EBA Primer Series: An Introduction to Federal Oil Pipeline Regulation

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Program Overview

The goal of this primer is to provide an overview of the federal economic regulation of oil and refined products pipelines. Taught by industry practitioners and regulators from the Federal Energy Regulatory Commission, the course begins with a brief overview of the oil and refined products pipeline industry and then describes key statutes and regulations governing and affecting the transportation of oil and other liquid petroleum products. Instructors explain important legal and regulatory concepts and requirements, pipeline services, the scope and limits of FERC and state jurisdiction and key issues affecting the industry.

location

Thompson & Knight LLP
811 Main St, Houston, TX 77002

Thank you to our Host & Sponsor

Thompson___Knight_logo

library  PROGRAM SCHEDULE

Wednesday, January 29

12:00 PM - 12:45 PM:  Registration and Networking Lunch

12:45 PM - 1:00 PM: Introduction, Logistics​

  • Dan FrankPartner, Eversheds Sutherland
  • Rick SmeadManaging Director, Advisory Services, RBN Energy LLC

1:00 PM - 2:00 PM: Introduction to the Oil, NGLs, and Refined Products Pipeline Industry

  • Industry Overview: Who’s Who?
  • Supply Overview
  • Pipeline Infrastructure
  • Other Modes of Transporting Oil and Refined Products

Speaker: Amy Hoff, Partner, Caldwell Boudreaux Lefler, PLLC

2:00 PM - 2:15 PM: Networking Break

2:15 PM - 3:30 PM: 

Overview of Pipeline Operations

  • Oil pipelines
  • Refined products pipeline

 Construction of Oil and Refined Product Pipelines

  • Jurisdiction over construction of oil and product pipelines
  • FERC’s role in approving new oil and product pipelines

Contracts and Policies

  • Prorationing Policies
  • Open Seasons
  • Committed Volumes vs. Uncommitted Volumes
    • Significance
    • Structure
  • Petitions for Declaratory Order (PDOs)
    • Process for Approval
    • Recent Issues

Speaker: Adrianne CookEnergy Industry Analyst, FERC Office of Energy Market Regulation

3:30 PM - 3:45 PM: Q&A on First Sessions: 

3:45 PM - 4:00 PM: Networking Break

4:00 PM - 4:45 PM:  Regulatory Basics

  • History of regulation
  • Oil pipeline economic regulation today
  • Federal and state jurisdiction

Speaker: Adrianne CookEnergy Industry Analyst, FERC Office of Energy Market Regulation

4:45 PM - 5:30 PM: Regulatory Basics Continued

  • Rate-Setting Mechanisms

Tariffs

  • Tariff Overview
  • Rates, Terms and Conditions
  • Accounting: Form 6 & Page 700

Speakers:
Derek Anderson

Adrianne CookEnergy Industry Analyst, FERC Office of Energy Market Regulation

networkofpeople 5:30 PM - 7:00 PM: Networking Reception: Hosted by Thompson & Knight LLP

Thursday, January 30

7:30 AM -  8:00 AM: Continental Breakfast 

8:00 AM - 8:05 AM: Welcome, Introduction/Recap

  • Dan FrankPartner, Eversheds Sutherland
  • Rick SmeadManaging Director, Advisory Services, RBN Energy LLC

8:05 AM - 8:30 AM: Regulatory Basics Continued

  • Rate-Setting Mechanisms

Indexed Rates

  • EPACT 92, Prevalence in Industry
  • Reflection of Tax Policy in 2020

Market Based Rates

  • What needs to be proven to be eligble
  • Process of approval and methods for challenge

Cost of Service rates

Speakers:
Derek Anderson

Adrianne CookEnergy Industry Analyst, FERC Office of Energy Market Regulation

8:30 AM - 8:45 AM:  Q&A on Regulatory Basics

8:45 AM - 9:45 AM: Cost of Service Rates

  • When are they required?
  • When can they be beneficial?
  • How are they calculated?
  • What issues show up?

Speaker: Bob Van HoeckePrincipal, Regulatory Economics Group, LLC

9:45 AM - 11:00 AM: Litigation

  • Tariff filings
  • Complaints
  • Market-based rate and negotiated rate litigation issues

FERC-initiated rate investigations

  • The hearing process
  • Rate examination
  • Trends in litigation

Speaker: Glenn BensonPartner, BakerHostetler

11:00 AM - 11:15 AM: Networking Break

11:15 AM - 12:30 PM: Policies and Current Issues

  • Jurisdictional issues
  • Significant rulemakings
    • The Magellan decision's meaning for the industry
    • Setting the rate index for 2021-26
  • Significant court decisions

Speaker: Shannon ColemanAssistant General Counsel, Tallgrass Energy

12:30 PM - 12:45 PM: Wrap-up & Conclusion; Rick SmeadManaging Director, Advisory Services, RBN Energy LLC

Speakers and Bios

Derek_Anderson Glenn_Benson Michelle-Boudreaux Coleman,_Shannon Adrianna_Cook Frank,_Dan Bob_Van_Hoecke Rick_Smead

Derek Anderson, Senior Counsel, Caldwell Boudreaux Lefler, PLLC
Glenn BensonPartner, BakerHostetler
Amy Hoff, Partner, Caldwell Boudreaux Lefler, PLLC
Shannon ColemanAssistant General Counsel, Tallgrass Energy
Adrianne Cook, Energy Industry Analyst, FERC Office of Energy Market Regulation
Dan FrankPartner, Eversheds Sutherland
Bob Van HoeckePrincipal, Regulatory Economics Group, LLC
Rick SmeadManaging Director, Advisory Services, RBN Energy LLC

hotel  HOTEL: 

EBA has not secured a room block for this meeting, however the following hotels are within a 3 block radius of: 

AC Hotel by Marriott Houston Downtown

723 Main St,
Houston, TX 77002

932-516-6635
Rates start at $160
2 min walk/0.1 miles

JW Marriott Houston Downtown​

806 Main St,
Houston, TX 77002
713-237-1111
Rates start at $200
2 min walk/0.1 miles

Magnolia Hotel Houston, a Tribute Portfolio Hotel​

1100 Texas Ave,
Houston, TX 77002
713-221-0011
Rates start at $170
4 min walk/ 0.2 miles

cleapproved   CONTINUING LEGAL EDUCATION (CLE):

Program is pending approved in VA, TX, NY CLEEach state has its own rules and regulations regarding "CLE". For questions on CLE email EBA-CLE@eba-net.org. To assure accreditation, you MUST include your BAR # AND STATE with your registration.  ONLY REGISTERED ATTENDEES ARE ELIGIBLE FOR CLE

info   REGISTRATION INFORMATION:

Registration includes the two-day Primer, electronic attendee handouts, lunch, breakfast, breaks, and reception.

Primer registrations will only be accepted when accompanied by a check, money order, government purchase order/training form or credit card information and may be limited by the capacity of the facilities. Registrations will not be held without payment.

EBA’s Primer Series pre-registration closes on January 27th. Thereafter, registrations can only be taken on-site at the conference.

fees   REGISTRATION FEES:

Type Member Rate Non-Member Rate
Attorney/Energy Professional $400 $425
Young Lawyer $325 $425
Government- Attorney/ EP/Academic $375 $425
Solo Attorney/Small Firm $400 $425
Student $150 $425
Remote Participation $300 $325
Multi-Registration Discount (4th person and beyond) $350 NA

*For firms registering 4 people or more, at the same time, EBA will provide you a group discounted registration rate of $350 per person for the 4th person and beyond. Applies to Private and Energy Professional members only. All attendees in the group must be members. Contact mmfrank@eba-net.org for more information. 

THREE WAYS TO REGISTER

1.   Online:  Register Online

2.   Fax your completed REGISTRATION FORM with payment to EBA: (202) 833-5596

3.   Mail your REGISTRATION FORM and payment to EBA, 2000 M St. NW, Suite 715, Washington, DC 20036

 policy_icon policies 

To learn more, please contact EBA,  (202) 223-5625 or by email at EBA@eba-net.org.

CANCELLATION POLICY:

Refunds will be given to registrants who submit written cancellation to the address shown on the registration form by 1/27/2020, less a $50 administrative fee. The cancellation policy also applies to registration forms that are received and accepted after the deadline date. No refunds will be given after 1/27/2020. If a cancellation is requested after the deadline and accepted, there will be a $100 administrative fee. Substitutions are acceptable by 1/27/2020 (non-members substituting for members will be charged the difference between the member and non-member fees). Please note that regardless of the date the cancellation notice is received, no refunds will be processed until after the program. Confirmations will be sent to registrants via email if an address is provided.

SPECIAL ACCOMMODATIONS

Persons in need of special accommodation should inquire with Lisa Levine, Chief Executive Officer, llevine@eba-net.org at the EBA office.

EBA HARDSHIP POLICY

EBA offers eligible student, government, and academic members’ discounts on the rates for most EBA programs which carry CLE credits, including EBA’s Annual and Mid-Year meetings. EBA will, on a case-by-case basis, consider requests from members to attend EBA programs at discounted rates. Discount requests must be made to EBA’s office at least fifteen days prior to the close of regular registration for the program in question. Requests will be considered by EBA if timely and complete. Discount requests must demonstrate a substantial financial hardship. Please submit your request to llevine@eba-net.org.

DIVERSITY & INCLUSION

The Energy Bar Association (“EBA”) is committed to the goals of fostering an inclusive and diverse membership and increasing diversity across all levels of the Association.  Attorneys and energy professionals in the energy field are welcome to join our ranks, regardless of race, creed, color, gender (including gender identity or expression), sexual orientation, family and marital status (including pregnancy), family responsibilities, religion, national origin, age, personal appearance, political affiliation, veterans status, disability, source of income (government, solo, corporate, firm practice), or place of residence or business (geographic diversity) and are encouraged to become active participants in the Association’s activities.

pictures   PHOTOGRAPHS:

By registering for this program, you authorize EBA to use any photographs taken of you during the event. Photographs may be used in promotional materials or stories that appear in professional publications and websites.