Practice Areas & Industries: Fulbright & Jaworski L.L.P.

Practice/Industry Group Overview

Fulbright & Jaworski is recognized as a premier energy firm with a diversified practice that serves the needs of the global energy industry. With over 50 years of experience in energy matters, we have accumulated a wealth of experience and valuable knowledge. Our attorneys are regularly involved in both international and domestic energy matters and are highly skilled in energy litigation, transactions, regulatory matters and dispute resolution.

Fulbright & Jaworski's energy regulatory attorneys are leading players in the domestic regulatory arena. Our energy regulatory group is composed of highly experienced attorneys who provide a full range of services in energy regulatory matters, including natural gas regulation, crude oil and petroleum product regulation, electric power regulation and appellate matters. We have a broad regulatory practice geared to helping our energy clients cope with the complex federal and state regulatory schemes affecting their business operations.

Services Available

In the transaction area, Fulbright attorneys are well versed in the development, financing and construction of energy projects, as well as acquisitions and dispositions, encompassing:

• Electric power plants
• E&P properties
• Pipelines and gathering systems
• LNG facilities
• Gas processing plants
• Energy storage facilities
• Refineries
• Petrochemical plants

Fulbright regulatory attorneys serve the needs of clients engaged in the pipeline, oil and gas production, and electric power industries. We provide a full range of services in federal and state regulatory matters. In addition, the firm is ranked internationally among the best in litigation and arbitration. That ranking stems in large part from the experience and successes of our many energy litigation and arbitration attorneys.

Fulbright & Jaworski's Energy Litigation Practice Group is widely recognized for our excellence in domestic and international energy litigation and arbitration, representing all sectors of the global energy industry:

• Oil and gas (upstream and downstream)
• Pipelines
• Petrochemical
• Electrical power
• Nuclear power
• Cogeneration
• Geothermal
• Coal and other hard rock minerals

Around the globe, Fulbright & Jaworski is at the leading edge of arbitration and alternative dispute resolution. There are many potential remedies for disputes, and our attorneys develop the best solution for each client and each dispute. Our long-standing commitment to resolve disputes efficiently is accomplished through the four strong building blocks of our Arbitration and Alternative Dispute Resolution (ADR) Practice Group: mediation, domestic arbitration, international arbitration and the other ADR practices. Reflecting our experience and dedication in this area of law, Fulbright has significant affiliations with virtually all ADR institutions, several of which we were instrumental in organizing.

The attorneys in Fulbright's Arbitration and ADR Practice Group move easily between traditional litigation, arbitration and ADR, and our excellence in this area has grown to match our renowned courtroom capabilities.

Fulbright's energy regulatory attorneys are concentrated primarily in our offices in Washington, D.C. Austin, Texas and Los Angeles, California. We bring a wide range of skills and experience to bear on regulatory matters, including administrative law issues, rulemaking proceedings, permitting, administrative and judicial litigation of enforcement actions, litigation of rulemaking challenges, the structuring and documentation of transactions affected by state and federal regulations, mergers and acquisitions of regulated entities, and lobbying Congress on issues important to the oil and gas industry.

Fulbright's energy regulatory group has represented clients for many years in a full array of proceedings before the FERC, including evidentiary hearings, settlement conferences, technical conferences and informal meetings. Group members are involved on a daily basis with the formal and informal procedures that govern the processing of contested and uncontested matters before the FERC. As a result, we have developed strong working relationships with the FERC staff, administrative law judges, commissioners of the FERC, and other members of the energy bar. Fulbright attorneys also work closely with consultants and expert witnesses on rate and economic analyses, engineering feasibility reports and market studies.

Fulbright's regulatory attorneys, as well as other attorneys in the Washington, D.C., office, have experience in Department of Interior, Department of Energy, Department of Transportation, Department of State and legislative matters affecting the energy industry. In addition, the firm has numerous lawyers, both within and outside of the energy regulatory group, with broad experience in energy litigation and appellate proceedings.

Natural Gas Regulation

Fulbright's regulatory attorneys have participated actively on behalf of applicants and intervenors in many interstate pipeline rate and certificate proceedings before the FERC. We have substantial experience counseling clients regarding natural gas pipeline issues, including preparation of applications for FERC certificates of public convenience and necessity; compliance with Order Nos. 636, 637 and other FERC rulemakings; preparation of tariff rate schedules and general terms and conditions; obtaining FERC authorization to charge market-based rates; compliance with marketing affiliate standards of conduct; implementation of GISB standards; negotiation of market-based and negotiated-rate precedent agreements and service agreements; capacity release issues; cost allocation and rate design issues; stranded cost recovery; and open access requirements of interstate pipeline tariffs. A significant portion of our regulatory practice involves the development and certification of new pipeline and storage projects.

Oil Pipeline Regulation

Fulbright's energy regulatory group has represented numerous clients regarding FERC regulation of interstate crude oil and refined petroleum product pipelines under the Interstate Commerce Act. The group has substantial experience representing complainants, protesters and intervenors in litigated rate proceedings before the FERC. Our attorneys also have represented oil pipelines in establishing new tariffs and rates. We have assisted clients in addressing numerous oil pipeline regulatory issues before FERC, including the "changed circumstances" standard of the Energy Policy Act of 1992, FERC?s Opinion No. 154-B methodology, FERC?s income tax allowance policy for master limited partnerships under the Lakehead rule, cost allocation and rate design, rate of return, undue discrimination and preferences, quality standards, prorationing and market-power. We also have significant experience in oil pipeline rate litigation before the California Public Utilities Commission.

Electric Power Regulation

Fulbright's energy regulatory attorneys have a great deal of experience in providing advice on the development of open-access electric transmission tariffs. We also are well experienced in advising clients on the scope of FERC jurisdiction over municipal entities under the Federal Power Act, ways to conform to FERC's pro forma tariff through the reciprocity provisions, and Section 211 or 212 requests under the Federal Power Act. Regulatory attorneys in both our Los Angeles and Washington, D.C. offices are actively involved in the California electric industry restructuring proceedings.

Fulbright's energy regulatory attorneys have been extremely active in retail and wholesale industry restructuring activities in Texas. Attorneys in our Austin office have represented a broad spectrum of industry participants before the Texas Public Utility Commission ("PUC") and in litigation arising out of PUC regulation, including investor-owned utilities, municipal utilities, merchant generators and cogenerators and emerging competitive retail electric providers. We have represented clients in wholesale transmission and retail open-access rate cases, rulemaking proceedings, licensing, and merger and sale reviews. We have worked extensively with clients to address the myriad of new industry legal and economic considerations that new restructured markets present. Energy regulatory attorneys also work closely with our attorneys engaged in the development, acquisition and financing of power projects, providing analysis of the regulatory issues and regulatory assistance in connection with such projects.

Extensive experience with the restructuring of the natural gas industry in the wake of Order No. 636 enhances the energy regulatory group's ability to effectively counsel clients through the electric industry's restructuring to open access. The firm's representation of local distribution companies and other customers on interstate natural gas pipelines has involved issues similar to those facing the electric industry, including the functional unbundling of service, the restructuring of tariffs and service schedules and the process of responding to stranded-cost filings. Our regulatory attorneys have the expertise to effectively counsel clients about preparing for uncertainties surrounding stranded costs and taking service under both the pro forma tariffs and negotiated service schedules.

Fulbright's regulatory attorneys are highly-regarded litigators of energy controversies, including contested administrative proceedings, and they are exceptionally knowledgeable in rate matters. That, together our extensive background, experience and knowledge in the electric industry, provide the necessary elements to assure clients of a vigorous representation in any filing of an open-access transmission tariff filed by a transmitting utility.

Fulbright & Jaworski's attorneys who handle regulatory issues involving federal royalties perform a wide range of services for oil and gas producers. We represent clients in administrative proceedings before the Department of the Interior, as well as judicial challenges to final agency decisions. We participate in rulemakings on behalf of clients and also help companies obtain legislative relief when needed.

Fulbright also counsels clients regarding compliance with federal royalty regulations and work with Department of the Interior officials to resolve disputes without resort to litigation whenever possible. Particular issues our attorneys have handled include royalties on natural gas take-or-pay settlements, duty to market production at no cost to the federal lessor, statute of limitations on government royalty collection efforts, and entitlement to royalty relief under the Deep Water Royalty Relief Act. We also have represented companies in False Claims Act cases alleging violations of regulations issued by the Department of Interior.