Natural Gas

General Counsel and Strategic Advisors to the Natural Gas Industry

“an extremely strong team of professionals with
deep industry and government experience” Chambers USA  

Comprehensive legal & business advisory services

• Natural gas pipeline certificate proceedings before FERC and state utility commissions
• FERC rate and tariff proceedings for interstate and intrastate pipelines and storage facilities
• LNG and pipeline project development and commercial transactions
• Regulatory compliance, including enforcement actions and litigation
• Pipeline and storage facility operations and safety requirements
• Design and development of legislative strategies
• Regulatory accounting and financial reporting
• Due diligence reviews and consultations

Our clients participate in virtually all industry sectors

• Interstate and intrastate natural gas pipelines
• LNG project developers and owners
• Gas storage and gathering companies
• Natural gas local distribution companies
• Investors and lenders involved in acquisition of natural gas facilities
• Large industrial consumers of natural gas
• Electric utilities
• Trading companies
• Independent power producers 

A Broad Perspective on Complex Issues

Van Ness Feldman knows the natural gas business and offers the multidisciplinary resources and depth of expertise to understand and address complex interrelationships of federal policy that arise with respect to gas facilities siting and permitting, rates, environmental review, safety issues, public lands law, and Native American issues.

Construction of Natural Gas Pipelines and Gas Storage Facilities. Obtaining all necessary regulatory approvals and permits, developing open seasons, negotiating transportation agreements, drafting tariff provisions, and managing complex processes before not only the FERC, but other federal, state and local governmental agencies and tribal entities.

LNG Projects.  Managing the complexities of developing LNG import projects, including environmental permitting, siting approval, commercial transactions, FERC authorization, and tariff implementation. 

Regulatory Compliance and Enforcement. Assisting clients with federal regulatory issues including, for example, audits, investigations, and complaints concerning tariffs, pipeline safety, ratemaking, gas quality, interchangeability, accounting, and environmental compliance.  Also training clients’ personnel on compliance issues.

Transactions. Negotiating and drafting gas supply and transportation agreements; capacity release and tolling arrangements; and facilities precedent agreements.

Rate Cases and Appellate Proceedings. Developing and implementing litigation and corporate strategies, preparing and drafting testimony, prosecution of rate case proceedings.  Handling appeals before FERC and federal circuit courts.

Alaska Projects. Advising clients on development of the Alaska natural gas pipeline
and resources.

Energy Legislation. Designing and implementing strategies to effect policies favorable to oil and gas producers and pipelines, as well as monitoring crucial agency or legislative developments; working on every major piece of federal energy legislation affecting domestic oil and gas production over the last two decades, including the Energy Policy Act of 2005, which confirmed FERC’s exclusive jurisdiction over LNG terminal siting, provided incentives to promote development of natural gas storage projects, and coordinated and streamlined the natural gas and LNG project permitting process.

Representative Matters

LNG Project Development

• Cove Point Expansion Project.  The firm represented Dominion Cove Point in its successful application to nearly double the size of its existing LNG import terminal near Cove Point, Maryland, and continues to represent Dominion Cove Point in other projects to upgrade and expand the facility. 
• Bradwood Landing LNG Project.  The firm represents Northern Star Natural Gas, L.L.C.which is developing the Bradwood Landing LNG import terminal in Oregon.  The firm prepared the application to construct the terminal and related pipeline facilities, which is currently pending before the FERC, and serves as project counsel in federal and state permitting issues, transactions, and related pipeline matters. 

Project Development & Construction

• Sound Energy Solutions.  The firm provides federal regulatory counsel to Sound Energy Solutions in its efforts to construct and operate an LNG import terminal in Long Beach, California, including preparation of its FERC application, federal appellate litigation, and legislative matters.  If successful, the SES project would be the first LNG import terminal in California. 
• Rockies Express Pipeline.  The firm provides federal regulatory counsel to Kinder Morgan Energy Partners with respect to all matters -- including FERC regulation, environmental compliance and strategic counseling – for the 1,600-mile, 42-inch diameter natural gas pipeline to be constructed through 8 states, from Wyoming to Ohio.  The project’s total capital cost is $4.5 billion and the pipeline, when completed, will transport 1.8 Bcf/d of natural gas. 
• Alaska Natural Gas Transportation System (ANGTS).  The firm provides comprehensive legal, regulatory (including environmental) and legislative counseling for TransCanada Gas Pipelines with respect to the ANGTS which includes a proposed 700-mile natural gas pipeline from Prudhoe Bay to the Canadian border connecting with Canadian facilities to be built from the Alaska – Yukon border to interconnects with the Alberta Hub.  This system has been the subject of several special acts of Congress (the Alaska Natural Gas Transportation Act and the Alaska Natural Gas Pipeline Act).  The systems being discussed are designed to transport approximately 4.5 Bcf/d of natural gas. 
• East Texas  Mississippi Expansion.  The firm provides comprehensive FERC regulatory counsel to Gulf South Pipeline Company for the construction of 244 miles of high pressure natural gas pipeline to connect natural gas supplies in Louisiana with pipeline interconnects in Mississippi for delivery to markets in the Midwest, East Coast, and Southeast. 
• Southeast Expansion.  The firm provides comprehensive FERC regulatory counsel for the expansion of Gulf South Pipeline Company’s mainline facilities through the construction of 112 miles of 36-inch diameter pipeline to transport Barnett Shale and Bossier Sand gas supplies in Louisiana to markets in Florida and other southeastern consumer points. 
• Kinder Morgan Louisiana Pipeline.  The firm provides comprehensive federal regulatory representation including FERC regulation, environmental compliance and strategic counseling for the development, construction and operation of a large diameter transportation header system transporting gasified LNG away from an LNG terminal on the Gulf  Coast for delivery to numerous pipeline interconnects. 

Storage Development

• Main  Pass Energy Hub™.  Van Ness Feldman is FERC regulatory counsel to Freeport McMoRan Energy L.L.C. in its application to construct and operate the Main Pass Energy Hub™, a proposed offshore LNG import terminal, undersea storage field and the associated natural gas pipeline. 
• North Lansing Storage Project.  The firm provided comprehensive FERC regulatory counsel for the expansion of Natural Gas Pipeline Company of America’s North Lansing Storage Field located in southeastern Texas.  The project included the drilling of new injection/withdrawal wells and the re-working of existing wells. 
• Jackson Storage Expansion Project.  The firm provided comprehensive FERC regulatory counsel for the expansion of Gulf South Pipeline Company’s Jackson Storage Field in Rankin County, Mississippi.  The project included drilling three new storage injection/withdrawal wells and constructing approximately 2 miles of pipeline facilities. 

Rate/Tariff Issues

• Texas Gas FERC Rate Proceeding.  The firm represented Texas Gas Transmission, LLC in its Natural Gas Act Section 4 rate proceeding before the Federal Energy Regulatory Commission, including providing comprehensive legal and regulatory counseling with respect to expert rate testimony and strategic FERC litigation matters. 
• Dominion Rate Case.  The firm represented Dominion Cove Point LNG, LP in a Natural Gas Act Section 4 rate proceeding. The firm was instrumental in developing strategy, managing discovery, and helping the client reach an uncontested settlement with Commission Staff and all active parties.