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About George

George Fatula’s practice focuses on energy-related transactions, regulatory matters, projects, and controversies.  George has extensive experience navigating the intersection of regulatory and commercial issues involved with the development and operation of major energy infrastructure projects.  He regularly advises natural gas, oil, and liquids pipeline and storage project developers in negotiating terms of service, drafting definitive agreements, and steering through the regulatory approval process for the development of new and re-purposed pipeline and other infrastructure projects before the Federal Energy Regulatory Commission (FERC) and other regulatory agencies. George also represents midstream service providers, producers, and marketers in commercial, transactional, and FERC regulatory matters, including purchase and sale transactions, compliance matters, tariff and certificate proceedings, and contested matters.

George is also actively involved in advising clients on compliance with Dodd-Frank derivatives regulations as they relate to commodity trading and hedging and has drafted extensive comments and consulted with federal regulators regarding rules impacting commodities and derivatives transactions on behalf of a variety of energy and other commodity market participants. He routinely counsels clients on regulatory and transactional issues in derivatives and financing transactions.

In addition, George has experience representing project sponsors and lenders in financing transactions involving domestic and international power projects, gas transportation and storage projects, and wind and other renewable energy projects.

George Fatula is an ‘up-and-coming star in the energy regulatory space,’ according to clients.
Chambers USA, 2019

Experience

Recent Notable Matters

TC Energy Corporation — approximately $1.275 billion sale of US midstream assets held by its subsidiary, Columbia Midstream Group, to a subsidiary of UGI Corporation including regulatory work, jurisdictional analysis and responding to buyer diligence

AP Energy Holdings Inc and South Field Energy LLC — $1.3 billion project financing and equity arrangements for the construction of the South Field Energy project, a 1,182 megawatt combined-cycle natural gas electric generating facility located near Wellsville, Ohio

Apache Corporation — execution of a long-term agreement with Enterprise Products Partners L.P., committing 100 percent of its Alpine High natural gas liquids to Enterprise and the grant to Apache for an option for a 33 percent equity stake in the Enterprise Shin Oak pipeline, including regulatory issues related to NGL transportation arrangements

Phillips 66 Partners LP — commercial and regulatory advice in connection with development of the Gray Oak Pipeline project, including transportation services agreements and related regulatory issues 

Targa Resources Partners LP — commercial and regulatory issues associated with the development of the Grand Prix NGL pipeline, including TSA, tariffs, open season and related matters

Joint venture company — development of a new, 250-miles interstate natural gas pipeline, including negotiation and drafting of commercial agreements, FERC certificate proceedings and related matters

Delek Logistics Partners LP — projects involving contractual volume commitments on Delek’s Paline Pipeline system, which transports crude oil from Longview, Texas, to the storage and marketing hub in Nederland, Texas

Energy Transfer Partners L.P. (including Sunoco Logistics) — regulatory counsel on crude oil pipeline projects including Dakota Access, Bayou Bridge, Permian Express 2, Permian Express 3, and other crude oil pipelines on open season and transportation agreement issues and regulatory approvals, including obtaining declaratory orders from FERC approving rates and terms and conditions of service

Cheniere Energy, Inc. — formation of a joint venture with EIG Global Energy Partners for the development of the Midship pipeline project, an approximately 200 mile, 36-inch, FERC-regulated natural gas pipeline with capacity of up to 1,400 MMcf/day from the Scoop/Stack plays in Oklahoma to Bennington, Oklahoma, including drafting and negotiating precedent agreements for anchor shippers for the project and advising on regulatory and commercial matters

International company — regulatory matters in connection with acquisition of crude oil pipelines in Louisiana

Interstate natural gas pipeline company — all FERC matters, including tariff filings and regulatory compliance

Private equity company — regulatory matters in connection with acquisition of interstate natural gas pipeline and regulatory matters in connection with same pipeline

Midstream company — development of a new oil pipeline from production area in Texas, including advising on FERC regulatory issues and drafting and negotiating with counterparties regarding transportation service agreements, pro forma FERC tariff and open season terms and conditions

Midstream company — development of a new 300-mile interstate natural gas pipeline to transport Marcellus shale production to market areas in the Southeast, including drafting and negotiating precedent agreements with anchor shippers, preparing and planning regulatory filings, and advising on open season commercial and regulatory matters

Midstream company — $1 billion transaction involving sale of gas utility, with the exchange of pipeline and storage assets and long-term associated service agreements

Midstream company — acquisition of Texas intrastate refined products pipeline system

Independent power project developer — negotiating and drafting gas pipeline development and transportation agreements with municipality in connection with development of gas-fired power project

Major exploration and production company — negotiating and drafting bilateral agreements with bank counterparties to govern Dodd-Frank compliance for future derivatives transactions

Natural gas marketer — applying for and securing Department of Energy approval to export liquid natural gas

Midstream company — drafting tariff and service agreements for planned condensate pipeline

Affiliate of major U.S. bank — negotiating and drafting crude oil supply agreement for a refinery in connection with a nearly $1 billion acquisition of refinery and related pipeline assets and inventories

Interstate natural gas pipeline — securing FERC approval to abandon various certificated transportation facilities

Interstate natural gas pipeline — drafting and securing FERC approval of settlement agreement resolving various issues between the pipeline and shippers

Major exploration and production company — federal and state regulatory issues involved in $7 billion acquisition of various oil and gas operational and production assets

Two major U.S. internet companies — negotiating and drafting power purchase and energy transmission agreements to serve energy-efficient data centers in Oregon and New York

Publications and Speeches

“Court Decision Could Change Tax Burden on Pipeline MLPs,” Midstream Business, July 18, 2016.

“Credit Challenges to Project Development,” Midstream Business, July 31, 2015.

“Rising Commercial and Regulatory Issues in Shipper Contracts for Oil and Gas Transportation on New Infrastructure,” 5th Law of Shale Plays Conference, September 2014.

“Rising Commercial and Regulatory Issues in Shipper Contracts for Oil and Gas Transportation on New Infrastructure,” Platts Pipeline Development & Expansion Conference, September 2014.

“Pipelines for New Energy,” Energy & Infrastructure, April 2013.

Credentials

Education

George Washington University Law School,
J.D.
2007
University of Richmond,
Bachelor of Arts
2004

Bar Admissions

District of Columbia
New York

News

News

Insights

Insights

CFTC Annual Enforcement Update

On November 22, 2017, the Commodity Futures Trading Commission (“CFTC”) released its annual enforcement report for fiscal year 2017. As in previous years, this year’s report highlights the agency’s continued commitment to enforcement and aggressive pursuit of those viewed as engaging in conduct that undermines the integrity of...

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...

U.S. Futures Exchanges Liberalize Exceptions to Position Limit Aggregation Rules

Effective March 18, 2016 and April 4, 2016 [1] respectively, the major U.S. futures exchanges, ICE Futures U.S., Inc. (“ICE”) and the CME Group exchanges (“CME Group”), [2] have amended their rules regarding aggregation of positions for purposes of determining compliance with applicable position limits and accountability levels. ICE amended Rule 6.12—Aggregation of Positions [3] and CME Group has amended Rule 559.E—Limited Exceptions to Aggregation for Independently Controlled Accounts. [4] As a result of the amendments, aggregation standards will be more straightforward and will better track...

CFTC Seeks Input on Dodd-Frank Implementation Issues Affecting Energy End-Users

April 1, 2014

With most of its rules implementing the swap regulatory provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank") in place, the Commodity Futures Trading Commission ("CFTC") is seeking new public input on several aspects of its Dodd-Frank rules that directly affect energy markets participants who use swaps to hedge risk or who transact physical agreements containing options that are subject to the swap regulations. Entities that utilize swaps and options in this manner, but are not otherwise required to register with the CFTC as "swap dealers" or other...

FERC Requires Filing of Additional Oil Pipeline Rate Base Information

July 19, 2013

On July 18th, the Federal Energy Regulatory Commission ("FERC") approved a final rule that makes substantive changes to the components of FERC Form 6, which interstate oil pipelines are required to file each year. [1] The rule requires additional reporting of the figures underlying pipelines' rates of return and is intended to make it easier for both FERC and oil pipeline shippers to evaluate whether a given transportation rate complies with the law. The new rule pertains to page 700 of Form 6, which provides information designed to show the pipeline's cost of service, including O&M...

FERC Punts on Closely Watched Request to Order a Shale Oil Pipeline Interconnection

March 29, 2013

In an order issued on March 22, the Federal Energy Regulatory Commission ("FERC") once again declined to require an interstate oil pipeline to grant an interconnection requested by another pipeline. The order, issued in response to a complaint by High Prairie Pipeline, LLC ("High Prairie") against Enbridge Energy, Limited Partnership ("Enbridge"), culminated a closely-watched case in which High Prairie challenged Enbridge's refusal to grant the right to interconnect its planned pipeline with Enbridge's at Clearbrook, Minnesota on the terms requested by High Prairie. The order can be found...

CFTC Provides a Bit of Last-Minute Breathing Room on Swaps Regulation

October 22, 2012

On Friday October 12, the Commodity Futures Trading Commission's (CFTC) regulations defining the term "swap" took effect, triggering a cascade of new regulatory requirements pursuant to the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) for entities holding swap positions. Between October 10 and October 12, the CFTC's staff issued a flurry of no-action letters and guidance documents intended to give market participants more time to prepare for the new regulatory requirements, and to give staff more time to iron out various issues and points of confusion that have...

Rudy Giuliani: Look to China for Inspiration on Energy Policy

March 5, 2012

Rudy Giuliani was in Houston last Thursday to address an oil and gas industry symposium, and spoke with the Houston Business Journal's Deon Daugherty about a number of energy issues. On the agenda: Taking cues from China about how to build a nationwide energy policy that will serve future power needs while still developing the long-term future of renewables. Realistic strategies for achieving energy independence. The role that nuclear energy can play. To read the complete interview, click here .

Pipeline Q&A: New Liquids Production, Shale Plays and Regulatory Challenges

January 20, 2012

Mark Lewis , an oil & gas attorney and Managing Partner of Bracewell & Giuliani's Washington, D.C. office, discussed some of the latest issues affecting the oil and gas industry with Pipeline & Gas Journal editor Jeff Share. On the menu: the effect of liquids-heavy shale production on pipeline development, state versus national regulation, and the importance of clear stakeholder communication for pipeline developers. To read the full Q&A, click here .

FERC Tightens Credit Practices in Organized Markets

October 26, 2010

A final rule that tightens and standardizes credits practices for organized wholesale electricity markets "” independent system operators (ISO) and regional transmission organizations (RTO) "” was issued by FERC October 21. To comply with the credit practices prescribed in the new rule, ISOs and RTOs will have to amend their open-access tariffs to: (i) shorten and standardize billing and payment periods; (ii) cap the unsecured credit that a market participant and its affiliates may hold; (iii) eliminate unsecured credit in markets for financial transmission rights; (iv) allow wholesale power...

A Divided CFTC Flexes Muscles With $12 Million ConAgra Civil Penalty

August 26, 2010

The Commodity Futures Trading Commission issued an order August 16 approving a settlement resolving allegations that ConAgra Trade Group, Inc. caused a non-bona fide price to be reported for a NYMEX spot month crude oil futures contract in violation of the Commodity Exchange Act (CEA). The settlement is noteworthy in that (1) it required ConAgra to pay a $12 million civil monetary penalty (significantly after the event occurred) even though no fraudulent intent or specific injury was alleged, and (2) two of five commissioners dissented vigorously from the majority's decision to accept the...

DC Circuit Affirms FERC On Maintaining Price Caps On Gas Pipeline Capacity Sales

August 23, 2010

The U.S. Court of Appeals for the D.C. Circuit has upheld FERC's decision to remove price ceilings on short term (one year or less) capacity releases by shippers on natural gas pipelines, while maintaining price ceilings on capacity sales by the pipelines themselves. The court's decision , issued on August 13 in Interstate Natural Gas Assoc. of America v. FERC , rejected arguments from an association of pipelines that FERC had impermissibly subjected pipelines and shippers to different regulatory standards in the same short-term capacity sales market. In its 2008 Order No. 712 , FERC...

FERC Announces Order Banning Nonjurisdictional Pipeline Transactions

August 6, 2010

Recently, the Federal Energy Regulatory Commission announced a decision under which it will have broader regulatory power over buy-sell transactions on small pipelines. The unexpected decision, stemming from a case involving Arizona Public Service Co. and Sequent Energy Management LP, expands FERC's prohibition of transactions involving transportation through open access interstate pipelines to apply to intrastate pipelines as well. SNL Financial interviewed Bracewell & Giuliani Partner Mark Lewis about the decision and its potential effects on these common pipeline transactions. Click...

Noteworthy

Noteworthy

Chambers USA
Nationwide Energy: Oil & Gas (Regulatory & Litigation), 2019
The Legal 500 United States
Energy Regulatory: Oil and Gas, 2018
Portfolio Media, Inc.
Law360
Energy Rising Star, 2017
Euromoney Institutional Investor PLC
IFLR1000 Financial & Corporate Guide
Rising Star: Project Development, 2019; Project Finance, 2019
Thomson Reuters
Washington, DC Super Lawyers
Rising Star, 2014 - 2018

Events

Past Events