FERC Abandons Tax Allowance in MLP Pipeline Rate Setting and Signals Changes Due to Tax Act Rate Drop
Senior CounselWashington, D.C.
Joel Zipp, a lawyer in Orrick’s Washington, D.C., office, is a member of the firm’s Energy & Infrastructure group with 40 years of experience in the energy industry. Joel advises a range of clients on energy market and regulation matters, including pipelines and shippers, on energy transactions, energy project development, the acquisition of energy assets and capacity.
He has extensive experience working with clients on conventional energy projects, such as oil and gas pipelines and LNG facilities. He has also advised on electric transmission matters and renewable energy issues. Prior to entering private practice, Joel served as an attorney in the Federal Energy Regulatory Commission's (FERC) Office of General Counsel, where he worked on large-scale energy projects such as LNG and coal gasification. He was also assistant director in its first Office of Enforcement, and a past president of the Energy Bar Association.
Joel advises and represents investors on federal and state energy regulatory and transactional matters surrounding the acquisition and construction of assets totaling billions of dollars in value. Joel has been general counsel, secretary, and project counsel for several joint venture interstate pipeline projects, including "greenfield" projects. He has been responsible for all legal aspects of joint venture and other pipeline projects from inception to commercial operation. In some cases, he served as part of the senior management team involved in all business issues and strategic decision-making.
In addition, Joel has advised on a range of rate and regulatory matters relating to electric energy markets administered by independent system operators (ISOs), including: representation before the FERC and as a voting representative for a client, at New York and New England ISOs management committee and subcommittee meetings; representation before NEPOOL and litigation before the NEPOOL Review Board; litigation on energy market prices in ISO administered markets; electric transmission access and pricing; and RTO formation.
His representation includes negotiating and drafting project agreements such as: construction, operation and maintenance and joint ownership agreements; the terms and conditions of FERC electric and gas tariffs; undivided ownership interests; precedent agreements and transportation contracts; and interconnection agreements. He also has been responsible for project financing, permitting, environmental review and right-of-way acquisition.
Joel also has broad experience working with local distribution companies, interstate and intrastate pipelines, midstream companies and end users on the full range of rate and certificate proceedings before the FERC, and has assisted European clients seeking to acquire ownership of and capacity in U.S.-based LNG terminal and related pipeline facilities. His experience in these matters includes: the heads-of agreement, LNG supply agreement, terminal use agreement, interconnection agreement and downstream transportation arrangements. He also negotiated a landmark ground lease for a LNG terminal host site and pipeline on publicly-owned land.
Joel has assisted clients on transactional, project and regulatory matters (including gas quality and interchangeability) concerning the gas and oil plays in the San Juan Basin, and the Marcellus, Utica, and Bakken shale plays. He has also represented Indian tribes on upstream and midstream gas and oil transactional, project and regulatory matters.
Joel was an Adjunct Professor of Law at Case Western Reserve University where he taught Energy Law.