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About Kirk

Kirk's practice focuses on complex energy issues, but clients can count on him to make things understandable and be commercially minded. According to Chambers USA, 2018, clients comment “Kirk has a deep understating of the regulator with whom we interact; he has been instrumental in guiding our transactions in a way that satisfies our commercial needs while complying with sometimes arcane regulatory requirements” and that he is a “very talented attorney.”

Kirk provides strategic advice to oil and gas pipelines and project developers with respect to jurisdictional issues, rate options, capacity allocation methodologies, regulated practices, and business opportunities. He is regularly called upon by pipeline clients and developers regarding new infrastructure projects, including greenfield pipelines and expansion projects. This requires him to lead clients through the process of preparing open season materials, negotiating and drafting precedent and transportation agreements, and preparing tariffs. Kirk also works closely with clients to obtain regulatory approvals required for new pipeline infrastructure.

In addition to the matters he routinely handles for pipeline companies, Kirk works with producers, marketers, and end users in connection with oil and gas transactions and compliance with Federal Energy Regulatory Commission requirements.  Kirk also helps institutional investors and private equity funds understand and navigate the energy regulatory requirements applicable to oil and gas investments, mergers, acquisitions, and restructuring transactions.

Kirk Morgan is ‘at the cutting edge of regulatory issues in the oil and gas space; his mastery of this area helps us successfully navigate sometimes rough waters.’
Chambers USA, 2019

Experience

Recent Notable Matters

Kinder Morgan, Inc. — regulatory and commercial counsel for the approximately $2.0 billion Permian Highway Pipeline Project, designed to transport up to 2.0 billion cubic feet per day of natural gas

Kinder Morgan, Inc. — regulatory and commercial counsel for the approximately $1.7 billion Gulf Coast Express Pipeline Project, designed to transport up to 1.92 billion cubic feet per day of natural gas

Enterprise TE Products Pipeline Company LLC — regulatory and commercial counsel associated with the rate structures, terms of service, and proration procedures associated with the expansion of its existing liquids pipeline system

Enterprise Crude Pipeline LLC — regulatory and commercial counsel associated with the rate structures, terms of service, and proration procedures associated with the expansion of its existing liquids pipeline system

Enterprise Products Partners, L.P. — representation in disputed matter before FERC concerning policies and rules applying to liquids pipelines and their marketing affiliates

Apache Corporation — regulatory, commercial, and transactional counsel associated with its strategic partnership with EPIC Midstream Holdings, LP and Noble Energy Inc. to develop the EPIC Crude Oil Pipeline, including transportation service agreements, tariffs and related regulatory matters

Apache Corporation — regulatory, commercial, and transactional counsel associated with its formation of SCM Alpine, LLC, which will own and operate a greenfield NGL y-grade pipeline, including transportation service agreements, tariffs and related regulatory matters

Talen Energy Corporation — regulatory, commercial, and transactional counsel associated with $189 million sale of Interstate Energy Company LLC, the owner of a natural gas and oil pipeline located in Pennsylvania, to Adelphia Gateway, LLC, a subsidiary of New Jersey Resources Corporation

Joint venture — regulatory, commercial, and transactional counsel associated with the preparation, filing and prosecution of an application for FERC certificate approval of an approximately 255 mile interstate natural gas transmission pipeline to deliver 1.5 billion cubic feet per day of natural gas from receipt points in eastern Ohio to existing pipeline system interconnects in southeastern Michigan

Targa Resource Partners LP — representation in FERC rate cases for an interstate natural gas pipeline subsidiary

Altus Midstream Pipeline LP — regulatory and commercial counsel regarding intrastate pipeline, including counsel associated with services provided pursuant to Section 311 of the Natural Gas Policy Act of 1978

Targa Midland Gas Pipeline LLC — regulatory and commercial counsel regarding intrastate pipeline, including counsel associated with services provided pursuant to Section 311 of the Natural Gas Policy Act of 1978

TPL SouthTex Transmission Company LP — regulatory and commercial counsel regarding intrastate pipeline, including counsel associated with services provided pursuant to Section 311 of the Natural Gas Policy Act of 1978

Noble Energy and Noble Midstream Partners LP — regulatory and commercial counsel in connection with FERC waivers certain Interstate Commerce Act requirements for oil facilities

Multiple Interstate Natural Gas Pipeline Companies — conduct internal reviews and provide regulatory counsel concerning compliance with FERC’s standards of conduct policies and procedures

Multiple Natural Gas Gathering Companies — conduct jurisdictional analysis of existing and planned gathering facilities

Multiple Liquids Pipelines — conduct jurisdictional analysis of existing and planned pipeline infrastructure

Multiple Liquids Pipelines — conduct internal reviews and provide regulatory counsel concerning compliance with the requirements of the Interstate Commerce Act

Midstream company — regulatory, commercial, and transactional counsel associated with the construction and operation of oil pipeline gathering systems in the Denver Basin and Permian, including the preparation of open season materials, the negotiation of service agreements, and obtaining FERC approval of terms and conditions of service

Castleton Commodities Merchant Trading L.P.; Apache Corporation; Noble Energy; J.P. Morgan Ventures Energy Corporation; Shell Energy North America (US), L.P.; Pioneer Natural Resources USA, Inc.; El Paso Marketing Company, L.L.C. and others — counsel regarding capacity release issues in the context of transactions and related capacity release waivers from FERC

Interstate Natural Gas Storage Company — representation in confidential FERC enforcement matter

Kinder Morgan Border Pipeline LLC and Kinder Morgan Texas Pipeline LLC — regulatory counsel for project expanding cross border natural gas pipeline facilities

EQT Gathering LLC — regulatory counsel in connection with obtaining a limited jurisdiction certificate from FERC for new compressor units to be used for both transmission and gathering purposes

Publications and Speeches

Chair, Platts Annual Pipeline Development and Expansion Conference, 2013-2016.

“Reasonable Rates of Return Benefits Pipelines and Shippers Alike,” Pipelines & Gas Journal, October 2016.

“Court Decision Could Change Tax Burden on Pipeline MLPs,” Midstream Business, July 2016.

“Another Bite at the Apple: Renegotiating Rates with Distressed Shippers,” Pipelines & Gas Journal, July 2016.

“Handling Change Management,” Midstream Business, February 2016.

“Credit Challenges to Project Development,” Midstream Business, July 2015.

Credentials

Education

Catholic University of America, Columbus School of Law,
J.D.
2001
magna cum laude
Catholic University of America,
Bachelor of Arts
1998
summa cum laude

Bar Admissions

District of Columbia
Maryland

Affiliations

Energy Bar Association

News

News

Handling Change Management

February 12, 2016
Midstream Business

Weil, Bracewell Advise on Kinder Morgan Deal: Business of Law

August 12, 2014
Bloomberg Businessweek - Online

A decade of dynamic energy growth

March 14, 2014
Oil & Gas Financial Journal

Pipelines for New Energy

April 1, 2013
Energy and Mining Magazine

Pipelines for New Energy

April 1, 2013
Energy and Infrastructure

Oil shipments by rail on rise

October 27, 2012
Advocate, The

An uneven playing field exists in oil vs gas pipeline development

October 1, 2011
Oil & Gas Financial Journal - Online

Insights

Insights

FERC Rejects Marketing Affiliate Petition

Can a marketing affiliate of an oil pipeline purchase transportation at the filed tariff rate and then re-sell this capacity at a lower, non-public rate without running afoul of the Interstate Commerce Act’s prohibition on rebates? On November 22, 2017, the Federal Energy Regulatory Commission (“FERC”) issued an order that addressed...

D.C. Circuit Overrules FERC on Partnership Pipeline’s Tax Recovery

In a July 1 decision with major rate implications for FERC-regulated oil and gas pipelines, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or the “Court”) sided with shippers in an appeal of a Federal Energy Regulatory Commission (“FERC”) decision regarding the tax allowances that FERC has allowed oil pipelines to include as a component of their cost of service transportation rates. [1] The Court’s decision in United Airlines, et al. v. FERC, et al. strikes at the ability of interstate oil pipelines structured as partnerships to account for income...

Court Finds FERC Overstepped Jurisdictional Boundaries with Order 720

October 25, 2011

A panel of the United States Court of Appeals for the Fifth Circuit has vacated the Federal Energy Regulatory Commission's (FERC) Order Nos. 720 and 720-A , which imposed new requirements on non-interstate pipelines not normally subject to FERC's jurisdiction over interstate natural gas pipelines. In an October 24, 2011 decision , the Court concluded that the orders exceed the scope of FERC's statutory authority under the Natural Gas Act of 1938 (NGA). In their petitions for review of the orders, the Texas Pipeline Association and the Railroad Commission of Texas argued that FERC had exceeded...

Noteworthy

Noteworthy

Chambers USA
Nationwide Energy: Oil & Gas (Regulatory & Litigation), 2010 - 2019
The Legal 500 United States
Energy Regulatory: Oil and Gas, 2017 - 2019; Energy: Regulatory, 2012 - 2016; Energy Litigation: Oil and Gas, 2019
Euromoney Institutional Investor PLC
IFLR1000 Financial & Corporate Guide
2018 - 2019
Woodward/White, Inc.
Best Lawyers
Energy Law, 2018 - 2019, Oil and Gas Law, 2018 - 2019

Events

Past Events