assets, and acceptance of market-based rate tariffs, cost-based power schedules and reliability must run agreements, including negotiation of tolling and energy management agreements and participation in RTO markets.
- Representation of merchant generation companies in authorization to acquire interests in generation related to a sale-leaseback transaction and obtain disclaimer of jurisdiction over passive participants.
- Representation of an electric utility in proceeding to address installed capacity market rules for a RTO.
- Represent wind developer in RTO transmission tariff interconnection proceedings.
- Representation of electric utilities in the sale of interests in another electric utility and related power sales agreement.
- Representation of electric utilities and merchant generators in merger proceedings.
- Representation of power marketers, merchant generators and electric utilities in acceptance of market-based rate notices of change in status filings.
- Representation of an electric utility in acceptance of generation interconnection agreements.
- Representation of an electric utility in acceptance of transmission tariff provisions to recover localized transmission costs and acceptance of transmission service agreements.
- Representation of an electric utility in complaint regarding obligations under a power purchase agreement.
- Representation of electric utilities in the cancellation of rate schedules.
- Representation of an electric utility in the acceptance of revisions to transmission formula rates in transmission tariffs and transmission rate schedules.
- Representation of an electric utility in preparation and acceptance of market-based rate triennial market power update.
- Representation of an electric utility to obtain FERC authorization to terminate the mandatory purchase obligation under PURPA with regard to Qualifying Facilities on a territory-wide basis.
- Representation of an electric utility in the acceptance of engineering, design, construction and transmission interconnection agreement.
- Representation of electric utilities, independent transmission company and power marketing affiliates in complex transmission rate RTO seams proceedings.
- Representation of public utility holding companies and service companies in PUHCA 2005 compliance filings and obtain waiver to comply with PUHCA 2005 requirements.
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