Natural Gas Regulation
We represent interstate and intrastate natural gas pipelines, storage companies, LDCs, large consumers, such as gas-fired electric generators, and natural gas marketing, trading, and asset management companies. We have participated in developing, implementing, and complying with all aspects of federal natural gas regulatory policy over the last quarter century, including Order Nos. 436, 636, 637, and 712; FERC policy statements pertaining to pipeline certificates, negotiated rates and its substantially broadened enforcement arena; and many precedent-setting individual cases. For example:
- Pipeline/Storage Counsel. We support interstate pipeline and storage companies in their certification, construction and operation of expansion projects, including
- Prosecution of NGA Section 7 certificate applications.
- Drafting and negotiation of commercial project agreements, including MOUs, confidentiality, reimbursement, precedent, and interconnection agreements, service and ancillary agreements, such as OBAs.
- Counseling regarding blanket construction activity and reporting requirements.
- Representation in NGA Section 3/Presidential Permit proceedings for cross-border activities.
- Prosecution of gas quality tariff changes.
- LDC/Intrastate Pipeline Counsel. We advise gas utilities and intrastate pipelines on matters involving FERC regulation of their own systems, including
- Limited jurisdiction (311/Hinshaw) transportation and storage services.
- NGA Section 7(f) service area determinations.
- Facilitating landfill gas, shale gas and other non-traditional resource development.
- Pipeline Shipper Counsel. We represent pipeline shippers in matters involving
- Litigation of pipeline rate and tariff changes.
- Billing and other commercial disputes.
- Drafting and negotiating asset management agreements and other regulated transactions.
- Cross-border commercial activities before the Department of Energy/Office of Fossil Energy.
- Compliance and Enforcement Counsel. We have assisted clients with
- Legal and regulatory compliance internal audits.
- FERC audits, self-reports, non-public investigations; negotiation of settlement agreements.
- Developing compliance and training programs for
- Affiliate standards of conduct.
- Market manipulation rule compliance.
- Index price reporting.
- Pipeline recordkeeping and reporting compliance.
- FERC compliance for natural gas shippers (e.g., shipper must have title rule, buy/sell, tying, flipping prohibitions).
In addition to the expertise listed above, TS Strategies is deploying its substantial expertise on water issues to address regulatory issues surrounding the hydraulic fracturing process for production of natural gas.