George Fatula has worked on billions of dollars of energy-related transactions, regulatory matters, projects and controversies. He advises natural gas, oil and liquids pipeline and storage project developers in negotiating terms of service and navigating the regulatory and approval process for the development of new and re-purposed pipeline infrastructure projects before the Federal Energy Regulatory Commission (FERC) and other regulatory agencies. George also represents producers, marketers and midstream service providers in commercial, transactional and FERC regulatory matters, including ongoing compliance, tariff and certificate proceedings, enforcement and contested matters.
George is actively involved in advising clients on compliance with Dodd-Frank derivatives regulations and has drafted extensive comments and consulted with federal regulators regarding rules impacting commodities and derivatives transactions on behalf of a variety of energy and other commodity market participants. He routinely counsels clients on regulatory and transactional issues in derivatives and financing transactions.
In addition, George has experience representing project sponsors and lenders in financing transactions involving domestic and international power projects, gas transportation and storage projects, and wind and other renewable energy projects.
Recent Notable Matters
Joint venture company — development of a new, 250-miles interstate natural gas pipeline, including negotiation and drafting of commercial agreements, FERC certificate proceedings and related matters
Natural gas company — development of a new 300-mile interstate natural gas pipeline, including negotiation and drafting of commercial agreements and regulatory matters
International company — regulatory matters in connection with acquisition of crude oil pipelines in Louisiana
Interstate natural gas pipeline company — all FERC matters, including tariff filings and regulatory compliance
Private equity company — regulatory matters in connection with acquisition of interstate natural gas pipeline and regulatory matters in connection with same pipeline
Midstream company — development of a new oil pipeline from production area in Texas, including advising on FERC regulatory issues and drafting and negotiating with counterparties regarding transportation service agreements, pro forma FERC tariff and open season terms and conditions
Pipeline company — development of a new oil pipeline project from North Dakota to the Midwest and Texas Gulf Coast destinations, including advising on FERC regulatory issues, drafting and negotiating transportation service agreements, drafting FERC tariff, and open season terms and conditions; also drafted and filed petition for declaratory order before FERC
Natural gas company — derivatives regulatory and transactional matters, including drafting commercial agreements and ongoing compliance questions
Numerous energy industry clients (oil/gas producers, transportation providers, midstream service providers, utilities and commodity traders) — connection with implementation of and compliance with Dodd-Frank Act regulations
Midstream company — development of a new 300-mile interstate natural gas pipeline to transport Marcellus shale production to market areas in the Southeast, including drafting and negotiating precedent agreements with anchor shippers, preparing and planning regulatory filings, and advising on open season commercial and regulatory matters
Midstream company — $1 billion transaction involving sale of gas utility, with the exchange of pipeline and storage assets and long-term associated service agreements
Energy company — preparation of several successful petitions for declaratory order before FERC in order to obtain approval for rate structure, terms and conditions of service for new interstate oil pipeline projects
Midstream company — acquisition of Texas intrastate refined products pipeline system
Independent power project developer — negotiating and drafting gas pipeline development and transportation agreements with municipality in connection with development of gas-fired power project
Major exploration and production company — negotiating and drafting bilateral agreements with bank counterparties to govern Dodd-Frank compliance for future derivatives transactions
Natural gas marketer — applying for and securing Department of Energy approval to export liquid natural gas
Energy trading company — defending FERC enforcement action alleging manipulation in regulated power markets
Midstream company — drafting tariff and service agreements for planned condensate pipeline
Affiliate of major U.S. bank — negotiating and drafting crude oil supply agreement for a refinery in connection with a nearly $1 billion acquisition of refinery and related pipeline assets and inventories
Interstate natural gas pipeline — securing FERC approval to abandon various certificated transportation facilities
Interstate natural gas pipeline — drafting and securing FERC approval of settlement agreement resolving various issues between the pipeline and shippers
Major exploration and production company — federal and state regulatory issues involved in $7 billion acquisition of various oil and gas operational and production assets
Two major U.S. internet companies — negotiating and drafting power purchase and energy transmission agreements to serve energy-efficient data centers in Oregon and New York
Gas marketing company — negotiating and drafting agreements related to importation of liquid natural gas (LNG), including terminal use agreements and capacity release
International lenders — financing of a 1,251 MW LNG-supplied power plant in Inchon, South Korea, and a related 284 MW bio-gas fired power plant in Gwangyang, South Korea
Publications and Speeches
“Court Decision Could Change Tax Burden on Pipeline MLPs,” Midstream Business, July 18, 2016.
“Credit Challenges to Project Development,” Midstream Business, July 31, 2015.
“Rising Commercial and Regulatory Issues in Shipper Contracts for Oil and Gas Transportation on New Infrastructure,” 5th Law of Shale Plays Conference, September 2014.
“Rising Commercial and Regulatory Issues in Shipper Contracts for Oil and Gas Transportation on New Infrastructure,” Platts Pipeline Development & Expansion Conference, September 2014.
“Pipelines for New Energy,” Energy & Infrastructure, April 2013.