Natural Gas

Schiff Hardin has an extensive natural gas regulatory practice with experience in almost every area of the industry, representing interstate pipelines, local distribution companies (LDCs), producers, gas processors, storage companies, gas-fired generators and other end users before the FERC, Department of Energy, and the courts.

Our diverse representations and knowledge of differing market perspectives gives us an edge in representing pipelines, LDCs, gas-fired generators, and other end users of natural gas in regulatory proceedings.

Our firm's experience encompasses the full range of Federal Energy Regulatory Commission (FERC) and Department of Energy proceedings, including:

Rate cases
Rate and tariff proceedings
Complaint proceedings
Certificate applications
Enforcement actions
Supply and contract negotiations
Affiliate transactions
Rulemakings
Natural gas import authority
Judicial review

We have also counseled our clients on issues regarding the Department of Transportation, Canada's National Energy Board and various state commissions.

We have represented our natural gas clients in:

Contested gas quality proceedings before FERC
Matters regarding the interchangeability of liquefied natural gas (LNG) and potential liability for damages to gas distribution infrastructure
Complex interrelated disputes with another pipeline
Petitions for review of FERC orders. Since 2004, we have represented appellants in five cases before the court of appeals, including Columbia Gas Transmission Co. v. FERC, 404 F.3d 459 (D.C. Cir. 2005), and Columbia Gas Transmission Co. v. FERC, 448 F.3d 382 (D.C. Cir 2006). Most recently, in Washington Gas Light Company v. FERC, Case No. 07-1015 (slip. op. July 18, 2008), the court vacated FERC's orders approving the Cove Point Expansion Project in Maryland and remanded the case to FERC to further address whether the Cove Point Expansion can go forward without causing unsafe leakage on our client’s local distribution system.

We represent LDC clients throughout the United States before the FERC in rate, tariff and certificate matters involving more than ten interstate natural gas pipelines.

Our firm was selected to be lead counsel in a proceeding concerning an interstate pipeline's recovery of extraordinary gas supply realignment (GSR) costs from its jurisdictional customers. As lead counsel, we were responsible for coordinating the efforts of several law firms representing more than 35 LDCs that were contesting the pipeline's recovery of these GSR costs. This proceeding was brought to a successful conclusion through a settlement agreement that provided significant contracting benefits, as well as significant cost savings, to our clients.

Schiff Hardin attorneys have been involved in several recent FERC proceedings concerning filings by interstate natural gas pipelines and LNG facilities to obtain certificates for new facilities and authority to provide new services.