overall favorable ruling from the US District Court for the District of Columbia , after the court denied the government ’ s motion seeking to dismiss a challenge to the Pipeline and Hazardous Materials Safety Administration ’ s decision to release the information . The litigation involves key FOIA exemptions pertaining to confidential business and sensitive security information and will have industry-wide impacts on the types of information that can be protected from public disclosure . The matter has since been remanded back to the agency . Sunoco Pipeline L . P . v . U . S . Dep ’ t of Transportation , No . 1:21-CV- 01760 ( D . D . C ).
5 . Expanding Pipeline Infrastructure : Defending Natural Gas Pipeline Expansion Projects
TC Energy — we successfully defended Gas Transmission Northwest LLC against a challenge filed by the States of California , Oregon and Washington at FERC seeking to deny an important expansion of the GTN ’ s interstate natural gas pipeline system . The expansion project , known as GTN Xpress , will facilitate the transportation of approximately 150 Mcf / d of incremental natural gas to the Pacific Northwest once it is completed . We also successfully defended GTN in another proceeding at FERC in which the Columbia Riverkeeper sought rehearing of an order approving GTN ’ s construction of a new compressor station .
6 . Settling Cases , Before and After They Are Filed : Natural Gas Rate Case Settlements
TC Energy — we represented Tuscarora Gas Transmission Company in preparing , filing , and litigating a rate case before FERC . We prepared and then filed the pipeline ’ s case in July 2022 , and then took the company through the process of FERC trial staff and intervenor discovery through fall 2022 . In parallel , we represented the company in the settlement negotiation process before a settlement judge . Our settlement discussions proceeded from October 2022 to March 2023 , culminating in a settlement in principle with staff and the intervenors . We prepared an uncontested settlement stipulation and agreement that was filed with the presiding judge for certification on March 24 , 2023 . The request for certification was approved , settling the case for an agreed upon moratorium period that lasts until December 2028 .
Tallgrass Energy Partners — we represented Tallgrass Interstate Gas Transmission LLC in connection with its negotiation and filing of an uncontested rate case settlement agreement at FERC before a formal rate case filing was required . TIGT initiated discussions with its customers in early 2023 and established an informal discovery process in connection with its efforts to reach a settlement agreement with its customers . A settlement in principle was reached in the fall and was filed at FERC on November 17 , 2023 . The settlement agreement implements a rate increase that was achieved without litigation and includes a rate moratorium through May 31 , 2027 . FERC issued an order approving the settlement agreement on December 28 , 2023 .
7 . Facilitating the Energy Transition : Natural Gas Pipeline Abandonment and Conversion to CO2 Service
Tallgrass Energy Partners — we represented Trailblazer Pipeline Company and Rockies Express Pipeline Company in connection with a new project that will involve Trailblazer converting a large portion of its system from natural gas service to carbon dioxide service . As part of the project , Trailblazer will lease capacity from Rockies Express , thereby allowing Trailblazer ’ s customers to use the leased capacity on Rockies Express to obtain the service they previously obtained on the portion of the Trailblazer system that will be converted to carbon dioxide service . The project also involves the construction of new pipeline facilities and we continue to advise Tallgrass on pipeline safety issues in connection with these and other projects , including those involving RNG . FERC granted the abandonment application in October 2023 , and we continue to represent the company in all aspects of the regulatory and commercial processes to effectuate the conversion from natural gas service to carbon dioxide service , including the negotiation and execution of multiple carbon offtake agreements in 2023 that underpin the project .
8 . Trying Cases Initiated by FERC : Completed Evidentiary Hearing in Oil Pipeline Matter
Targa Resources — we are currently representing Targa in an ongoing and closely watched FERC investigation and hearing regarding Targa ’ s Badlands crude oil pipeline system in North Dakota and the Interstate Commerce Act waivers under which it currently operates . In December 2022 , FERC ordered an investigation and hearing into Targa ’ s waivers that has potentially significant implications for the oil pipeline industry with respect to FERC ’ s ICA waiver policy . Throughout 2023 we engaged in extensive discovery and motions practice on behalf of Targa in this proceeding , culminating in November with a two-week evidentiary hearing before the presiding FERC Administrative Law Judge . An initial decision is expected in spring 2024 , with a FERC order on that decision expected thereafter . bracewell . com