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 also counsels companies across the energy commodity value chain regarding regulatory and commercial issues in the structuring and documentation of derivatives transactions, including renewable power project developers and operators.
George regularly advises energy infrastructure project developers and operators (including natural gas, oil, liquids and CO2 pipeline and storage project developers) in negotiating terms of service, drafting definitive agreements, and steering through the regulatory approval process for the development, expansion, or repurposing of pipeline and other infrastructure projects before the Federal Energy Regulatory Commission (FERC) and other regulatory agencies. George also represents service providers, producers, generators, project investors, and marketers in commercial, transactional, and FERC regulatory matters, including purchase and sale transactions, compliance matters, tariff and certificate proceedings, and contested matters.
George, an “up-and-coming star in the energy regulatory space” (Chambers USA, 2020), 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.
Recent Notable Matters
Navigator CO2 Ventures LLC — development of an industrial scale carbon capture pipeline system of more than 1,200 miles of new carbon dioxide gathering and transportation pipelines across five Midwest states (Nebraska, Iowa, South Dakota, Minnesota and Illinois) with the capability of permanently storing up to 5 million metric tonnes of carbon dioxide per year
Sixth Street — $700 million acquisition of equity interests in joint venture owning various energy products pipelines and related logistics assets
Multinational investment bank and financial services corporation — served as underwriter’s counsel for a $68 million “green bond” offering to finance the construction of a renewable natural gas (RNG) project in Northwest Iowa that will generate RNG captured from dairy cow manure
Phillips 66 — formation of Bluewater Texas Terminal LLC, a joint venture with Trafigura Group Pte. Ltd., to develop an offshore deepwater port project in the Port of Corpus Christi
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 MW 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
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
Publications and Speeches
“Commercial and Legal Considerations for Contractual Arrangements for CCUS Projects,” Infocast’s CCS/Decarbonization Project Development, Finance & Investment Summit, July 25-27, 2022.
“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.