Kirstin E. Gibbs

Kirstin counsels global and US-based clients in connection with liquefied natural gas (LNG) issues, including supply, siting, maritime issues, and obtaining import and export authorizations from the US Department of Energy (DOE). Her experience includes addressing unique commercial and regulatory issues affecting LNG regasification and liquefaction terminals and related pipeline capacity.

Kirstin also focuses on Federal Energy Regulatory Commission (FERC) compliance and enforcement issues involving natural gas companies, as well as all aspects of interstate oil and gas pipeline rates and tariffs, including matters involving administrative and appellate litigation.

Natural Gas, LNG, and Energy Transition Alternatives

• Serve as lead counsel to a natural gas company in connection with investments in renewable natural gas, liquefied natural gas, and combustible natural gas projects and the transportation of various forms of natural gas
• Represent developer of the largest carbon capture and sequestration project in the United States to date in connection with analyzing the regulatory implications of the project and in negotiating and drafting transportation service agreements and other related contracts for the transportation of carbon dioxide to a permanent storage facility
• Represent Gas utility system on a joint venture to develop a green hydrogen facility that will use the hydrogen produced via an offshore wind facility and blend with natural gas flowing in its local distribution utility systems
• Address issues related to use of hydrogen and the transportation of hydrogen by pipeline
• Serve as lead counsel on behalf of shippers  in interstate pipeline rate cases before FERC including all aspects of administrative and appellate litigation
• Negotiate and draft interstate and intrastate natural gas pipeline precedent agreements for transportation capacity, service agreements and rate agreements, natural gas gathering agreements and other transportation agreements
• Negotiate and draft complex asset management agreements and related long-term natural gas purchase and sale agreements (using NAESB)
• Lead regulatory due diligence with respect to acquisition and divesture of natural gas midstream and downstream assets 
• Serve as lead counsel on behalf of energy companies seeking authorization from the DOE to export liquefied natural gas to free trade agreement (FTA) and non-FTA countries
• Provide transactional advice related to negotiating agreements for access to liquefaction capacity and capabilities at US LNG export facilities
• Counsel a wide variety of energy companies on the application of FERC and DOE regulations to onshore and offshore US liquefaction and LNG storage terminals
• Serve as lead regulatory counsel on behalf of an LNG importer with respect to ongoing negotiations of numerous capacity arrangements at the Cove Point Terminal and related implementation, rate, and policy issues affecting capacity at the terminal, as well as downstream natural gas transportation and storage
• Serve as regulatory counsel on behalf of several LNG importers for the analysis of all federal regulatory issues affecting LNG importation and natural gas matters, including Natural Gas Act Section 3 and 7 authorization and certificate issues for LNG terminals and downstream pipelines, regasification and pipeline capacity transfer issues, and other rate and policy issues
• Serve as regulatory counsel for securing DOE import authorization for several LNG importers
• Provide counsel to LNG importers in analysis of commercial, regulatory, and policy developments affecting US LNG terminals
• Serve as counsel analyzing shippers’ rights and obligations under an LNG terminal tariff and numerous settlement agreements
• Serve as lead regulatory counsel to an LNG importer and natural gas marketer in pipeline-specific natural gas interchangeability proceedings at FERC
• Serve as lead regulatory counsel to an LNG importer and providing advice on general FERC policy matters involving capacity release and natural gas price transparency issues

Oil Pipeline Regulatory

• Counsel clients on jurisdictional and other questions related to siting oil and gas pipelines on the Outer Continental Shelf and onshore
• Advise clients on compliance with Interstate Commerce Act and Outer Continental Shelf Lands Act requirements related to awarding capacity on new or expanded oil pipelines
• Provide guidance to clients regarding the applicability of open access and nondiscriminatory requirements for offshore oil pipelines
• Obtain waiver of ICA regulations applicable to interstate oil pipeline located in North Dakota
• Counsel oil pipeline on tariff issues and filing tariff at FERC for approval
• Review precedent agreements on behalf of shipper clients for new and expanded oil pipeline facilities in the United States and Canada
• Represent a shipper before FERC in a proceeding involving a diluent pipeline and provide commercial and transactional advice regarding the related Transportation Service Agreement and tariff provisions
• Advise clients regarding FERC ratemaking issues involving capacity reserved for committed and uncommitted shippers 

FERC Regulatory Compliance and Enforcement

• Serve as lead counsel in FERC enforcement matter involving a local distribution company
• Serve as lead counsel to develop and implement FERC compliance programs, best practices, and training programs for a wide variety of natural gas trading and marketing clients, distribution companies, natural gas pipelines, and end-users
• Serve as lead counsel responsible for internal audits and compliance investigations related to FERC regulations applicable to natural gas trading and marketing companies, LNG and local distribution companies, and oil pipeline companies
• Serve as lead counsel conducting an internal investigation regarding two interstate pipelines’ compliance with FERC Standards of Conduct
• Provide advice on compliance with FERC regulatory requirements that impact natural gas and oil companies