Kenneth M. "Ken" Minesinger

Other Court Admissions

• U.S. Court of Appeals for the District of Columbia Circuit
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Court of Appeals for the Ninth Ci

Areas of Concentration

• Energy regulation
• Antitrust
• Energy litigation
• Energy projects

Significant Representations

• Represents major energy companies and other industry participants on numerous FERC regulatory and antitrust matters, including:
  • Rate case preparation, litigation, and settlement;
  • Certificate proceedings and related state PUC proceedings involving pipeline projects and transportation contracts;
  • LNG project safety/siting issues;
  • FERC Enforcement matters;
  • Antitrust compliance and M&A matters;
  • Settlement compliance;
  • Affiliate code of conduct issues;
  • Negotiated rate agreements;
  • Market-based rate authorizations; and
  • Compliance with FERC's anti-market manipulation rules.
• Represents sovereigns, including the State of Alaska regarding efforts commercialize oil and gas resources, including:
  • Regulatory and permitting issues, and other project development issues;
  • Fiscal agreements and production sharing agreements;
  • Review of gas pipeline and liquefied natural gas (LNG) project proposals and project development agreements; and
  • Antitrust and related competition issues.

Part 2

• Represented Ruby Pipeline concerning regulatory and related issues associated with the development and construction of a major new natural gas pipeline from the Rockies to the California/Oregon border.
• Acted as outside counsel in recent rate cases and other significant FERC matters for various companies, including El Paso Natural Gas Company, Tennessee Gas Pipeline Company, Mojave Pipeline Company, Colorado Interstate Gas Company, Wyoming Interstate Company, and Cheyenne Plains Gas Pipeline.
• Represented pipeline, at FERC and the D.C. Circuit, in obtaining dismissal of allegations that pipeline's transportation contracts with a major shipper were anticompetitive and unduly discriminatory.
• Represented pipeline, at the D.C. Circuit Court of Appeals, in obtaining affirmation of FERC orders requiring the conversion of full requirements contracts to fixed quantity contracts and rejecting allegations that pipeline withheld capacity during the California energy crisis of 2000 to 2001.
• Represented a major energy company in negotiating a consent judgment with the FTC regarding the sale of the company's natural gas pipeline and processing assets to another major energy company.
• Represented an oil refining company in responding to and substantially limiting the scope of a civil investigative demand in FTC investigation of increased Midwest refined products prices.

Part 3

• Has obtained FERC approval of various transactions under Section 203 of the Federal Power Act, which requires FERC authorization of wholesale electric power mergers and acquisitions.
• Has been responsible for electric power market-based rate authorization filings.
• Representation of various clients in oil pipeline proceedings and matters, including issues associated with rates and access to pipeline capacity for newly developed oil supplies.
• Represented clients on numerous antitrust M&A matters, including transactions involving:
  • Electric generation assets;
  • Oil field services companies, including offshore drilling companies, manufacturers of offshore drilling rigs, and oil and gas exploration technology firms;
  • Natural gas pipelines;
  • Natural gas processing and liquids companies; and
  • Oil pipelines.
• Conducted antitrust and FERC compliance seminars for major energy companies.
• Represented major energy companies defending antitrust lawsuits alleging exercise of monopoly power, market division, and market manipulation. Litigated filed rate doctrine and preemption related federal jurisdiction issues in these and other energy-related antitrust lawsuits.
• Represented major "clean coal" project before the Department of Energy in efforts to obtain federal tax credits provided by the Energy Policy Act of 2005.