Constitution Pipeline Company – Clean Water Act Section 401 Saga
Erik represents clients in connection with innovative projects; managing acquisitions; negotiating and documenting energy related transactions; securing energy related authorizations and certifications; energy industry bankruptcy and restructuring matters; and various administrative proceedings. For more than 20 years, Erik has successfully navigated energy regulatory matters for electric generation facilities and large commercial and energy consumers.
Erik’s recent experience includes advising NextDecade LLC in its FERC application to approve construction, ownership and operation of the multi-billion dollar Rio Grande LNG export facility and the Rio Bravo Pipeline Company natural gas pipeline, as well as Rio Grande LNG’s applications for LNG export authorizations.
Ranked in Legal 500, Erik is a sought-after speaker on energy industry developments and has presented across the United States, as well as in Africa, Asia, Canada and Europe.
Natural Gas and LNG
Served as lead U.S. energy regulatory counsel for Pieridae Energy (USA) Ltd. in securing the first ever authorizations from the Department of Energy’s Office of Fossil Energy approving natural gas exports into Canada for conversion into LNG and re-export. This project helped to integrate the North American natural gas markets and allow the Canadian LNG terminal developer of the Goldboro LNG export project in Nova Scotia to simultaneously take advantage of the more efficient Canadian LNG export terminal permitting process and low U.S. natural gas prices.
Served as lead U.S. energy regulatory counsel for Gulf LNG Energy in obtaining the first ever waiver from FERC to open access tariff requirements for a FERC jurisdictional natural gas pipeline serving an LNG Terminal. This allowed the project developer to avoid having to go through the expensive process of developing a cost-based pipeline tariff and obtaining FERC approval, and streamlined the commercial operation of the pipeline and transporter arrangements.
Served as lead energy counsel for the permitting of a gas storage project in Mississippi and the Calhoun LNG terminal in Texas, an important infrastructure development project for the state.
Advised client on hydro licensing matters in conjunction with the acquisition of a 360 MW hydro-electric project in the southeast.
Lead federal regulatory counsel for a power marketer with regard to the expedited transfer of assets under the Federal Power Act.
Negotiation on behalf of a major energy company of a 500 MW Energy Conversion Agreement (tolling contract) and related agreements including Securit Agreement, Consents, Intercreditor Agreement, Transportation Capacity Release and Letters of Credit with respect to a project in the northeast.
Lead representation in a major energy company's successful acquisition of 14 generating projects, including gas-fired cogeneration and geothermal small power production facilities located throughout the United States.
Advised a group of 42 electric distribution cooperatives on strategic matters surrounding electric industry restructuring, electric supply, disposition of generating assets and transmission matters.
Represented an energy company in several Federal Energy Regulatory Commission (FERC) proceedings to protect its access to electric transmission services at reasonable rates.
Led successful effort to dismiss gaming charges against an electric trading subsidiary of a major energy company in the FERC's proceedings addressing gaming and market anomalies in the Western electric wholesale markets.
Cross-Industry and Other
Advised a major gas company with regard to PG&E bankruptcy matters affecting its interests in cogeneration facilities, enhanced oil recovery operations and natural gas sales in California.
Assisted troubled energy projects with financial restructurings.
Negotiation on behalf of a college of a thermal energy supply agreement.
Advised a top multi-national fast food chain with respect to U.S. energy supply matters.
Advised a major forest products company with respect to a thermal energy supply agreement and potential acquisition of a steam plant.