Bracewell Oil & Gas Regulatory Group Top 10 Highlights 2021

2021 Oil & Gas Regulatory Group Top 10 Highlights In 2021, we handled exciting and important projects for industry leaders such as Kinder Morgan, Phillips 66, Tallgrass Energy, Targa Resources, and TC Energy among others. Over the course of the last year, we have assisted our clients with a wide array of projects, including transactions, regulatory work, commercial agreements, administrative and appellate litigation, investigations, and policy advocacy. We are grateful for the opportunities that our clients have presented to us, the successes we have helped our clients achieve, and the new challenges in the year ahead that we will tackle together. Some of our favorite projects from 2021 included:

1. Kinder Morgan, Inc. —We are representing Kinder Morgan in connection with the Notice of Inquiry (“NOI”) that FERC issued in February of 2021 seeking input on potential revisions to its current policy statement on the certification of new natural gas transmission facilities. The NOI is a critical development for the natural gas pipeline industry. Over the course of several months, Bracewell worked with Kinder Morgan to prepare extensive comments on the NOI. Bracewell also prepared comments for Kinder Morgan (and separately for two other interstate natural gas pipeline companies) in a paper hearing that FERC initiated regarding the Weymouth Gas Compressor, which is part of Algonquin Gas Transmission and Maritimes & Northeast Pipeline’s Atlantic Bridge Project. The paper hearing received significant attention in the industry and, similar to the NOI, involved consideration of issues related to the approval process for new natural gas pipeline facilities. 2. Major Interstate Pipeline Company — We are representing a major interstate pipeline company in connection with its reorganization of pipeline assets and related capacity across three of its interstate natural gas pipeline companies. Through the abandonment of several hundred miles of pipeline from natural gas service and the construction of relatively minor new natural gas pipeline facilities, the project will allow the company to make more efficient use of existing natural gas pipeline capacity and at the same time repurpose certain current natural gas assets for CO2 transportation service to support CO2 sequestration, while maintaining natural gas service for existing customers. Bracewell is advising the company on all commercial, regulatory, and environmental aspects of the project and the application seeking multiple FERC approvals for the project. The FERC application is expected to be filed in early 2022. Chambers USA 2021 Ranked Bracewell’s Oil & Gas Regulatory Practice as Band 1 for the 7th consecutive year .

3. Phillips 66 Pipeline —We are representing Phillips 66 Pipeline in support of the company’s filing at FERC to raise the rates on the Blue Line propane/butane system on a cost-of-service basis. The filing was protested, we filed an answer on behalf of Phillips 66 Pipeline, and the case was set for hearing. Settlement procedures are currently ongoing. One of the protestors is the same entity that filed a complaint last year against Phillips 66 Pipeline, which complaint we successfully defended resulting in FERC issuing an order dismissing the complaint. That order dismissing the complaint was appealed to the DC Circuit, where we briefed and argued for the company as an intervenor in support of FERC. We are awaiting a decision from the court. 4. Winter Storm Uri Investigations —We are representing a number of natural gas pipeline companies, power producers and gas and power marketers in lawsuits and investigations related to Winter Storm Uri. To date, this has included advising one or more of the clients regarding investigations being conducted by the Texas, Oklahoma and Kansas attorneys general, as well as information requests and related proceedings before FERC, the CFTC, and the FTC, in addition to representing these clients in numerous civil lawsuits involving Winter Storm Uri. 5. Targa Resources Corp. —We successfully defended Targa against a complaint filed at FERC by Enerplus Resources (USA) Corporation (“Enerplus”), claiming that Targa violated the Interstate Commerce Act in the performance of a crude oil purchase and sale agreement between Targa and Enerplus. In March 2021, FERC issued an order on the merits dismissing the Enerplus complaint as Targa had urged in its answer. Enerplus subsequently sought rehearing of the dismissal order, which Targa answered, and the rehearing request matter remains pending before FERC.

The Legal 500 US 2021 Ranked Bracewell’s Oil & Gas Regulatory Practice as Tier 1 for the 5th consecutive year.

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