Barbara K. Heffernan

Partner

Barbara K. Heffernan concentrates her practice in energy regulation, litigation and transactions.

She is Past President of the Energy Bar Association (EBA), a national professional association of approximately 2,500 attorneys and other energy professionals. She also is a past Delegate for the EBA to the American Bar Association's House of Delegates.

Ms. Heffernan has represented numerous clients before the Federal Energy Regulatory Commission (FERC) and the federal courts for almost 30 years on a variety of matters concerning the regulation of natural gas and electricity:

• Represents gas pipelines, local distribution companies and electric utilities in various FERC compliance and enforcement matters; prepares compliance programs and training materials; prepares reports to FERC's Office of Enforcement (OE).
• Responds to data requests from OE, participates in meetings and negotiations with Staff on behalf of clients undergoing investigation by OE.
• Represented interstate pipelines in numerous proceedings before the FERC concerning:
  • Gas quality
  • Interconnection issues
  • Discounted and negotiated rates
  • Gathering services
  • Force majeure and service interruption issues

• Represented several local distribution companies (LDCs) and other shippers in proceedings before the FERC concerning the rates, terms and conditions of service offered by the interstate pipelines.
• Represented a natural gas processing company and a shipper in two FERC proceedings involving the establishment of a hydrocarbon dewpoint (HDP) safe harbor and other gas quality specifications.
• Participated in extensive proceedings on three major interstate pipeline systems to restructure all of the jurisdictional services rendered by these pipelines to our gas distribution clients. She has also provided counsel to various clients on transactional activities under the FERC's blanket certificate regulations, has procured certificate authorization associated with a service expansion project, and has negotiated and drafted contracts for the purchase of gas supplies and the procurement of transportation and storage services.
• Served as lead counsel in a proceeding concerning recovery of transition costs related to uneconomic gas supply contracts.

Experience

Ms. Heffernan represents two major interstate pipelines in rate, certificate, and enforcement matters before the FERC and the federal courts. These matters have included filings to construct new facilities and offer new services, filings to recover costs associated with the provision of interstate pipeline transmission service, and various revisions to the pipeline's tariff and pro forma service agreements.

Ms. Heffernan recently represented one of these clients with respect to a non-public investigation by OE. That matter was successfully settled. Ms. Heffernan also recently won an appeal before the D.C. Circuit for these clients related to the FERC's jurisdiction over gathering services.

Ms. Heffernan was recently involved in a successful appellate proceeding for a gas distribution company that concerned the impact of receipts of liquefied natural gas on the facilities of the distribution company. FERC's orders were vacated by the court and, on remand, FERC issued an order addressing our client's safety concerns.

She also represents a major energy company and its natural gas pipeline and electric utility subsidiaries on numerous regulatory and transactional matters before the FERC and the federal courts. Ms. Heffernan also is currently representing an electric utility in a hydro-electric licensing proceeding. The case concerns an existing unlicensed facility and raises complex issues related to the project boundary and dam safety.

Awards and Honors

The Best Lawyers in America, Energy

Washington, D.C. Super Lawyers, Energy & Natural Resources

Washington, D.C. Super Lawyers, Top 50 Women Lawyers

AV Peer Review Rated, Martindale-Hubbell

Education

Professional Memberships

American Bar Association
Section of Public Utility, Communications and Transportation Law
Section of Environment, Energy and Resources

Energy Bar Association
Past President and Board Member
Past Board Member, Charitable Foundation
Past President and Board Member, Energy Law Journal Foundation
Past Delegate to the ABA

Women's Council on Energy and the Environment