Oil & Products Pipelines

A STRATEGIC RESULTS-ORIENTED APPROACH

Van Ness Feldman maintains one of the leading oil, refined products and liquids infrastructure practices in the U.S.  We advise clients at every stage of the oil, refined products and liquids infrastructure development process, including pre-development, project structuring, development, permitting, construction, operation, expansion, continuing regulatory compliance, and ongoing transactional services.

Each project presents unique challenges in financing, permitting, construction, political considerations, and stakeholder management. We approach each project strategically, bringing to bear unparalleled substantive legal expertise, a results-oriented understanding of our client’s business goals, and intimate familiarity with the impacts of energy and environmental policy and regulation on energy projects of every size and scope.

Regulatory Compliance and Strategic Counseling

The market conditions and regulatory policies of the oil, products and liquids pipeline industry are constantly changing. Van Ness Feldman helps clients to anticipate and respond to these changes and offers the expertise of former officials of the Federal Energy Regulatory Commission (FERC), the Department of Transportation’s Pipeline & Hazardous Materials Safety Administration (PHMSA), and regulated companies for assistance with critical litigation, regulatory compliance, and policy needs.  Firm professionals assist clients by:

• Preparing and filing tariff changes and adoption notices
• Preparing cost of service, indexed and market-based rate filings
• Counseling on dispute resolutions at FERC
• Developing and implementing litigation and corporate strategies, preparing and drafting testimony, and representing clients in rate cases and appellate proceedings
• Drafting comments and participating in conferences for Notices of Proposed Rulemaking
• Developing open seasons
• Negotiating transportation and interconnection agreements
• Advising on protests and complaints under the Interstate Commerce Act
• Counseling on terms of service and compliance issues
• Tracking federal, state and local environmental laws and regulations
• Assisting with FERC and PHMSA audit investigations
• Assisting with PHMSA regulatory interpretation, compliance planning and enforcement actions 

Rights-of-Way and Permitting

Van Ness Feldman has extensive experience in all issues related to public right-of-way grants.  The firm assists clients in obtaining all necessary regulatory approvals, authorizations and permits, and handling rights-of-way and land use rights issues.

Influencing Federal Policy

Van Ness Feldman understands how decisions are made in a dynamic and evolving political environment.  The firm crafts strategies to obtain a desired result through careful identification of opportunities and obstacles, cultivation of key sources of support and isolation of the opposition, and development of cogent and compelling arguments to be delivered by the right people to the right people.  Members of Van Ness Feldman’s Oil & Products Pipelines practice participate directly in the legislative, regulatory, and political processes at all levels. 

Pipeline Safety and Compliance

PHMSA continues to expand the scope of its pipeline safety regulations. Van Ness Feldman advises natural gas, oil, refined products and liquids pipeline owners and operators on pipeline safety matters including compliance with regulatory requirements, enforcement, litigation issues, risk management, and assists clients obtain Special Permits authorizing the use of new materials and technologies. 

OUR CLIENTS

Our clients are involved in almost every aspect of the oil, refined products, and liquids industries, and include:

• Oil, refined products, liquids and CO₂ pipelines
• Investors and lenders involved in acquisition of oil, refined products, liquids facilities
• Offshore and continental exploration and production interests
• Large industrial consumers of refined products
• Energy trading companies and commodities brokers
• Petroleum refiners

REPRESENTATIVE MATTERS

• Representing oil pipeline companies with infrastructure development in North Dakota and Minnesota.
• Assisting an Australian company that was interested in buying a minority interest in pipelines by providing an analytical overview of the entire industry and performing regulatory due diligence for what became a successful bid.  
• Representing several oil and industrial products pipelines (including ammonia and CO₂ pipelines) in ongoing FERC and Surface Transportation Board (STB) regulatory matters.
• Securing dismissal by FERC of a complaint against an oil pipeline operator.
• Filing a market-based rate application on behalf of a pipeline company and litigating the application through FERC, resulting in our client receiving desired rates.  In addition, we represented the client before the STB during a litigation and rate case.
• Advising pipeline operators on a range of tariff filing issues, including cost-of-service filings and appropriate accounting treatment for costs associated with pipeline safety compliance programs.
• Counseling pipeline operators with respect to the requirements of the federal Pipeline Safety Act and other PHMSA regulations that establish design, construction, operating, maintenance, and inspection requirements for owners and operators of oil and hazardous liquids pipeline facilities.