Energy Law Academy 101: FERC Regulation of Natural Gas

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Program Overview

The goal of Course 101 is to provide an overview of the federal regulation of the natural gas industry by the Federal Energy Regulatory Commission. Taught by industry practitioners and regulators from FERC, the course begins with a brief overview of the natural gas industry, including the production, gathering, transportation, distribution, and storage of natural gas. The course describes key statutes governing and affecting the interstate transportation of natural gas and discusses key legal milestones. Instructors explain important regulatory concepts, pipeline services, and the scope and limits of FERC jurisdiction. The course covers key sections of the NGA, including imports and exports under Section 3; construction and abandonment under section 7; ratemaking under sections 4 and 5; and enforcement issues.

Virtual Program

SPONSORSHIP OPPORTUNITIES:

Energy Law Academy Sponsorship Levels & Benefits

$500: Sponsor One complimentary registration Logo featured in all event marketing circulated to over 5,000 attorneys & energy professionals twice Listed in materials circulated to all attendees Verbal recognition at the opening by Chapter President during welcome remarks Recognition on the conference webpage Logo recognition on social media Recognition on the recording that will be offered in our e-Library. Please contact Lisa Levine with questions and to secure your sponsorship:  llevine@eba-net.org

 

  PROGRAM SCHEDULE

WHAT IS NATURAL GAS?
Where is it produced?
How is it used?

Speaker:  Janna Romaine Chesno, Senior Counsel, Regulatory Projects & Policy, Cheniere Energy Inc.

HISTORICAL PERSPECTIVE AND INDUSTRY OVERVIEW
Who’s who in the industry?
What is FERC?
Physical and Financial Markets

Speaker:  David D'Alessandro, Partner, Stinson, LLP

LEGAL OVERVIEW: KEY STATUES 
Natural Gas Act
Natural Gas Policy Act of 1978
Wellhead Decontrol Act of 1989
Energy Policy Act of 2005
Pipeline Safety Act

Speaker: 

SCOPE AND LIMITS OF FERC JURISDICTIONS
Traditional bundled pipeline services
Pipeline services unbundle
Anatomy of a FERC Pipeline Tariff
Pipeline configurations (long-line vs. reticulated)
Scope and Limits of FERC’s Jurisdiction
Natural Gas Act: FERC’s regulation of “natural gas companies” and what FERC does not regulate
FERC’s jurisdiction under § 311 of the Natural Gas Policy Act

Speaker: 

REGULATION OF PIPELINE SAFETY/PHMSA
Pipeline and Hazardous Materials Safety Administration (PHMSA)
Current rules and recent history
Pending or upcoming rules
State regulation of pipeline safety

Speaker: Susan Olenchuk, Partner, Van Ness Feldman, LLP

NATURAL GAS ACT SECTION 3: IMPORTS AND EXPORTS
Role of FERC
Role of Department of Energy
Statutory Standard
LNG Exports

Speaker:

NATURAL GAS ACT SECTION 7: CONSTRUCTING AND ABANDONING PIPELINES 
Statutory Standards
Construction Policy Statement
Pre-Application Requirements (open Seasons, pre-filing requirements)
Initial Rate-Setting Authority
Abandonment issues
Storage

Speakers: 
James (Jay)M. Costan, Partner, Dentons US LLP
Michael Diamond, Partner, Van Ness Feldman LLP

KEY REGULATORY CONCEPTS
Just and reasonable
Undue preferences
Undue discrimination
Similarly situated

Speaker: David D'Alessandro, Partner, Stinson, LLP

NATURAL GAS ACT SECTIONS 4 & 5:  SETTING RATES AND TERMS AND CONDITIONS OF SERVICE 
Sections 4 & 5
Filed Rate and Mobile-Sierra Doctrines
Rate setting objectives
Cost-based rates vs. Market-based rates
Recourse rates, discounted rates and negotiated rates

Speaker:  Michael Goldenberg, Federal Energy Regulatory Commission

COST OF SERVICE RATEMAKING
Determining regulated rates
Revenue Requirement
Cost Functionalization
Cost Classification and FERC Uniform System of Accounts
Cost Allocation
Rate and Tariff Design

Speakers:  David Haag, President and CEO, Brown, Williams, Moorhead & Quinn, Inc.
Richard Smead, Managing Director, Advisory Services, RBN Energy LLC

KEY RATE CASE ISSUES (DEPR, ROR, Cost Allocation for Expansions)
Depreciation
Rate of Return/Impact of MLPs
Cost Allocation for System Expansions

Speaker: 

EMERGING RATE CASE ISSUES 
Impact of Shale
Recovery of Regulatory Compliance and Infrastructure Upgrade Costs
Income Tax Allowances and Income Tax Rate Changes
Impacts of evolving Environmental Legislation

Speakers: David D'Alessandro, Partner, Stinson LLP
David Haag, President and CEO, Brown, Williams, Moorhead & Quinn, Inc.

ENFORCEMENT ISSUES
Secondary Market Issues (shipper must have title requirement, prohibition on flipping and buy/sells)

Speakers:  Jay Costan, Partner, Dentons US LLP
Robert Fleishman, Partner, Kirkland & Ellis, LLP

WRAP UP AND CLOSING

 

   CONTINUING LEGAL EDUCATION (CLE):

EBA will ordinarily seek CLE from CO, VA, NY, CA & PA.   Additionally, some states allow attorneys to earn credit through reciprocity or self-submission. View accreditation information for your state at https://www.americanbar.org/events-cle/mcle/. 

The following states have been approved or are pending:

• Approved: 
• Pending: CO, VA, NY, CA & PA (up to 9 hours)

If you require CLE in another state not listed here, please contact Lisa Levine at LLEVINE@EBA-NET.ORG.

   REGISTRATION FEES:

Register Now

Type	Member Rate	Non-Member Rate
Registration	$300	$350
Student	$95	$350
Multi-Registration Discount (4th person and beyond)	$275	NA

 

*For firms registering 4 people or more, at the same time, EBA will provide you a group discounted registration rate of $275 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. 

  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 7/19/2021, 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 7/19/2021. If a cancellation is requested after the deadline and accepted, there will be a $100 administrative fee. Substitutions are acceptable by 7/19/2021 (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.

   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.