Overview

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

Barbara has represented numerous clients before the Federal Energy Regulatory Commission (FERC) and the federal courts for more than 30 years on a variety of matters concerning the regulation of natural gas and electricity. These include representing gas pipelines, local distribution companies, and electric utilities in various FERC compliance and enforcement matters; preparing compliance programs and training materials; preparing reports to FERC’s Office of Enforcement (OE), responding to data requests from OE, participating in meetings and negotiations with staff on behalf of clients undergoing investigation by OE.

Barbara represents 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.

  • Experience

    • Barbara 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.
    • Barbara recently represented one of these clients with respect to a non-public investigation by OE. That matter was successfully settled. She also recently won an appeal before the D.C. Circuit for these clients related to the FERC’s jurisdiction over gathering services.
    • Barbara was recently involved in a successful appellate proceeding for a gas distribution company that concerns 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. Barbara 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.
    • Barbara 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.
    • She 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.
    • Barbara also 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.
    • She has served as lead counsel in a proceeding concerning recovery of transition costs related to uneconomic gas supply contracts.
  • Credentials

    Education

    • The Catholic University of America Columbus School of Law, J.D., 1978
      Catholic University Law Review, Member and Managing Editor
    • University of Maryland, B.A., 1975

    Bar Admissions

    • District of Columbia
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. Court of Appeals for the District of Columbia Circuit

          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 ABA
          • Women’s Council on Energy and the Environment
        • Insights

          TITLE
          News Release

          Barbara Heffernan Named to 2018 Washington D.C. Super Lawyers List

          Partner Barbara Heffernan has been recognized on the 2018 Washington D.C. Super Lawyers list in its Energy & Resources category.

          News Release

          Schiff Hardin Lawyers Named to 2018 The Best Lawyers in America

          Schiff Hardin is pleased to announce that five attorneys have been named a “Lawyer of the Year” in the 2018 edition of The Best Lawyers in America©.

          News Release

          53 Schiff Hardin Attorneys Recognized in The Best Lawyers in America© 2017

          Three Schiff Hardin attorneys also received the prestigious Best Lawyers’ 2017 “Lawyer of the Year” award.

          News Release

          Five Schiff Hardin Lawyers Named to 2016 Washington D.C. Super Lawyers, Rising Stars Lists

          The Super Lawyers selection methodology includes a statewide nomination process, peer review by practice area, and independent research on candidates.

          News Release

          63 Schiff Hardin Attorneys Listed in The Best Lawyers in America 2016

          Of the 64 Schiff Hardin attorneys honored by Best Lawyers, three Schiff Hardin attorneys were also nominated for Best Lawyers’ 2016 “Lawyer of the Year” in Chicago