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Natural Gas
The firm has an active natural gas practice before the Federal Energy Regulatory Commission (FERC) and in business transactions involving both FERC jurisdictional and non-jurisdictional natural gas pipelines. Our clients include natural gas pipelines, whom we represent in rate and certificate matters before the FERC, as well as international gas suppliers, whom we represent in rate and certificate proceedings and in the negotiation of gas sale, supply and transportation agreements. Principals in the firm maintain strong working relationships with FERC staff and with the individual FERC Commissioners.
John Staffier has been involved in pipeline certificate, facility siting, tariff and rate cases before the FERC and in the courts, as well as numerous rulemaking proceedings and import/export authorization proceedings for over 25 years. He has served as an arbitrator in a number of natural gas contract cases, as well as counsel in other arbitrations, and is experienced in settlement negotiations, contract litigation, and legal review and negotiation of gas supply and transportation contracts.
Linda Stuntz has represented local distribution companies and natural gas pipelines in certificate and rate proceedings before the FERC and in the courts. Linda also has longstanding experience in natural gas policy issues. She served as Deputy Secretary of the Department of Energy (DOE) from 1992 to 1993 during which time she oversaw the development of Federal policy toward the energy industry, including the Energy Policy Act of 1992. Prior to assuming the post of Deputy Secretary, Linda served in a number of other positions at DOE, including Assistant Secretary of Energy for Policy and Acting Assistant Secretary for Fossil Energy. Her background also includes service as the Minority Staff Director of the House Commerce Committee in the 1980's. Linda has served as an arbitrator in cases involving complex transactions in the electric power industry, including tolling agreements.
The firm represents investor-owned electric utilities on a variety of legislative and regulatory issues involving the Federal Power Act and the Public Utility Holding Company Act of 1935. In addition, the firm has participated in cases before the FERC involving implementation of the Public Utility Regulatory Policies Act of 1978 ("PURPA"). The firm has advised a Canadian electric utility seeking authorization to market power in the U.S. on issues associated with FERC Order Nos. 888 and 2000, as well as its Standard Market Design (SMD) proposal. The firm is providing ongoing counsel to that utility and its U.S. power marketing affiliate regarding FERC regulation of electricity markets. In addition, the firm provides counsel to another Canadian electric utility and its U.S. marketing affiliate on issues related to the FERC's SMD proposal, and with respect to possible U.S. acquisitions.
Many of the firm's attorneys served in a variety of senior positions with the U.S. Congress or Federal agencies prior to joining the firm. These positions included Deputy Secretary of Energy; Assistant Secretary of Energy for Fossil Fuels; Associate Director of the Office of Management and Budget, Natural Resources, Energy and Science; Minority Counsel and Staff Director, House Energy and Commerce Committee; Counsel, House Energy and Power Subcommittee; and Assistant to the President for Policy Development, Natural Resources and the Environment. Thus, the firm brings a wealth of experience to each matter from the perspective of the government as a decisionmaker. This experience has proven to be invaluable in helping our clients formulate and implement successful strategies for each issue.
The firm was actively involved on behalf of a number of electric utility clients in the debate leading to the Energy Policy Act of 2005. Some of the issues on which the firm worked included reform of the Public Utility Holding Company Act of 1935; prospective repeal of the Public Utility Regulatory Policies Act of 1978; establishment of mandatory electric reliability standards; siting and financing of electric transmission lines and issues relating to the restructuring of the electric industry.
The firm is, or recently has been, actively involved in legislation addressing reform of the Federal Food, Drug and Cosmetic Act; reform of the Federal hydroelectric powerplant licensing process; implementation of the Clean Air Act Amendments of 1990 and development of new multi-pollutant legislation, including the Administration's Clear Skies Initiative; enactment of legislation providing royalty relief for oil and natural gas producers holding leases in the deep waters of the Gulf of Mexico; modification of Federal appliance energy efficiency standards and energy efficiency standards for commercial products and industrial equipment; amendments to the Clean Air Act regarding ozone depleting substances; appropriation of disaster assistance funds for investor-owned electric utilities affected by the 1998 Northeastern ice storm; and capital gains tax relief for utilities divesting generation assets. The firm regularly represents clients on appropriations and budget issues, and advises clients with respect to the procedures and precedents of the Congress that bear on the consideration of substantive issues.
Congressional Investigations and Oversight
The firm has special expertise with Congressional investigations and oversight. The following highlights some of the firm's recent experience in these areas.
Services provided in connection with these matters included participation in mock Congressional hearings; preparation of anticipated questions and suggested responses; preparation of briefing and background materials; preparation of oral and written hearing testimony; advice on House rules, procedures and privileges available to witnesses before Congressional Committees; handling discovery requests, including document review and production; and preparation of a witness for a deposition to be taken in the course of a Congressional investigation.
In addition, the firm routinely represents clients in a variety of industries in the preparation of testimony and witnesses on numerous legislative issues including appropriations matters before Senate and House Committees.
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Recent Developments