Randall Rich is the Leader of our Energy Practice Group and the partner-in-charge of the Washington, DC office. Throughout his over 35 years of experience, beginning in the Office of General Counsel of the Federal Energy Regulatory Commission (FERC) and continuing for more than 23 years at Bracewell, LLP, Randy always strives to form close personal bonds with clients as well as trusting relationships with both regulators and his colleagues in the energy bar. He gains an intimate understanding of the business and legal needs of clients by working for extended periods in their offices, hand-in-hand with in-house counsel. Randy guides clients through the rapidly changing regulation of the natural gas industry at the federal and state level, providing sophisticated counseling and representation in contested proceedings, multi-party settlements, applications, rulemakings and enforcement investigations.

Randy represents all segments of the energy and utility industries before the FERC, the U.S. Department of Energy, and state public utility commissions. He provides comprehensive legal counsel on natural gas regulation and policy, pipeline and utility ratemaking, tariffs, certificates and abandonment; natural gas transportation, gathering, marketing and trading; enforcement of and compliance with the Natural Gas Act (NGA), Natural Gas Policy Act of 1978 (NGPA), and FERC regulations; natural gas business transactions; and oil pipeline regulation under the Interstate Commerce Act (ICA).

Since joining Pierce Atwood LLP as a partner in the Energy Practice Group in 2009, Randy continues to work with the firm's natural gas, oil and petroleum products clients before FERC and in related matters, including marketer/trader, producer and end-user clients and New England-based gas pipelines, LDCs and end-users with a significant and growing interest in natural gas, and crude oil and products producers, shippers and pipeline owners. He also has worked with consultants to foreign governments to draft new natural gas laws. His long-time representation of the Independent Oil & Gas Association of West Virginia and the Pennsylvania Independent Oil & Gas Association gives Randy keen insight into the development, production, and marketing of Marcellus and Utica shale natural gas, a game-changing supply of clean, strategically located domestic fuel that will power the eastern United States for the next century.

Honors & Distinctions

  • Recognized by Chambers USA since 2009 as a leading individual in Nationwide Energy: Oil & Gas (Regulatory and Litigation), and since 2017 in the Chambers Global Guide in the same category
  • Rated AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell
  • Recognized since 2014 as a Washington DC Super Lawyer in the area of Energy and Natural Resources

Professional Activities

  • Energy Bar Association, 1986-present; Board of Directors, 2004-2007; Member, Natural Gas Regulation Committee, 2014-2018; FERC Practice Committee, 2015-2018; Organizing Committee for Enforcers and Defenders Forum, 2016-2018
  • American Bar Association, 1986-present
  • Independent Oil & Gas Association of West Virginia, Inc., 1986-present

Publications

  • Contributor to Pierce Atwood’s Energy Infrastructure blog
  • Panel Moderator, Maine Natural Gas Conference (October 2017)
  • Speech to Independent Oil & Gas Association of West Virginia, Inc. Summer Meeting (August 2017)
    • Randy provided the Federal Energy Regulatory Commission (FERC) update in the Educational Session. Randy spoke on FERC's new Commissioners, quorum issues, and pending pipeline projects.
  • Speech to Independent Oil & Gas Association of West Virginia, Inc., FERC Gas Transportation 101 (April 2017)
  • Panel Moderator, Energy Bar Association Enforcers and Defenders Forum (April 2017)
  • Speech to Maine Natural Gas Conference (October 2016)
    • Randy spoke on natural gas supply.
  • Speech to Independent Oil & Gas Association of West Virginia, Inc. Summer Meeting (August 2016)
    • Randy spoke on recent developments at the Federal Energy Regulatory Commission (FERC) of interest to IOGA's Appalachian natural gas producer and marketer members. Randy serves as FERC and Washington, DC counsel to IOGA.
  • Speech to Maine Natural Gas Conference (October 2015)
    • Randy spoke on gas service to industrial end users.
  • Speech to University of Texas School of Law 14th Annual Gas and Power Institute (September 2015)
    • Randy spoke of key FERC orders in the past year.
  • Speech to Energy Bar Association Annual Meeting (June 2015)
    • Randy spoke on "The FERC Way" and participated on a panel discussing steps practitioners should take to preserve arguments and appellate rights in FERC proceedings.
  • Energy Law & Transactions, Natural Gas Gathering Chapter (LexisNexis 2017) (Principal Author)

Civic Activities

  • Pierce Atwood Pro Bono Committee (2014-present)
  • Member, 40th Reunion Committee, Brandeis University Class of 1977, after-dinner speaker (2017)
  • Ladue (Mo.) Education Foundation - Participated in a mock debate at event honoring former Horton Watkins (Ladue) High School Debate Coach and English Teacher, Wild Bill Heyde (2015)
  • Member, Washington Lawyers' Committee for Civil Rights and Urban Affairs, 2004-present
  • GeoPlunge "Coach," Patterson Elementary (DC), Anne Beers Elementary (DC) (2013-2018)
  • Alumni Speaker, Practicing in Washington, DC, 30th Reunion, Washington University School of Law, 2010

 

Practice Areas

Representative Experience

  • Representing large crude oil producer in negotiations to become an anchor shipper on new crude oil pipeline projects, including FERC regulation, Interstate Commerce Act, rate and tariff advice, transportation service agreement, and open season process. (2016-2018)
  • Represented Delaware City Refining Company (PBF Energy) in the settlement of Eastern Shore Natural Gas Company’s FERC rate case. (2017)
  • FERC Natural Gas Transportation Compliance Training for natural gas producers and marketers. (2017)
  • Representing Central Maine Power in obtaining a Presidential Permit for the US-Canada border crossing of the New England Clean Energy Connect transmission project. (2017-2018)
  • Represented Energy Corporation of America and First ECA Midstream in obtaining a waiver from FERC to permit the orderly transfer of firm transportation agreements related to the sale of ECA’s business to Greylock Energy. (2017)
  • FERC Enforcement Staff elected to take no action on a self-report regarding a crude oil pipeline owner’s operation without a waiver of the Interstate Commerce Act or a FERC Tariff. (2017)
  • Representing NTE Energy in natural gas supply and contracting matters, including negotiation of NAESB agreements, ISDA Gas Annexes, Energy and Fuel Management agreements, and pipeline interconnection agreements for the development of new gas-fired power plants. (2014-2018)
  • Represented anchor shippers on two new natural gas pipeline projects on credit and payment disputes with pipeline. (2016-2017)
  • Representing Canadian shipper/end-user on US pipelines in obtaining natural gas export authorization from the US Department of Energy. (2016-2017)
  • Represented First ECA Midstream, LLC in obtaining a certificate of public convenience and necessity from FERC for a natural gas pipeline. (2015-2016)
  • Represented North Dakota crude oil pipeline owner in tariff and Interstate Commerce Act regulatory matters and joint tariff with another pipeline to move crude to Dakota Access Pipeline in lieu of rail transportation. (2016)
  • Represented owner of crude oil pipeline system in FERC and Interstate Commerce Act regulatory issues affecting the sale of the pipeline. (2016)
  • Represented Independent Oil & Gas Association of West Virginia, Inc. and Pennsylvania Independent Oil & Gas Association in negotiating a settlement establishing a reasonable natural gas retainage rate (for lost and unaccounted-for gas) on Columbia Gas Transmission’s low pressure transmission and gathering system. (2013-2016)
  • Represented Independent Oil & Gas Association of West Virginia, Inc. and Pennsylvania Independent Oil & Gas Association in negotiating a revised gas quality settlement with Texas Eastern Transmission. (2016)
  • Represented Energy Corporation of America is a successful petition for waiver of FERC capacity release regulations and policies related to a sale of natural gas reserves to Washington Gas - obtained in 30 days. (2015)
  • Represented Granite State Gas Transmission, Inc. in the pre-filing negotiation, preparation, and submission to FERC of an unopposed extension of a 2011 settlement permitting the pipeline to continue to make limited Section 4 rate filings to recover the annual capital costs of certain pipeline replacement projects, avoiding a full general rate case filing. (2015)
  • Represented Independent Oil & Gas Association of West Virginia, Inc. in the extension of its natural gas gathering and products extraction rate settlement with Dominion Transmission, Inc. (2015)
  • Represented Mercados Energy Markets as advisor to the Ministry of Science, Technology, Energy and Mining of Jamaica in creating and drafting a new natural gas act. (2013)
  • Representing Independent Oil & Gas Association of West Virginia, Inc. and Pennsylvania Independent Oil & Gas Association in Columbia Gas Transmission Modernization (capital cost recovery) proceedings. (2013-2017)
  • Represented the developer of natural gas and crude oil gathering and processing facilities in Oklahoma on FERC Natural Gas Act and Interstate Commerce Act jurisdictional issues. (2015)
  • Represented shippers in the negotiation of precedent agreements for Spectra's Atlantic Bridge pipeline project and other proposed pipeline projects to serve New England. (2014-2015)
  • Representing numerous shippers in FERC rate cases filed by Gulf South Pipeline, Florida Gas Transmission, Transwestern Pipeline, and a pre-filing settlement filed by Tennessee Gas Pipeline. (2015)
  • Represented EOG Resources Marketing in the Zydeco Pipeline FERC rate proceeding under the Interstate Commerce Act. (2014-2015)
  • FERC Enforcement Staff elected to take no action on a self-report regarding buy/sell arrangement we prepared for a gas marketing client. This is the third self-report on natural gas transportation issues we have prepared since 2012 that has resulted in no penalty or other action. (2014)

Representative Experience

  • Representing large crude oil producer in negotiations to become an anchor shipper on new crude oil pipeline projects, including FERC regulation, Interstate Commerce Act, rate and tariff advice, transportation service agreement, and open season process. (2016-2018)
  • Representing NTE Energy in natural gas supply and contracting matters, including negotiation of NAESB agreements, ISDA Gas Annexes, Energy and Fuel Management agreements, and pipeline interconnection agreements for the development of new gas-fired power plants. (2014-2018)
  • Represented First ECA Midstream, LLC in obtaining a certificate of public convenience and necessity from FERC for a natural gas pipeline. (2015-2016)
  • Represented North Dakota crude oil pipeline owner in tariff and Interstate Commerce Act regulatory matters and joint tariff with another pipeline to move crude to Dakota Access Pipeline in lieu of rail transportation. (2016)
  • Represented owner of crude oil pipeline system in FERC and Interstate Commerce Act regulatory issues affecting the sale of the pipeline. (2016)
  • Represented the developer of natural gas and crude oil gathering and processing facilities in Oklahoma on FERC Natural Gas Act and Interstate Commerce Act jurisdictional issues. (2015)
  • Represented shippers in the negotiation of precedent agreements for Spectra's Atlantic Bridge pipeline project and other proposed pipeline projects to serve New England. (2014-2015)