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Morrison | Foerster

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Energy Law Left
Energy Litigation
Energy Regulation
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Energy Regulation

Overview


Contact: Gordon Erspamer, Peter Hanschen, or Robert Loeffler

Morrison & Foerster represents clients in both state and federal regulatory matters. In addition to representing clients before state utility commissions, the firm maintains an active and experienced energy regulatory practice in Washington, D.C., specifically to represent clients before the Federal Energy Regulatory Commission.  Morrison & Foerster represents clients in traditional electric and gas ratemaking proceedings as well as proceedings to develop the regulatory framework for alternative energy projects; the restructuring of retail power and gas facilities; and the construction or expansion of generation, transmission and distribution facilities. 

For more than 30 years, the firm has represented the State of Alaska in all of its pipeline matters before FERC.  On the Trans Alaska Pipeline (TAPS), the firm has litigated issues involving its overall rates as well as those for the quality bank, the approval of the long-term TAPS settlements, as well as issues concerning pumpability factors, remediation costs for corrosion repairs and management practices, and settlement costs related to the Exxon Valdez oil spill.  The firm is currently active before FERC in the proceedings to facilitate new natural gas pipeline projects in Alaska.

Representative Matters

FERC Refund Cases. The firm has and continues to represents various clients at FERC in connection with various Section 206 refund proceedings brought by the California utilities, the California Attorney General, parties in Nevada and the Pacific Northwest.

Pacific Terminals’ acquisition of Edison Pipeline and Storage Sites. The firm represented Pacific Terminals LLC, a subsidiary of publicly traded Pacific Energy Group L.P., before the CPUC in connection with its $158,200,000 acquisition of the oil storage facilities and pipeline assets of the Edison Pipeline and Terminal Company, and certain related financing transactions.

Pacific Energy Partners LP. The firm represents Pacific Energy Partners and its oil pipeline subsidiaries in various financing and acquisition matters before the CPUC.

Governor of California. The firm was special counsel to the Governor of the State of California with respect to the possible acquisition of the major California electric utilities transmission facilities.

State of Alaska. The firm represented the State of Alaska in ongoing protests of TAPS rates at the FERC and Alaska Public Utilities Commission (APUC) involving similar attempts to rate-base costs for expenditures such as the legal expenses and settlement costs incurred by the TAPS owners in the Exxon Valdez oil spill litigation and costs relating to the repair and remediation of national electrical code violations uncovered in a Bureau of Land Management audit of TAPS. Phase I of the protest of the Exxon Valdez-related costs has been tried to a panel consisting of one FERC and one APUC administrative law judge and is in the process of being briefed to the full Commissions.

Otay Mesa Power Plant. The firm successfully represented the developers of the Otay Mesa Power Plant Project on fuel supply and interconnection issues before the California Energy Commission and the California Public Utilities Commission.