Energy Regulatory

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A Leading Energy Regulatory Practice

Bracewell has one of the world’s leading energy regulatory teams. We have been ranked Band 1 for Oil & Gas Regulatory and Litigation in Chambers USA for nine years in a row (2016-2023) — a distinction held by only one other firm. For the last nine years, we have been ranked as a top national firm in Legal 500 US for Energy Regulation: Oil and Gas (Tier 1), and Energy Regulation: Electric Power.

Drawing on our capabilities as one the largest dedicated energy teams in the world, we help energy companies navigate an increasingly unpredictable regulatory environment. Our lawyers are market leaders on the complex and unique regulatory issues involving oil and gas pipeline projects, advising midstream clients such as Kinder Morgan, Phillips 66, Targa Resources and TC Energy. We’re equally skilled in handling regulatory matters for conventional power companies and utilities, such as Central Maine Power, ENGIE, Equinor and Powerex, to name but a few.

We have broad experience on energy regulatory matters, providing clients with up-to-the-minute advice on regulatory developments and in some cases establishing new precedents. In 2020, for example, we helped Rockies Express Pipeline LLC in obtaining favorable orders from the Federal Energy Regulatory Commission (FERC) in a hotly contested proceeding that established a new precedent in bankruptcy matters involving distressed energy companies.

Our lawyers have decades of experience representing clients before federal and state regulatory agencies in connection with electric transmission and ratemaking, oil and gas pipelines, LNG projects, energy storage, renewable energy and sustainability, carbon capture utilization and sequestration (CCUS), and hydrogen development. Our team includes individuals who have practiced within and before federal and state courts, FERC, the US Department of Energy (DOE) and various state regulatory agencies. The team also includes lawyers with more than 25 years of senior-level experience at the US Commodity Futures Trading Commission (CFTC) and FERC.

We administer the Energy Compliance Network, an ad hoc industry group that monitors energy compliance and enforcement issues at the CFTC, FERC and state regulatory commissions. We also provide timely updates on current regulations and their potential impact through our Energy Legal Blog^®.

We Know Energy®.

Areas of Focus

Commodities & Trading

Our team has deep knowledge of the rules governing commodity regulation and trading based on their diverse backgrounds. Team members include lawyers who have held in-house positions at banks and trading companies, as well as lawyers with over 25 years of senior-level experience at US Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC). Our intimate understanding of the ins and outs of regulatory regimes — as well as our longstanding relationships with regulators — enables us to provide practical advice that helps energy companies anticipate and resolve regulatory issues.

We advise on regulatory and legislative matters pertaining to commodities, derivative markets, market infrastructure, major industrials, oil and gas producers, and utilities. We have broad experience across the full range of commodity regulations, which we bring to bear in helping our clients navigate the regulatory issues related to their trading strategies and objectives.

Meet the team

Compliance and Enforcement

We have achieved outstanding results for our energy clients, helping them with compliance and enforcement actions before state and federal energy regulatory agencies, including the Federal Energy Regulatory Commission (FERC), the US Commodity Futures Trading Commission (CFTC) and the Department of Energy’s Office of Enforcement. We also represent clients in inquiries and investigations by self-regulatory organizations, such as CME Group and ICE Futures.

We advise energy companies on diverse compliance and enforcement matters, including:

non-bona fide prearranged trades
allegations of wash and fictitious trades
position limit violations
market manipulation, including responding to data requests
CFTC Wells notices
FERC preliminary conclusions and settlement negotiations

Meet the team

Electric Power

We have decades of experience representing clients in all aspects of power generation and transmission regulation, licensing and ratemaking. Clients choose us because we are an industry leader with a proven track record of success in nearly every type of law that affects energy regulation, including corporate, tax, environmental and litigation.

Our lawyers represent electric transmission and distribution utilities, independent power producers, power marketers and investors in energy companies before various regulatory agencies. We have served as regulatory counsel on some of the largest transactions in the power sector. For example, we acted as lead FERC counsel to Great Plains in its $15 billion merger with Westar, as well as Rockland Capital in the acquisition of six generating facilities in Ohio and Indiana from AES.

We are one of the few firms with the experience necessary to address the continuing need for major capital expenditures by the US electric industry to support investment in transmissions and renewables. This work includes responding to state requests for proposals; litigation and regulatory approvals for new and existing infrastructure owners to receive adequate compensation to develop, produce and delivery renewable energy to load centers; and transaction-related regulatory approval for renewable energy mergers and acquisition. Our experience includes advising on multi-million dollar projects, such as Equinor’s offshore transmission project in New York and the $950 million New England Clean Energy Connect transmission project, which interconnects renewable resources in remote areas to the electric transmission grid.

Meet the team

Oil & Gas Transactions

When oil and gas pipeline developers encounter complex regulatory issues and controversies, they turn to Bracewell. We are a preeminent pipeline development firm, with deep regulatory experience that is buttressed by top-flight environmental, transactional, financing and litigation practices.

“Bracewell attorneys are experts in pipeline regulatory matters and have experience of experience working within the industry,” notes Chambers USA (2021).

We have helped clients in regulatory approval for multibillion oil and gas projects and transactions. For example, we represented Phillips 66 in the regulatory process of commencing service on the Gray Oak pipeline project, including a new storage service that was added in response to market conditions resulting in part from the COVID-19 pandemic. We also provided regulatory advice in the development of the $2 billion cross-border natural gas pipeline system by Nexus Gas Transmission and the $2 billion Permian Highway Pipeline Project by Kinder Morgan.

Meet the team

We advise energy companies on diverse compliance and enforcement matters, including:

non-bona fide prearranged trades
allegations of wash and fictitious trades
position limit violations
market manipulation, including responding to data requests
CFTC Wells notices
FERC preliminary conclusions and settlement negotiations

Meet the team

“Bracewell attorneys are experts in pipeline regulatory matters and have experience of experience working within the industry,” notes Chambers USA (2021).

Meet the team

Global Recognition for Excellence

Our lawyers have a deep understanding of the overarching energy regulatory regime and are internationally recognized as market leaders in Chambers Global, Chambers USA and Legal 500 US.

Chambers Global – USA Electricity Regulatory & Litigation; USA Oil & Gas Regulatory & Litigation (Band 1)
Chambers USA – Nationwide Oil & Gas Regulatory & Litigation (Band 1)
Legal 500 US – Energy Regulation: Electric Power; Energy Regulation: Oil & Gas (Tier 1)
U.S. News – Best Lawyers – National Energy Law (Tier 1); National Oil & Gas Law (Tier 1); Houston Energy Law (Tier 1); Houston Natural Resources Law (Tier 1); Houston Oil & Gas Law (Tier 1); Washington, DC Energy Law (Tier 1); Washington, DC Regulatory Enforcement Litigation; Washington, DC Oil & Gas Law (Tier 1)

The team has strong experience and expertise to effectively counsel clients through issues, with an understanding of business objectives.

Chambers USA, 2023

Market-Leading Engagements

We provided regulatory advice on complex transactions in the energy sector.

Apache Corporation in a 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 in the 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
Avangrid Renewables Holdings, Inc. on regulatory and commercial advice regarding a complex structure providing for the optimization of transmission among renewable generators
Central Maine Power Company on FERC matters related to the New England Clean Energy Connect $950 million transmission project
Central Maine Power Company and The United Illuminating Company in a series of FERC complaint proceedings, including full hearings, and DC Circuit appeals regarding the return on equity the companies recover for their transmission investments through FERC jurisdictional transmission rates
Cheniere Energy, Inc. in the formation of a joint venture 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
Cheyenne Light, Fuel and Power Company in a fixed stated transmission rate case before FERC for an electric utility located in Wyoming related to a large transmission project and subsequent transmission formula rate case
Energy Transfer Partners L.P. (including Sunoco Logistics), as regulatory counsel on crude oil pipeline projects including Dakota Access, Bayou Bridge, Permian Express 2, Permian Express 3, and other crude oil pipelines; advised on open season and transportation agreement issues and handled regulatory approvals, including obtaining declaratory orders from FERC approving rates and terms and conditions of service

ENGIE North America Inc. as federal energy regulatory counsel related to the development of 2 GW of renewables, including 1.5 GW of wind and 500 MWs of solar
Equinor in preparing and submitting bids into competitive solicitation processes conducted by New York and New Jersey for the supply of offshore renewable energy credit, as well as regulatory issues related to participation in the wholesale markets within these states
Enterprise Products Partners L.P. in the process convened by FERC for industry participants to work collaboratively to mitigate the risk of a propane shorts in the Midwest in the late fall and early winter of 2019 result from a late crop drying season and early winter heating season
Enterprise Products Partners L.P. in modernizing, updating and conforming various provisions of numerous FERC tariffs for liquid pipelines
Enterprise Products Partners L.P., Targa Resources and Energy Transfer Partners in various filings in dockets involving the Magellan Petition for Declaratory Order on marketing affiliates and the pending petition for rulemaking on marketing affiliate standards of conduct for oil pipelines
Enterprise Products Partners L.P., Targa Resources Corp. and TC Energy Corporation individually in connection with a proposed FERC policy statement pertaining to transportation agreements between liquid pipelines and their affiliates
Great Plains Energy Incorporated on FERC regulatory submittals, including Federal Power Act Section 203 authorization, for the revised stock-for-stock merger of equals transaction with Westar Energy, Inc., creating Evergy Inc., a company with a combined equity value of approximately $14 billion, and with nearly 13,000 MW of generation capacity and more than 51,000 miles of distribution lines
Hydro One Limited, as FERC counsel for approvals for the now terminated $5.3 billion acquisition of Avista Corporation in an all-cash transaction, that would have established one of North America's largest regulated electricity and natural gas businesses with more than $25.4 billion in combined assets
Jordan Cove LNG and Pacific Connector Pipeline in connection with a petition for declaratory order at FERC seeking a finding that the Oregon Department of Natural Resources waived its Clean Water Act Section 401 rights by failing to act within the prescribed time period permitted for the state agency to act.
Kinder Morgan, Inc., as regulatory and commercial counsel for the approximately $2 billion Permian Highway Pipeline Project, designed to transport up to 2 billion cubic feet per day of natural gas
Kinder Morgan, Inc., as 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
New England Power Generators Association (NEPGA) in a complaint filed on behalf of the NEPGA against ISO New England regarding how to price the capacity of a large generation resource in the annual capacity auction
Nexus Gas Transmission in its FERC defense of its certificate order authorizing the construction and operation of the Nexus project before the DC Circuit
Permian Highway Pipeline LLC on various commercial and regulatory issues associated with the development of its new approximately $2 billion intrastate natural gas pipeline system in Texas
Phillips 66 Company, as project counsel for the Gray Oak Project, representing the company in the regulatory process of commencing service on the project, including a new storage service that was added in response to market conditions resulting in part from the COVID-19 pandemic
Phillips Pipeline LLC and Phillips 66 Company against a high-profile emergency petition and fast track compliant filed by NGL Supply Wholesale, LLC at FERC, alleging that Phillips Pipeline’s prorationing policy was unduly discriminatory and Phillips Pipeline and Phillips 66 had colluded to prevent NGL from procuring propane during the winter months
Powerex Corp., as US legal and regulatory advisor in negotiations with the California ISO (CAISO) to create a framework for cross-border participation in the CAISO’s western energy imbalance and expanded multi-state day-ahead markets; representation at FERC for approval of the same
Rockies Express Pipeline LLC in obtaining favorable orders in a hotly contested FERC proceeding providing unprecedented findings that modification or abrogation of firm transportation service would not be in the public interest. The orders, issued in advance of Gulfport Energy Corporation’s bankruptcy, allowed FERC to rule on the merits before being barred by the automatic stay upon Gulfport’s filing and provided support for Rockies Express to oppose Gulfport’s efforts to reject in bankruptcy the contracts under which Gulfport owes Rockies Express $800 million in fees
Shell Energy North America (US), L.P. in heavily litigated Western energy markets cases before FERC involving long-term contracts
Targa Resources Corp. against a complaint filed at FERC by Enerplus Resources (USA) Corporation claiming that Targa is acting in violation of the Interstate Commerce Act in the performance of a crude oil purchase and sale agreement between Targa and Enerplus
Targa Resources Corp. in the preparation of transportation service agreements, tariff documentation and regulatory matters in relation to the extension of its NGL pipeline system in Oklahoma
Targa Resources Corp. in connection with regulatory and commercial matters related to the Grand Prix pipeline, an approximately $1.4 billion pipeline transporting NGLs from natural gas process facilities in the Permian Basin to the Mont Belvieu fractionation and storage hub near the Texas Gulf Coast
TC Energy Corporation, as US counsel in connection with the Government of Alberta’s $1.1 billion equity investment and $3.5 billion loan guarantee to support construction of the Keystone XL oil pipeline
TC Energy Corporation in the 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
TC Energy Corporation in the successful preparation, filing and prosecution of a FERC application for market-based rate authority for its Marketlink crude oil pipeline
TexGen Power LLC (formally ExGen Texas Power, LLC) in successfully handled Texas PUCT review of generator holdco though bankruptcy process and foreclosure with non-traditional equity requiring a unique market power analysis
Vistra Energy Corporation in obtaining regulatory approval for the swap of two natural gas fired generation facilities, the 350 MW Sayreville Cogeneration plant in New Jersey and the 350 MW Bellingham Cogeneration facility in Massachusetts
Washington 10 Storage Corporation in connection with its efforts to obtain FERC authorization to transition from being a primarily state-regulated intrastate storage provider to a FERC-regulated interstate storage provider
White Cliffs Pipeline, L.L.C. on commercial and regulatory issues associated with open season and contracting
Xcel Energy Services Inc. in connection with a FERC rate case for long-term requirements customers under cost-of-service power sales agreements