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  1730 Rhode Island Ave, NW
  Suite 600
  Washington, DC 20036-3116
  Telephone: 202.429.8800
  Facsimile:  202.429.8805

Firm Practice
With our broad public and private sector experience, John & Hengerer has assembled a diversified energy practice, emphasizing natural gas, electric utility, hydroelectric, cogeneration, and oil pipeline law. The attorneys handle both federal and state regulatory matters, along with contractual and other commercial aspects of the energy business. John & Hengerer represents many clients before the FERC in virtually all areas of that agency's regulatory jurisdiction, as well as before the Department of Energy, and also in service restructuring proceedings before many state regulatory commissions. Firm members have argued a number of appellate cases before the D.C. and Fifth Circuits, and are admitted in, and have participated in cases before, a number of other U.S. Circuit Courts of Appeals and the United States Supreme Court.

The Firm represents or advises a broad spectrum of energy clients, including natural gas producers, processors, and marketers; gas and liquids pipeline operators; gas storage companies, large industrial and municipal end-users of gas, a commodity futures exchange, several publicly-owned electric utilities, a number of cogenerators, and several power marketers. Our clients are based in the U.S., Canada, Mexico, and Norway.

Gas Industry Activities

The Firm's natural gas practice is extensive, both in terms of its scope and depth. Representing a variety of clients, the Firm actively participated in all the major pipeline open-access (Order No. 436) and unbundling (Order Nos. 636 and 637) proceedings. Members had previously been active in the early stages of the open-access carriage movement. The Firm's practice also includes extensive experience in pipeline rate proceedings before the FERC. As well, the Firm has actively represented clients in state-level LDC unbundling and comparability-of-service proceedings, and in general LDC rate proceedings affecting the interests of third-party suppliers and end-use customers of the LDCs. The Firm has been actively engaged in the development of hubs and market centers. Members have also been active participants on behalf of Firm clients in voluntary industry working groups on grid integration and electronic bulletin boards. The Firm represents and advises a number of major clients on regulatory matters relating to the development of gas pipeline and storage projects, and large gas-fired independent power projects.

Electric Power Activities

The Firm's experience in this field includes direct involvement in a broad variety of regulatory proceedings before FERC, DOE, CFTC, RUS, and a number of state commissions.

The Firm has been actively involved in the proceedings by which the FERC is attempting generically to foster competition in the electric power industry. These include (i) the development of largely self-governing Regional Transmission Groups and (ii) the promulgation of standards for pricing of third-party transmission services. Since issuance of the Commission's open access transmission rule in 1996 (Order No. 888), the Firm has continued its active involvement in proceedings before the Commission relating to the filing of open access transmission tariffs by public utilities and the development of regional power exchanges and independent system operators.

Since its inception, the Firm has been engaged by the New York Mercantile Exchange to provide legal counsel regarding the development of electric futures and options contracts. The Firm also represents clients in state proceedings regarding the restructuring of retail electric service offerings. In addition, the Firm has prepared and filed applications for approval of power marketer blanket rate schedules to permit the self-implementing sale-for-resale of power and energy generated by others at market-based rates, as well as applications for authority to transmit electricity to Canada and Mexico. The Firm also provides general advice in this area to a number of clients.

Similar to its gas work, the Firm has expanded its representation of its clients to numerous state-level electric unbundling and restructuring proceedings.

Oil/Liquids Transportation

The Firm also represents and advises a number of clients on matters involving the interstate carriage by pipeline of oil and liquids under the Interstate Commerce Act (administered by the FERC). Our clients include both entities owning and operating oil and/or liquids pipelines, as well as entities dependent on the provision by others of regulated "common carriage" service by means of such pipelines.

Additional Information

The Firm has installed state-of-the-art computing and telecommunications applications and has assembled a strong technical support team. As a result, the Firm operates with a very high degree of efficiency and has institutionalized a variety of procedures to ensure that its members are informed of developments affecting the industry on a real-time basis.

 

 Updated 08/14/2008

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