Bracewellʼs Oil & Gas Regulatory Group 2019 Top 10 Highlights

Bracewellʼs Oil & Gas Regulatory Group 2019 Top 10 Highlights

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1. Market-Based Rate Authority for Oil Pipeline: We represented TC Energy in the successful preparation, filing, and prosecution of an application at FERC for market-based rate authority for its Marketlink crude oil pipeline. We filed the application on July 24, 2019 and the FERC issued an order granting market-based rate authority as requested on December 9, 2019. 2. Oil Pipeline Tariff Modernization: We represented Enterprise Products to modernize, update, and conform various provisions of numerous FERC Tariffs for liquids pipelines addressing topics such as creditworthiness, new shipper allocations, and nomination protocols. As part of this effort, numerous liquids pipeline tariffs were filed at FERC and went into effect. 3. Natural Gas Pipeline FERC Certificate: Having successfully represented NEXUS Gas Transmission through the FERC certificate process, we successfully supported FERC’s defense of its certificate order authorizing the construction and operation of the Nexus project before the DC Circuit. On September 6, 2019, the DC Circuit issued an opinion in City of Oberlin v. FERC rejecting the petitioners’ challenges to FERC’s certificate orders except for one issue remanded to FERC for further explanation. 4. 2019 Midwest Propane Situation: We represented Enterprise Products in the process convened by FERC for industry participants to work collaboratively to mitigate the risk of a propane shortage in the Midwest in the late fall and early winter of 2019 resulting from the confluence of a late crop drying season and early winter heating season. This process included Enterprise Products proactively initiating new propane service on one of its pipelines to alleviate supply concerns in the region. 5. Intrastate Pipeline Projects: We represented Kinder Morgan in connection with commercial, regulatory, and transactional issues associated with the Gulf Coast Express pipeline. The new $1.75 billion natural gas pipeline is designed to transport up to 2 Bcf/d in gas from the Permian to the Gulf Coast. The pipeline commenced interstate transportation services under Section 311 of the Natural Gas Policy Act on September 25, 2019. We are also representing the company in connection with its Permian Highway Pipeline Project, an approximately $2 billion project designed to transport an additional 2 Bcf/d from the Permian through 430 miles of 42-inch pipeline from the Waha, Texas area to the US Gulf Coast and Mexico markets. 6. Standards of Conduct Counsel: For two different major interstate natural gas pipeline companies, we conducted an extensive review of each company’s rules and procedures for compliance with FERC’s Standards of Conduct. One internal review involved multiple employee interviews and culminated in an extensive report and proposed changes intended to streamline the company’s compliance with the Standards of Conduct. The other project involved the detailed assessment of Standards of Conduct compliance associated with development of new projects. These projects required careful consideration of interconnected regulatory and commercial considerations and provided each company with more flexibility to pursue certain market opportunities while maintaining compliance with applicable regulatory requirements. 7. New Crude Oil Pipeline Projects: We represented Phillips 66 in connection with the Gray Oak Pipeline project, a joint venture with Marathon and Enbridge to develop and operate a new 850-mile pipeline to transport approximately 900,000 bpd of crude oil from the Permian to certain Gulf Coast destinations. Commencing in 2017, our representation of Phillips 66 on the Gray Oak project has included both extensive commercial and regulatory advice, and in 2019 we helped Phillips 66 finalize the commercial agreements and terms of committed service that underpin the project. The Gray Oak pipeline commenced initial service in November 2019, and full service is expected in 2020. We have also represented Phillips 66 in connection with regulatory and commercial issues associated with its Red Oak, Liberty, and ACE crude oil pipeline projects. 8. New NGL Pipeline Project: We have represented Targa in connection with regulatory and commercial matters since 2017 with respect to the Grand Prix pipeline, an approximately $1.4 billion pipeline transporting NGLs from natural gas processing facilities in the Permian to the Mont Belvieu fractionation and storage hub near the Texas Gulf Coast. In August 2019, Grand Prix commenced deliveries to Mont Belvieu, and we advised Targa on the underlying commercial agreements and terms of service, and on regulatory matters including preparing and filing the final tariffs for service with FERC. 9. Oil Pipeline Litigation: We are counsel for Phillips 66 Pipeline LLC and Phillips 66 Company in connection with a complaint filed by NGL Supply Wholesale at FERC on December 3, 2019. We also represented Phillips 66 Pipeline LLC in response to a petition that NGL Supply Wholesale filed (and subsequently withdrew) asking FERC to require the pipeline to prioritize propane transportations services, citing alleged emergency conditions. 10. NGPA Section 311: We represented several intrastate pipelines with respect to complicated FERC regulatory issues associated with providing service in interstate commerce, including rate change filings, modifications to statements of operating conditions and establishment of initial rates and new statements of operating conditions. In 2019, we handled exciting and important projects for industry leaders such as DTE Midstream, Enterprise Products, Kinder Morgan, TC Energy, Pembina, Phillips 66, Targa Resources, Williams, and many others. Some of our favorite projects included:

Chambers USA ranked Bracewellʼs Oil & Gas Regulatory Practice as Band 1 for the 5th consecutive year.

Mark K. Lewis Managing Partner, Washington, DC T: +1.202.828.5834 E:

Mark Lewis serves as managing partner of the firm’s Washington, DC office. His practice focuses on oil and gas pipeline and related midstream commercial and regulatory matters. Mr. Lewis’ clients primarily own, operate, develop and invest in oil and gas pipelines and related infrastructure. He represents those clients in the commercial development of new oil and gas infrastructure, regulatory approvals and compliance, as well as disputes before regulatory agencies. “very commercially minded, creative and solution-focused,” according to market sources. Clients praise Lewis for his “responsive and practical” approach. Chambers USA (2019)

D. Kirk Morgan II Partner, Washington, DC T: +1.202.828.5854 E:

Kirk Morgan focuses on oil and gas projects, transactions and controversies. His clients include oil and gas midstream infrastructure developers, owners, operators and investors. Mr. Morgan regularly advises clients regarding new infrastructure projects, including both new greenfield pipelines and expansions of existing pipelines. He also advises institutional investors and private equity funds on the energy regulatory requirements applicable to oil and gas investments, financings, mergers and acquisitions, and restructuring transactions. “at the cutting edge of regulatory issues in the oil and gas space; his mastery of this area helps us successfully navigate sometimes rough waters,” reports a client. Sources say: “He knows the federal regulatory schemes backwards and forwards; he steps up to the plate time and time again.” Chambers USA (2019)

George D. Fatula Partner, Washington, DC T: +1.202.828.5819 E:

George Fatula focuses on oil and gas transactions, regulatory matters, projects and controversies. His practice combines transactional and regulatory matters to advise clients on the regulatory implications of project development, investment and other commercial transactions. Mr. Fatula also advises on regulatory and compliance matters related to commodity and derivatives transactions, including Dodd-Frank compliance related issues and agreements. is an “up-and-coming star in the energy regulatory space,” according to clients. He fields expertise across a range of oil and gas matters, from regulatory and compliance issues to transactions and controversies. Sources say he is “very practical, responsive and commercially minded. He has an encyclopedic knowledge of regulation. He is impressive because he is so accomplished at such a young age.” Chambers USA (2019)


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