Brian Heslin

Brian Heslin

Moore & Van Allen PLLC

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Latest Publications


EIA Report of Comprehensive December 2013 and 2013 Total Energy Stats

EIA Report of Comprehensive December 2013 and 2013 Total Energy Stats: The U.S. Energy Information Administration Monthly Energy Review was changed in March 2014 and now contains 2013 preliminary statistics for U.S. total...more

4/17/2014 - EIA Energy Market

FERC Approval of Transboundary Natural Gas Pipeline into Mexico

FERC recently granted a Presidential Permit and National Gas Act Section 3 authorization for Houston Pipe Line Company LP to build a transboundary pipeline to export and/or import natural gas from Texas into Mexico. The...more

4/10/2014 - Energy Exports FERC Mexico Natural Gas Pipelines

EIA Electric Power Monthly Update Reports “Shakeup” of Regional ISO Operations

The U.S. Energy Information Administration released its latest Electric Power Monthly Update on March 21, 2014, which reflects significant changes in regional electricity system operations that the report calls “the biggest...more

4/7/2014 - Energy Infrastructure MISO Utilities Sector

House Energy & Power Subcommittee Review of Bill to Expedite LNG Export Approval

Last week, the House Energy & Commerce Committee’s Subcommittee on Energy and Power reviewed H.R. 6, the Domestic Prosperity and Global Freedom Act, which was introduced by Rep. Cory Gardner (R-CO) to expedite liquefied...more

4/3/2014 - DOE Energy Policy Exports Liquid Natural Gas Oil & Gas

FERC – CFTC Interagency Surveillance and Data Analytics Working Group

The Commodity Futures Trading Commission (“CFTC”) and Federal Energy Regulatory Commission (“FERC”) recently announced the formation of an interagency Surveillance and Data Analytics Working Group as one of the next steps to...more

3/31/2014 - CFTC Dodd-Frank FERC Surveillance

FERC February 2014 Energy Infrastructure Update

FERC February 2014 Energy Infrastructure Update: FERC’s February 2014 Energy Infrastructure Update, released March 20th, reflects developments in natural gas pipeline projects to service the Midwest and Southeast, LNG...more

3/29/2014 - Energy FERC Infrastructure

FERC Technical Conference re: Winter 2013-2014 Operations and Market Performance in RTOs and ISOs Apr 1, 2014

FERC Technical Conference Re: Winter 2013-2014 Operations And Market Performance In Rtos And Isos April 1, 2014: On April 1, 2014, FERC will hold a technical conference to discuss the impacts of recent cold weather events on...more

3/19/2014 - FERC ISOs RTO

House Energy & Power Subcommittee Hearing Series: “Benefits of and Challenges to Energy Access in the 21st Century”

The House Committee on Energy and Commerce, Energy & Power Subcommittee recently held the second hearing in its series “Benefits of and Challenges to Energy Access in the 21st Century.” The hearing focused on fuel supply and...more

3/18/2014 - Energy Policy Fuel Standards Infrastructure Trucking Industry

Will Congressional Pressure on the CFTC to Share Information With FERC Bear Fruit?

The Federal Energy Regulatory Commission (“FERC”) has identified ferreting out energy market manipulation as a priority in its enforcement efforts. On January 2, 2014, FERC and the U.S. Commodity Futures Trading Commission...more

3/17/2014 - CFTC FERC Information Sharing Memorandum of Understanding

President’s FY 2015 Budget Proposal for DOE

President’s FY 2015 Budget Proposal For Doe : On March 4, 2014, U.S. Secretary of Energy Ernest Moniz discussed in detail the $27.9 billion Fiscal Year 2015 budget request for the DOE submitted by President Obama. ...more

3/12/2014 - DOE Federal Budget

The Keystone XL Pipeline: More Debate and Delay?

The debate and delay surrounding the Keystone XL pipeline project proposed to be built by TransCanada Corp. continue. When the State Department released its Final Supplemental Environmental Impact Statement (“FSEIS”)...more

3/11/2014 - Department of State Environmental Assessments Keystone XL Pipeline Pipelines

FERC Jan. 2014 Energy Infrastructure Update Highlights Natural Gas Reverse Flow Capacity Issues & Gas-Electric Interdependency

The recently released FERC January 2014 Energy Infrastructure Update natural gas highlights include Texas Eastern’s request for authorization to construct and operate an Ohio pipeline project that will provide “550 MMcf/d of...more

3/3/2014 - FERC Infrastructure Utilities Sector

The Gift That Keeps On Giving: CFTC’s Misaligned Definition of Forward Contracts Gives Rise to Another Potential Burden on LDCs...

In our recent post, “CFTC Forward vs. Trade Option: LDCs Still Struggle as Trade Option Reporting Deadline Looms,” we discussed the unintended impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act...more

2/26/2014 - CFTC Compliance Contract Interpretation Dodd-Frank LDCs Position Limits

Midstream Natural Gas Pipeline & Storage Providers Facing Pressure as Landscape of Gas Supply Changes?

The recent downturn of Boardwalk Pipeline Partners, LP raises eyebrows and questions regarding the impact that the change in natural gas supply is having on midstream providers of transportation and storage services. ...more

2/19/2014 - Natural Gas Oil & Gas Pipelines

Energy Information Administration February 2014 Short-Term Energy Outlook Analyzes Uncertainties in Global Oil & Other Liquids...

On February 11, 2014, the Energy Information Administration issued its February 2014 Short-Term Energy Outlook, including a Special Analysis Supplement titled “Uncertainties in the Short-Term Global Petroleum and Other...more

2/19/2014 - Energy Energy Policy Oil & Gas

NC Joint Legislative Commission on Energy Policy Explores LNG and In-state Oil & Natural Gas Exploration

Among the issues addressed during the February 4, 2014 meeting of the North Carolina Joint Legislative Commission on Energy Policy were (1) the current state of liquefied natural gas (LNG) exports and facilities and (2) the...more

2/19/2014 - Fracking Liquid Natural Gas Natural Gas Oil & Gas

CFTC Forward vs. Trade Option: LDCs Still Struggle as Trade Option Reporting Deadline Looms

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) added provisions to the Commodity Exchange Act (“CEA”) regarding the regulatory oversight of swaps transactions that have imposed unintended and...more

2/7/2014 - CEA Commodity Sale Agreements Consumer Protection Act Dodd-Frank Energy Forward Contracts Hedges Natural Gas Swaps Utilities Sector

The CFTC and FERC Began the New Year with Steps toward Enforcement Coordination via MOUs on Jurisdiction and Information Sharing

Several months ago we discussed the lack of coordination between the Federal Energy Regulatory Commission (“FERC”) and the U.S. Commodity Futures Trading Commission (“CFTC”) regarding energy market enforcement activities. ...more


The Investigative and Enforcement Priorities of the FERC Office of Enforcement

The past year has been marked by several record-breaking penalties imposed on companies and individuals by the Federal Energy Regulatory Commission (“FERC”) for alleged misconduct in the energy markets. On November 21, 2013,...more

12/16/2013 - Enforcement Actions FERC Investigations Settlement Surveillance

The DOE Continues to Approve the Expansion of U.S. Exports of Liquefied Natural Gas (LNG) to Non-FTA Countries

This year we have seen the U.S. Department of Energy (“DOE”) move relatively quickly to approve applications for authorization to export liquefied natural gas (“LNG”) to countries that do not have a free trade agreement with...more

11/25/2013 - DOE Exports Liquid Natural Gas Non-FTA Countries

The Criminal Side of Fracking: Individuals and Companies Face State and Federal Criminal Charges related to Handling and Disposal...

On Monday, October 28, 2013, the Clean Water Action national environmental organization (“CWA”) filed a federal civil lawsuit against Waste Treatment Corporation for the alleged illegal disposal of hundreds of thousands of...more

10/31/2013 - Clean Water Act Criminal Prosecution Endangered Species Act Fracking Waste Disposal Wastewater XTO

Natural Gas & Electricity Interdependency Update: FERC’s Third Quarterly Report on Gas-Electric Coordination

Pursuant to the Federal Energy Regulatory Commission (“FERC”) November 15, 2012 Order Directing Further Conferences and Reports, the FERC Staff issued its third Gas-Electric Coordination Quarterly Report to the Commission ...more

10/15/2013 - Electricity Energy Market FERC Functional Interdependence Natural Gas

Barriers to Cooperation between the CFTC and FERC Hinder Investigations into Energy Market Manipulation – A Legislative Fix May be...

The Federal Energy Regulatory Commission (“FERC”) has initiated investigations into energy market manipulation in the last two years that have resulted in nearly $1 billion in penalties and profit disgorgements from companies...more

9/30/2013 - CFTC Energy Market FERC Investigations Market Manipulation

Two Steps Forward Towards U.S. Liquefied Natural Gas (LNG) Exportation: Are We Moving Far Enough and Fast Enough?

On August 7, 2013, the Energy Department conditionally approved the application of Lake Charles Exports, LLC to export liquefied natural gas (“LNG”) to countries that do not have a Free Trade Agreement with the United States...more

8/13/2013 - Administrative Procedure Act DOE Exports Free Trade Agreement Natural Gas

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