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Morgan II, Kirk
D. Kirk Morgan II
Partner
P: +1.202.828.5854
F: +1.202.223.1225

Natasha Orehowsky

+1.202.828.1712

Kirk Morgan is a member of Bracewell's energy practice. He focuses on energy-related projects, transactions and controversies. Kirk's clients include oil and gas pipeline developers, owners, operators and investors. 

Kirk counsels oil and gas pipelines and project developers with respect to their jurisdictional status, rates, capacity allocation methodologies, regulated practices and business opportunities. He regularly advises pipeline clients and developers regarding new infrastructure projects, including both new greenfield pipelines and expansions of existing pipelines.  In connection with this work, Kirk advises pipeline clients and developers with the preparation of open season materials, precedent and transportation agreements, tariffs, and the prosecution of certificate applications and other regulatory approvals.  In addition to working with oil and gas pipelines, Kirk regularly works with producers, marketers, and end users in connection with oil and gas transactions and compliance with Federal Energy Regulatory Commission requirements.  Kirk also advises institutional investors and private equity funds on the energy regulatory requirements applicable to oil and gas investments, financings, mergers, acquisitions, and restructuring transactions.

Kirk is nationally ranked by Legalease Ltd., Legal 500 USA Energy: Regulatory, 2015. According to 2015 edition of Legal 500, Washington DC-based Kirk Morgan and managing partner Mark Lewis ‘stand out in a class by themselves, and their ability to translate regulatory issues into creative commercial solutions is unbeatable.’

Representative Matters

Represented company in connection with its development of a new interstate natural gas pipeline, including FERC certificate issues and commercial agreements

Represented existing interstate natural gas pipeline company in connection with a significant expansion of its pipeline system, including the FERC pre-filing process, certificate issues, and commercial agreements

Represented interstate natural gas pipeline company in connection with regulatory and jurisdictional issues relating to existing assets, including tariff issues, disputes, and the development of new pipeline services

Represented joint venture in connection with its development of a new, 300-mile interstate natural gas pipeline, including the FERC pre-filing process and commercial agreements  

Represented company in connection with commercial contracting and regulatory approvals associated with the sale of its gas utility and receipt by exchange of approximately 200 miles of transmission pipeline

Represented joint venture in connection with the development of a new 1.5 Bcf/d, 250-mile interstate natural gas pipeline, including the FERC pre-filing process, certificate issues, and commercial agreements

Represented intrastate pipeline company in connection with FERC approvals required for expansion of cross-border pipeline facilities

Represented intrastate pipeline company in connection with request for FERC approval of cross border, emergency natural gas transaction

Advised company in connection with regulatory and jurisdictional issues associated with construction of a natural gas plant delivery line

Advised oil pipeline company in connection with regulatory and jurisdictional issues associated with a planned Texas to California pipeline project, including issues related to the conversion of an interstate natural gas pipeline to an oil pipeline

Represented interstate natural gas pipeline in connection with the preparation and settlement of a NGA Section 4 rate case

Represented marketing company in application at Department of Energy seeking authorization to export LNG

Advised interstate natural gas pipeline subsidiary on regulatory issues associated with its abandonment of a portion of its FERC-regulated system

Represented company in connection with regulatory and commercial issues associated with acquisition of interstate natural gas pipeline, including FERC certificate approval

Represented company regarding regulatory, commercial, and jurisdictional issues associated with the development of oil gathering system in Colorado

Advised multiple pipeline companies in connection with internal reviews examining jurisdictional status of midstream assets and related compliance issues

Advised multiple gas gatherers and processors in connection with their efforts to remain exempt from FERC’s jurisdiction

Advised multiple intrastate pipeline and Hinshaws regarding commercial and regulatory issues associated with Section 311-type service

Represented natural gas storage company in confidential FERC enforcement investigation

Prepared manuals and provided regulatory compliance training for natural gas pipelines, producers, local distribution companies and natural gas marketers

Publications and Speeches

“Reasonable Rates of Return Benefits Pipelines and Shippers Alike,” Pipelines & Gas Journal, October 2016.

“Another Bite at the Apple: Renegotiating Rates with Distressed Shippers,” Pipelines & Gas Journal, July 2016.

“Court Decision Could Change Tax Burden on Pipeline MLPs,” Midstream Business, July 2016.

“Handling Change Management,” Midstream Business, February 2016.

“Credit Challenges to Project Development,” Midstream Business, July 2015.

Chair, Platts 9th Annual Pipeline Development and Expansion Conference (October 22-23, 2014, Houston, TX).

Chair, Platts 8th Annual Pipeline Development and Expansion Conference (October 17-18, 2013, Houston, TX).

Speech, "The Role of Regulation in Oil and Gas Pipeline Development," Gas Processors Association Convention (April 17, 2012, New Orleans, LA).

Speech, "Not All Pipelines Are the Same: Regulatory Differences Impacting Oil Versus Natural Pipeline Development," INGAA Foundation Annual Meeting (April 11, 2012, San Antonio, TX).

Co-author, "An Uneven Playing Field Exists in Oil Versus Gas Pipeline Development," Oil & Gas Financial Journal, October 1, 2011.

Speech, "Oil Pipeline Development vs. Natural Gas Pipeline Development: An Uneven Playing Field," Platts Pipeline Development Conference (September 22, 2011, Houston, TX).

Co-author, "FERC Natural Gas Enforcement Hopefully Improved under New Administration," Natural Gas & Electricity Journal, February 2009.

Co-author, "Europe Needs to Break Out of a Captive Market," The Financial Times, June 19, 2007.

Education

J.D., magna cum laude, Catholic University of America, Columbus School of Law, 2001
B.A., summa cum laude, Catholic University of America, 1998

Bar Admissions

District of Columbia
Maryland

Affiliations

Energy Bar Association
Association of International Petroleum Negotiators

Noteworthy

Chambers & Partners, Chambers USA, Energy: Oil & Gas (Regulatory & Litigation), 2010-2016
Legalease, The Legal 500 United States, Energy: Regulatory, 2012, 2014-2016; Project Finance, 2010
Lead Articles Editor, Catholic University Law Review