- Government Litigation
- Global Energy & Infrastructure
|Contact Info||Telephone: 202.331.3163|
|University ||State University of New York at Buffalo, B.S., cum laude, 1978; State University of New York at Buffalo, B.A., cum laude, 1978|
|Law School||American University Washington College of Law, J.D., 1981|
|Admitted||1981, District of Columbia; 1982, New York (inactive); 1983, Maryland|
|Memberships ||District of Columbia Bar; Maryland State Bar Association, Inc.; New York State Bar Association; American Bar Association; Energy Bar Association. |
|Born||New York, N.Y., July 15, 1955|
Howard Nelson has more than 25 years of regulatory and litigation experience, the majority of which has been related to energy matters before the Federal Energy Regulatory Commission (FERC), state public utility commissions and the Court of Appeals. His litigation experience includes representing several major interstate natural gas pipelines in agency hearings involving complex multiparty major rate cases, and in certificate, restructuring, gas quality, merger and interconnection proceedings. He also advises clients on all aspects of natural gas regulation, including liquefied natural gas and electric power regulatory issues, negotiating and drafting contracts, strategic planning and ensuring compliance with regulatory requirements. Howard also represented customers of both natural gas pipelines and electric utilities and has briefed and argued several cases at the D.C. Circuit and 4th Circuit Court of Appeals.
Areas of Concentration
· Energy litigation
· Energy regulation
Professional & Community Involvement
· Member, American Bar Association
· Member, District of Columbia Bar Association
· Member, Energy Bar Association
· Member, Maryland Bar Association
Awards & Recognition
· Listed, Chambers USA Guide, 2007-2013
· Team Member, a Law360 "Appellate Practice Group of the Year," 2010
· Lead counsel in appeal of FERC Order No. 2004 affiliate standards of conduct rulemaking on behalf of interstate natural gas pipeline trade association. Briefed and argued case before the U.S. Court of Appeals for the D.C. Circuit resulting in Court reversal of industry-wide rules requiring separation of functions and information sharing prohibitions.
· Lead counsel in appeal of FERC policy regarding the make-up of proxy groups for purposes of setting pipeline rates of return.
· Represented major interstate pipeline in multi-party rate case proceedings.
· Served as counsel for new pipeline seeking authorization to construct and operate facilities that will deliver liquefied natural gas (LNG) from a proposed foreign LNG terminal to the U.S. Representation included protecting interests in connecting pipeline proceedings involving gas quality/LNG interchangeability issues.
· Represented pipeline and LNG plant owner in certificate and rate proceedings.
· Represented interstate natural gas pipelines and shippers in proceedings to establish gas quality standards in pipelines' tariff.
· Represented pipeline interests in preserving and strengthening shipper creditworthiness standards before the FERC, Court of Appeals and the North American Energy Standards Board (NAESB) in the aftermath of Enron.
· Represented interstate gas pipeline in "cashout" hearing, defended against allegations of imprudent gas purchasing practices and mismanagement of storage assets.
· Obtained an order, after hearing, requiring another natural gas pipeline to interconnect with client's pipeline facilities.
· Represented customers of electric utility seeking greater transmission access in a merger proceeding under Section 203 of the Federal Power Act.
· Obtained rare acquittal of tax protestor charged with tax evasion and failure to file tax returns.
Publications & Presentations
Articles, Lectures & Publications
· Author, "Victims' Suits Against Government Entities and Officials for Reckless Release," 29 Am. U.L. Rev. 595, 1980
Documents by this lawyer on Martindale.com
Recent FERC Regulated Pipeline Decisions
Kenneth M. Minesinger,Howard L. Nelson, October 24, 2013
On October 17, 2013, the Commission issued two orders of significance to the natural gas industry. First, in Opinion No. 528, 145 FERC ¶ 61,040 (Oct. 17, 2013), the Commission issued its Opinion and Order on the Initial Decision in El Paso Natural Gas Company’s (EPNG) rate case. Among...
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