Energy Law Academy 101: FERC Regulation of Natural Gas

101

Register Now

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.

Location:

Tallgrass Energy Partners, LP
370 Van Gordon St
Denver, CO 80228

library  PROGRAM SCHEDULE

What is Natural Gas?

  • Where is it produced?
  • How is it used?

Historical Perspective and Industry Overview

  • Who’s who in the industry?
  • What is FERC?
  • Physical and Financial Markets

Legal Overview: Key Statutes

  • Natural Gas Act
  • Natural Gas Policy Act of 1978
  • Wellhead Decontrol Act of 1989
  • Energy Policy Act of 2005
  • Pipeline Safety Act

Pipeline Services

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

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

Natural Gas Act Section 3:  Imports and Exports

  • Role of FERC
  • Role of Department of Energy
  • Statutory Standard
  • LNG Exports

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

Key Regulatory Concepts

  • Just and reasonable
  • Undue preferences
  • Undue discrimination
  • Similarly situated

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

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

Key Rate Case Issues (DEPR, ROR, Cost Allocation for Expansions)

  • Depreciation
  • Rate of Return/Impact of MLPs
  • Cost Allocation for System Expansions

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

Enforcement Issues

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

hotel  HOTEL: 

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

Sheraton Denver West Hotel
360 Union Blvd
Lakewood, CO 80228
303-987-2000
Rates start at $242
8 min walk/0.4 miles

Fairfield Inn & Suites by Marriott Denver West/Federal Center
140 S Union Blvd
Lakewood, CO 80228
303-233-3133
Rates start at $179
12 min walk/0.6 miles

Home2 Suites by Hilton Denver West - Federal Center, CO
50 Van Gordon St,
Lakewood, CO 80228
303-985-7100
Rates start at $215
8 min walk/0.4 miles

cleapproved   CONTINUING LEGAL EDUCATION (CLE):

EBA will seek up to x hours CLE in 60-minute states and x hours CLE in 50-minute states.  EBA will ordinarily seek CLE from 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: 

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

fees   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. 

 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 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.

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.