5th Annual Oil & Gas Pipeline Regulatory Group Top 10 Matters - 2023 | Page 2

2023 Year in Review

We are grateful for the opportunities that our clients have presented to us and the successes we have helped our clients achieve over the past year , and we look forward to the new challenges in the year ahead that we will tackle together . In 2023 , we handled exciting and noteworthy projects for industry leaders such as Colonial Pipeline , DT Midstream , Enbridge , Enterprise , Kinder Morgan , Phillips 66 , Tallgrass Energy , Targa Resources , and TC Energy , among others . We also represented the foremost industry trade group associations on key issues , including the Liquid Energy Pipeline Association , the Interstate Natural Gas Association of America , and the American Petroleum Institute . Over the course of the last year , we have assisted our clients with a wide array of new infrastructure projects , extensive litigation before federal agencies and courts , important policy proceedings , numerous investigations , and substantial transactions . In addition to advising on oil and gas matters , we continue to represent our clients on opportunities and projects related to carbon capture and sequestration , hydrogen , and other aspects of the energy transition .
Adding to our list of 2023 highlights , we welcomed Partner Eugene Elrod , a highly respected member of the oil and gas regulatory bar and ranked Band 1 by Chambers USA for Energy : Oil & Gas ( Regulatory & Litigation ), to our team in our Washington , DC office . We also welcomed Associate Samuel Lombardo , previously a trial attorney at FERC ’ s Office of Administrative Litigation , to our team in Washington , DC .
Our top 10 matters in 2023 were :
1 . Settling Cases Initiated by FERC : Settlement of Stagecoach Section 5 Rate Investigation
Kinder Morgan — we represented Stagecoach Pipeline & Storage Company in the rate investigation that the FERC initiated pursuant to Section 5 of the Natural Gas Act . This was only the fourth Section 5 case initiated by FERC since 2018 and second Section 5 case we have handled for a pipeline in the last two years . After extensive negotiations with FERC Staff and its customers over a period of months , Stagecoach filed an uncontested settlement on May 1 , 2023 . The settlement includes a rate moratorium through December 31 , 2026 . FERC approved the settlement in an order issued on July 13 , 2023 .
2 . Expanding Pipeline Infrastructure : New Natural Gas Pipeline Project
Kinder Morgan — we are currently representing Kinder Morgan subsidiary Wyoming Interstate Company , L . L . C . in connection with its request for authorization pursuant to Section 7 of the Natural Gas Act to lease 300,000 dekatherms per day of capacity on the Northern Border Pipeline Company , Bison Pipeline LLC and Fort Union Gas Gathering , L . L . C . systems . The authorizations requested will create a new seamless transportation path on WIC across four pipeline systems , facilitating a new outlet for natural gas from the Bakken . The applications seeking approval of this new pipeline project were filed in September of 2023 and are currently pending before FERC .
3 . Getting Ready to Try Cases : Preparing for Oil Pipeline Rate Case
Phillips 66 Pipeline — we are leading the litigation effort , advising on strategic issues and coordinating case response and strategy for P66 Pipeline in consolidated rate cases . P66 Pipeline owns and operates multiple liquids pipelines across the United States , including the Blue Line , which transports propane and butane in the Midwest . In late 2021 , P66 Pipeline filed at FERC to increase its rates to recover the significant capital costs expended to modernize its pipeline . The rate increase filing was protested by two entities , NGL Supply Wholesale and MFA Oil Company . P66 Pipeline filed a second rate case in December 2022 , referred to as a pancaked rate case , on top of the first case still pending . This second case reflected additional capital costs associated with the pipeline integrity work that gave rise to the first rate case as well as lower volumes . Again , NGL / MFA protested . Throughout 2023 , we were engaged in hearing preparation , including assisting our client with pre-filed testimony , engaging in extensive discovery , and related pre-hearing work . The case is expected to go to hearing in early 2024 with extensive ongoing work through then .
4 . Protecting Our Clients Information : Reversal of FOIA Action
Sunoco Pipeline LP — we achieved a favorable ruling for Sunoco in a rare reverse FOIA action related to the protection of highly confidential and sensitive security risk consequence modeling data . Our preeminent pipeline safety team secured an bracewell . com