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.
Tallgrass Energy Partners, LP
370 Van Gordon St
Denver, CO 80228
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
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
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)
- 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
- Secondary Market Issues (shipper must have title requirement, prohibition on flipping and buy/sells)
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
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
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
Rates start at $215
8 min walk/0.4 miles
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:
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|Multi-Registration Discount (4th person and beyond)
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To learn more, please contact EBA, (202) 223-5625 or by email at EBA@eba-net.org.
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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 email@example.com.
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