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The American Gas Association and Van Ness Feldman Release 2013 FERC Manual

May 16, 2013

Washington, DC – The American Gas Association (AGA) and Van Ness Feldman, LLP today announced the release of the 2013 Edition of The AGA FERC Manual—A Guide for Local Distribution Companies.

Since the enactment of the Energy Policy Act of 2005, in which Congress gave the Federal Energy Regulatory Commission (FERC) powerful enforcement authority, local distribution companies (LDCs) and other users of pipeline services have been a particular focus of attention from FERC’s Office of Enforcement. In response, AGA commissioned this important manual.

The 2013 Edition of the AGA FERC Manual is an authoritative source of information about FERC’s governing statutes, as well as the rules that affect LDCs and other shippers. The AGA FERC Manual is organized to be a user friendly reference guide. It includes sections explaining FERC’s regulatory authority, offers insights about dealing with FERC’s various offices, including the Office of Enforcement, and provides guidance about developing and reviewing compliance plans. Also included in the AGA FERC Manual are summaries of some of the more complex FERC requirements, restrictions, and pronouncements, such as Capacity Release Rules and Penalty Guidelines. The 2013 Edition includes new and revised tables, charts, checklists, and hypotheticals.

As was the case with the original AGA FERC Manual, Lawrence Acker is the principal author and editor of the 2013 Edition. Many other Van Ness Feldman lawyers are contributing authors. Their work on the AGA FERC Manual covers a number of new subjects not included in previous editions, such as:

  • The evolution of FERC’s consideration of pipeline tariff provisions dealing with service interruptions;
  • FERC’s rate treatment of expenses and investments made in light of pipeline safety legislation and evolving environmental standards;
  • Limitations on pipeline market-based storage rates;
  • How waivers of Capacity Release Rules for restructuring transactions have evolved from the extraordinary to the routine;
  • Decisions of FERC and reviewing courts in litigated and settled cases considering market manipulation, including new restrictions on the scope of FERC’s jurisdiction; and
  • Cautionary notes about the authority of FERC and the Commodity Futures Trading Commission.

This edition of the AGA FERC Manual is accompanied by a 10 DVD set of recorded seminars and discussions conducted by Van Ness Feldman lawyers that reflect the latest regulatory and judicial developments, as well as a number of hypotheticals to challenge the viewer. The DVDs include: History of FERC Natural Gas Regulation; Dodd-Frank: The New Landscape of Natural Gas Regulation; Pipeline Services; Obtaining Capacity Directly from the Pipeline; Capacity Release; LDCs as Sellers of Natural Gas and as Transporters; Standards of Conduct; FERC’s Market Manipulation Rules After the Brian Hunter Decision; Enforcement, Investigations, Penalty Procedures, and Brian Hunter; and Compliance Planning.

The 2013 Edition of the AGA FERC Manual can be purchased by AGA members and the general public by clicking here.

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The American Gas Association, founded in 1918, represents more than 200 local energy companies that deliver clean natural gas throughout the United States. There are more than 71 million residential, commercial and industrial natural gas customers in the United States, of which 92 percent—more than 65 million customers—receive their gas from AGA members. Today, natural gas meets almost one-fourth of the United States’ energy needs.

Van Ness Feldman, LLP was founded in 1977 by former Congressional and Executive branch staff. The firm has offices in Washington D.C. and Seattle, Washington. Van Ness Feldman provides strategic business advice, legal and regulatory compliance counsel, representation in administrative proceedings and litigation, legislative and policy advocacy, and support for development, permitting, and transactions in energy and infrastructure projects. . Van Ness Feldman serves a diverse range of clients including leading LDCs, electric utilities, natural gas and oil production and pipeline interests, renewable energy project developers, manufacturing and industrial concerns, financial institutions and investment funds, and clean technology companies. Additional information is available at www.vnf.com.

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