Kirk’s practice focuses on complex energy issues, but clients can count on him to make things understandable and be commercially minded. According to 2015 edition of Legal 500, “Washington DC-based Kirk Morgan and managing partner Mark Lewis stand out in a class by themselves, and their ability to translate regulatory issues into creative commercial solutions is unbeatable.”
His clients include oil and gas pipeline developers, owners, operators and investors working on oil and gas related projects, transactions or facing controversies. Kirk also works with oil and gas pipelines and project developers with respect to their jurisdictional status, rates, capacity allocation methodologies, regulated practices and business opportunities. He is regularly called upon by pipeline clients and developers regarding new infrastructure projects, including greenfield pipelines and expansions of existing pipelines. This requires him to lead clients through the process of preparing open season materials, precedent and transportation agreements, tariffs, and the prosecution of certificate applications and other regulatory approvals.
Kirk also works with producers, marketers, and end users in connection with oil and gas transactions and compliance with Federal Energy Regulatory Commission requirements, and institutional investors and private equity funds in relation to energy regulatory requirements applicable to oil and gas investments, financing, mergers, acquisitions and restructuring transactions.
Recent Notable Matters
Joint venture — preparation, filing and prosecution of an application for FERC certificate approval of an approximately 255 mile interstate natural gas transmission pipeline to deliver 1.5 billion cubic feet per day of natural gas from receipt points in eastern Ohio to existing pipeline system interconnects in southeastern Michigan
Offshore interstate natural gas pipeline — preparation and prosecution of a NGA Section 4 rate case
Midstream company — construction and operation of oil pipeline gathering systems in the Denver Basin and Permian, including the preparation of open season materials, the negotiation of service agreements, and obtaining FERC approval of terms and conditions of service
Interstate natural gas pipeline company — planned construction of a new interstate pipeline system designed to deliver natural gas from receipt points in Texas to delivery points in Louisiana through a combination of greenfield pipeline construction and capacity lease subscriptions on existing pipeline systems
Midstream company — development of oil and natural gas gathering systems in the southern Delaware basin
Interstate natural gas pipeline company — preparation, filing, and prosecution of an application for FERC certificate approval of an approximately 37-mile long and will run from northwestern West Virginia into southeastern Ohio
Interstate natural gas pipeline company — preparation, filing, and prosecution of an application for FERC certificate approval to expand its pipeline system to transport an incremental 600,000 dekatherms per day of natural gas from production supply in the central Appalachian Basin
Interstate natural gas pipeline company operating in the Northeast — regulatory and jurisdictional issues relating to existing assets, including tariff issues, disputes, and the development of new pipeline services
Joint venture — negotiation of precedent agreements backing construction of approximately 300 miles on new natural gas pipeline extending from northwestern West Virginia to southern Virginia
Midstream company — commercial contracting and regulatory approvals associated with the sale of its gas utility and receipt by exchange of approximately 200 miles of interstate natural gas pipeline infrastructure
Intrastate pipeline company — FERC approvals required for expansion of pipeline facilities crossing the Mexico-United States border in Texas
Interstate natural storage facility in Louisiana — ongoing regulatory and commercial issues, as well as obtaining FERC certificate approval for expansion of existing facilities
Intrastate pipeline company — request for FERC approval of cross border, emergency natural gas transaction authority
Midstream company — regulatory and commercial issues associated with acquisition of interstate natural gas pipeline in Montana and Wyoming, including FERC certificate approval
Midstream company — regulatory and jurisdictional issues associated with construction of a natural gas plant delivery line in Pennsylvania
Oil pipeline company — regulatory and jurisdictional issues associated with a planned Texas to California pipeline project, including issues related to the conversion of an interstate natural gas pipeline to an oil pipeline
Marketing companies — applications at Department of Energy seeking authorization to export LNG
Multiple pipeline companies — internal reviews examining jurisdictional status of midstream assets and related compliance issues
Multiple gas gatherers and processors — efforts to remain exempt from FERC’s jurisdiction
Multiple intrastate pipeline and Hinshaws — commercial and regulatory issues associated with Section 311-type service
Natural gas storage company — confidential FERC enforcement investigation
Natural gas pipelines, producers, local distribution companies and natural gas marketers — prepared manuals and provided regulatory compliance training
Publications and Speeches
Chair, Platts Annual Pipeline Development and Expansion Conference, 2013-2016.
“Reasonable Rates of Return Benefits Pipelines and Shippers Alike,” Pipelines & Gas Journal, October 2016.
“Court Decision Could Change Tax Burden on Pipeline MLPs,” Midstream Business, July 2016.
“Another Bite at the Apple: Renegotiating Rates with Distressed Shippers,” Pipelines & Gas Journal, July 2016.
“Handling Change Management,” Midstream Business, February 2016.
“Credit Challenges to Project Development,” Midstream Business, July 2015.
"The Role of Regulation in Oil and Gas Pipeline Development," Gas Processors Association Convention, New Orleans, LA, April 17, 2012.
"Not All Pipelines Are the Same: Regulatory Differences Impacting Oil Versus Natural Pipeline Development," INGAA Foundation Annual Meeting, San Antonio, TX, April 11, 2012.