Pipeline Safety

Focus on Pipeline Safety, Compliance and Preparedness

Following the passage of the Energy Policy Act of 2005, pipeline companies are quickly finding themselves subject to myriad regulations that can impact their bottom lines.

As part of our broad representation of gas and oil pipelines, Van Ness Feldman advises pipeline company management on the effectiveness of pipeline safety systems and in managing risk.  In this regard, the firm provides review and evaluation of pipeline companies’ compliance and monitoring programs, and advises and represents clients in connection with pipeline-specific safety audits conducted by OPS, OPS enforcement actions, and civil litigation. 

The firm’s attorneys have extensive experience representing companies in environmental audits and environmental compliance audits before FERC.  Several of the firm’s attorneys have represented pipelines in audits of compliance with FERC regulations and have experience in EPA-related investigations.  The firm can assist consultants in conducting an audit of a client’s environmental processes, producing findings and making recommendations.

Incident Response

Van Ness Feldman has experience assisting pipeline clients in responding to leak incidents, and in counseling clients with respect to ensuring compliance with regulatory and corporate reporting obligations.  More specifically, the firm has advised clients on:  (1)  assisting the general counsel and senior management in evaluating and managing corporate risk; (2) ensuring proper notifications are made to all federal and state agencies; and (3) assisting clients in informing regulators of situation and keeping them apprised on the status of the incident and implications for operations and impacts on customers.

Van Ness Feldman counsels pipeline companies with respect to environmental compliance and enforcement matters that may arise in connection with pipeline safety or operational incidents, including pipeline leaks and spills.  In addition, activities related to compliance include providing guidance in interpreting rules and other regulatory requirements, and reviewing documents to be filed by the client at OPS (for example, in responses to notice of proposed violation and comments on rulemakings).

Representative Matters

• Reviewed and counseled clients on corporate reporting structure.
• Assisted client in responding to OPS notices of proposed violation.
• Created standard operating procedures and protocols to assist business personnel in managing asbestos, assessed training programs, and developed a compliance matrix.