Experience
Advising pipeline operator on a range of regulatory matters before PHMSA, TRRC and MnOPS, including hazardous facility orders, jurisdictional determinations, and new construction, along with enforcement-related matters.
Advising clients in navigating interactions with PHMSA, TRRC and MnOPS, assisting with inspection preparation, responses and communications with the agencies during inspections, assisting with written responses to PHMSA, TRRC and MnOPS enforcement actions.
Advising owners and operators of gas and liquid pipelines, with varying complexity of systems and facilities, on the impact and applicability of the Pipeline Safety Act, PHMSA regulations, and PHMSA guidance.
Performing jurisdictional analyses to determine whether the pipeline safety regulations apply to all or a portion of pipelines and facilities.
Drafting and negotiating commercial agreements such as connection, capacity lease, throughput and deficiency, operating, and terminaling.
Advising on preparation of procedures to comply with conversion-to-service requirements, including regulatory, jurisdictional, and permitting/authorization.
Drafting, negotiating and managing acquisition and divestiture of pipeline systems, including PSAs, assignment of pipeline right-of-way, services agreements, leases, permitting, transition services agreements, shared services agreements, etc.
Drafting and negotiating pipeline easements, permits, licenses, and encroachment agreements.
Advising on existing right-of-way matters, such as legal interpretation of easement agreements, guiding landowner and stakeholder engagement, and ensuring rights-of-way comply with regulations. Also advising the business not only on their legal rights, but more importantly counseling on the “right thing to do” as a pipeline owner, operator, and steward.
Acting as lead attorney to provide counsel, risk analysis, right-of-way acquisition, commercial negotiation/contracting, jurisdictional determinations, and overall business advice on multiple large projects, such as:
Reverse flow and conversion from crude oil to refined products of approximately 125 mile pipeline;
Acquisition and conversion to service of approximately 185 mile pipeline;
50 mile crude oil pipeline replacement project;
new construction of ~30 mile crude oil pipeline;
new construction of approximately 2 mile ammonia pipeline;
conversion to service of ammonia breakout facility.
Advising pipeline company on FERC jurisdiction for pipelines across the country. Providing counsel on ICA compliance for large common carrier pipeline. Creating and delivering live and virtual training for hundreds of employees on ICA compliance.
Serving as legal officer on incident management team when responding to a range of pipeline emergency response. Preparing and counseling on media statements, talking points for the media, landowners, ENGOs, governing agencies, and public officials.
Advising on agency reporting in response to a pipeline incident, including reporting to PHMSA, TRRC, and MnOPS and drafting required post incident reports.
Directing post-incident investigations, including root cause failure analysis, retention and management of outside experts and preparation of causation reports.
