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Recognized by The Hill political newspaper as an "energy-policy whiz," Jim Moriarty has practiced energy and transportation law in Washington, D.C., for over twenty-five years. He has broad experience in developing strategies for the prompt consideration of complex regulatory matters before the executive, legislative and judicial branches of government, and frequently represents clients before the Federal Energy Regulatory Commission, the Department of Energy and the Department of Transportation. Mr. Moriarty has drafted legislation that Congress adopted and the President signed that deregulated industries and preempted state law claims. These statutes survived constitutional challenges and are now uniformly enforced in courts across the United States. Education LL.M., Georgetown University Law Center, 1989 J.D., The Catholic University of America School of Law, 1982 B.A., with honors, Rutgers University, 1979 University Scholar Bar Admissions District of Columbia, 1982 Admitted To Practice U.S. Supreme Court D.C. Court of Appeals U.S. Court of Federal Claims U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. Court of Appeals for the D.C. Circuit Representative Experience Legislative Initiatives Energy Policy Act of 2005, Pub. L. No. 109-58 Significant funding and regulatory restructuring of the energy industry, including repeal of PUCHA, confirmation of LNG citing jurisdiction and other issues. Air Transportation Safety and System Stabilization Act, Pub. L. No. 107-42 (2001). Creation of Air Transportation Stabilization Board, establishment of $5 billion 9/11 compensation fund and issuance of up to $10 billion in loan guarantees. Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, Pub. L. No. 106-81 (2000) Amendments to allow air carriers to file for and obtain from Department of Transportation landing slots notwithstanding High Density Designations at Reagan National and LaGuardia Airports. Federal Aviation Administration Authorization Act of 1994, Pub. L. No. 103-305. Preemption of state laws and regulation and private lawsuits based on state laws applied to integrated, intermodal air/ground carriers. Trucking Industry Regulatory Reform Act, Title II of Pub. L. No. 103-311 (1994) Elimination of federal economic regulation. Mergers and Acquisitions $2.45 Billion acquisition of Cross Country pipelines as winning bidder in Enron Bankruptcy (Florida Gas Transmission, Transwestern Pipeline and Northern Border) (2004) $1.8 Billion acquisition of Panhandle Eastern Pipe Line Company from CMS Energy (2003) $420 Million sale of Southern Union Company’s Texas Distribution Company to Oneok, Inc. (2002) $575 Million acquisition of Williams Gas Central Pipelines from Williams Energy (2002) Antitrust Matters United Parcel Service, Inc. Development and defense of new pricing and service offerings for various UPS ground and air companies and legal structure of UPS Worldwide Logistics, including its interrelationship with affiliated companies and competitors. Southern Union Company Analysis of competitive issues raised by various acquisitions, including representation on first and second document requests before the Federal Trade Commission. Currenex, Inc. Domestic and international antitrust issues confronting Internet-based foreign exchange facilitator. VISX, Inc. International trade, anti-dumping, patent infringement and other proceedings before the Federal Trade Commission and International Trade Commission. White Collar Criminal National Bank Defense of Joint U.S. Department of Justice/FBI/Export-Import Bank investigation of National Bank and its directors and officers. Various Public Companies Representation in SEC Formal and Informal Investigations. Government Contracts Young and Rubicam Defense before GAO of U.S. Army award of multi-year, multi-million dollar advertising contract; representation before USAID on international contracts; small business set-asides and minority subcontracting; and monitoring FAR compliance. Exxon Corporation Development of constitutional takings claim based on embargo of tanker due to oil spill in Valdez, Alaska. United Parcel Service, Inc. FAR compliance issues and bidding for and awards of transportation contracts, including with Military Traffic Command. Martin Baker Aircraft Development of Leader-Follower Program; representation on solicitations, bids, awards and subcontractor issues; and FAR compliance with U.S. Navy. Alaska Unlimited, Inc. Negotiation of settlement with U.S. Corps of Engineers. Sea Lift Corp. Handling of Maritime Administration/Military Sealift Command contract renegotiations. Aleman Food Services, Inc. v. United States, 25 Cl. Ct. 201 (1992) Summary Judgment granted by Chief Judge of U.S. Court of Federal Claims ordering immediate recovery of workers’ compensation and unemployment insurance costs from the Air Force. Reported Decisions Representation of various companies in regulatory matters before the Federal Energy Regulatory Commission, including the following: Docket No. CP08-6-00, MidContinent Express Pipeline LLC Represent new 500 mile, $1.3 billion natural gas pipeline with a design capacity of 1,500,000 Dth/d. Docket No. CP06-459-000, Transwestern Pipeline Company, LLC Represent pipeline extension on $520 million expansion of 258 miles into the Phoenix, Arizona market. Ozark Gas Transmission, LLC, 120 FERC 61,277 (2007) Commission accepted challenge to proposed changes to system pressures that would have shut-in production. Southwest Gas Storage Company, 120 FERC 61, 223 (2007), 120 FERC 61,207 (2007), 117 FERC 61, 318 (2006) Defense of NGA Section 5 Complaint against a jurisdictional storage provider. El Paso Natural Gas Company, 120 FERC 61,208 (2007) Representation of Arizona interests in comprehensive restructuring of hourly and daily services, increased rate proposal and changes in penalty matrix. Transwestern Pipeline Company, LLC, 119 FERC 61, 323 (2007), 119 FERC 61,096 (2007), 117 FERC 61,134 (2006) Represent interstate natural gas pipeline in its comprehensive rate case before FERC. Rockingham Power, L.L.C., 117 FERC 62,094 (2006) Federal Power Act Section 203 authorization obtained to sell Dynegy’s jurisdictional facilities to Duke Power Company, LLC d/b/a Duke Energy Carolinas. New Dominion Energy Cooperative/Old Dominion Electric Cooperative, 115 FERC 61,025 (2006) Obtained Commission approval of partially contested settlement over the objections of the largest customer. Panhandle Eastern Pipe Line Company, LP, 115 FERC 61,014 (2006) Commission rejected challenges to fuel usage filings and upheld the informed judgment of a pipeline in developing a recovery proposal. Panhandle Eastern Pipe Line Company, LP, 114 FERC 62,326 (2006) Commission granted certificates to facilitate bi-directional gas flow. El Paso Natural Gas Company, 114 FERC 61,290 (2006) Secured interpretation of 1996 Settlement that resulted in imposition of rate caps for services through 2011. Trunkline LNG Company, LLC, 114 FERC 61,275 (2006) Obtained authorization to acquire interests in a gas turbine power generator and associated facilities. Trunkline Gas Company, LLC, 114 FERC 62,268 (2006) Obtained authorization for the abandonment and subsequent acquisition of interests in a pipeline. El Paso Natural Gas Company, 112 FERC 61,150 (2005) Representation of competing pipeline and Arizona local distribution company in establishing hearing and other procedures on rate case filing. Trunkline LNG Company, LLC, 112 FERC 61,140 (2005) Obtained amendment to prior certificate authorization to commence interim vaporization and to collect interim rates prior to project completion. Burlington Resources Oil & Gas Company, 112 FERC 61,053 (2005) On remand from the U.S. Court of Appeals for the D.C. Circuit, achieved order directing payment of ad valorem refund obligation. Excelon Corporation/Public Service Enterprise Group, 112 FERC 61,011 (2005) Advised various hedge funds on electric utility issues and approval of merger application. New Dominion Energy Cooperative, 110 FERC 61,275 (2005) Over applicant's objections, secured trial-type evidentiary hearing on proposed reorganization of 12 member cooperative and revised formula rates and services. Old Dominion Electric Cooperative, 110 FERC 61,274 (2005) Over applicant's objections, secured hearing on proposed disposition of jurisdictional facilities. Old Dominion Electric Cooperative, 110 FERC 61,165 (2005) Secured standing for indirect coop customer and suspension of proposed changes to expense accounts and rates. Panhandle Eastern Pipe Line Company, LP, 110 FERC 61,155 (2005) New contract demand reduction options for shippers approved. Trunkline Gas Company, LLC, 110 FERC 61,131 (2005) Certificate granted to increase pipeline diameter for looping project. Trunkline Gas Company, LLC, 109 FERC 62,220 (2004) Abandonment granted and certificate issued for new compressor on South Texas system. Trunkline Gas Company, LLC, PA03-13-000 (2004) Concluded fourteen-month audit by Office of Market Oversight and Investigations. Key Span LNG, L.P., CP04-283-000 (2004) Achieved settlement on behalf of incumbent LDC regarding proposed conversion of existing LNG storage facility to a marine based LNG import terminal in Rhode Island. Trunkline LNG Company, LLC, 108 FERC 61,251 (2004) Expansion of largest LNG import terminal in North America and certification of related pipeline construction, including rolled-in rate treatment. Panhandle Energy, RP04-479-000 (2004) Development of compliance plan and structural/organizational changes for five transmission providers consistent with FERC Order No. 2004. Commonwealth Energy Corporation, 107 FERC 62,062 (2004) Federal Power Act Section 203 authorization obtained to dispose of jurisdictional facilities. Panhandle Eastern Pipe Line Company, LLC, 106 FERC 61,194 (2004) Discount rates, published index prices and capacity release. New England Gas Company, 106 FERC 62,045 (2004) Obtained NGA Section 7(f) service area determination in Rhode Island. Trunkline Gas Company, LLC, 106 FERC 61,019 (2004) Elimination of fuel use charges to facilitate LNG imports. Citizens Communications Company and Vermont Electric Power Company, Inc., 105 FERC 62,028 (2003) Federal Power Act Section 203 authorization obtained to sell jurisdictional transmission facilities. Indicated Shippers v. Trunkline Gas Company, LLC, 105 FERC 61,394 (2003) Tariff restrictions on gas quality, interchangeability, OFOs and Critical Notices. Vermont Electric (2003) Negotiation of Master Power Purchase Agreements with various suppliers. El Paso Electric Co. (2002) Due diligence evaluation of target company, including nuclear plant and stranded cost issues. United Parcel Service. Inc. (2002) Analysis of nationwide supply of electricity and natural gas. El Paso Natural Gas Company, 100 FERC 61,285 (2002), reh’g denied, 104 FERC 61,045 (2003) Reallocation of capacity and costs among customers in California, Nevada, Arizona, New Mexico and Texas. Williams Gas Pipelines Central, Inc., 100 FERC 61,232 (2002) Implementation of FERC Order No. 637 and monthly/daily balancing and penalty issues. Enbridge Pipelines (KPC), 100 FERC 61,260 (2002) Litigated all rate base items, including acquisition premiums, rate of return, capital structure, corporate overhead allocation, depreciation, O&M expenses, A&G expenses and contract rates. EPGT Texas Pipeline, L.P. (now GulfTerra Texas Pipeline, L.P.), 99 FERC 61,295 (2002), reh’g denied, 106 FERC 61,184 (2004) For the first time, established NGPA Section 311 intrastate transportation rates based on FERC Order No. 436 et. al, including a separate gathering rate which is unbundled from the ordered mileage-based transmission rate. Williams Gas Pipelines Central, Inc., 93 FERC 61,263 (2000) Recovery and refund of over $100 million in Kansas ad valorem taxes. Pennsylvania Enterprises, Inc., PEI Power Corporation, PG Energy Power Plus and Southern Union Company, 89 FERC 62,087 (1999) Federal Power Act Section 203 authorization obtained for disposition of jurisdictional facilities. Phelps Dodge Corporation v. El Paso Natural Gas Company, 86 FERC 61,110, reh'g denied, 87 FERC 61,297 (1999) Commission denied new delivery point to industrial customers for a refinery to protect client's pre-existing rights to service. Williams Natural Gas Company, 85 FERC 61,285 (1998) Active participation in litigated case seeking a $27 million annual rate increase. Missouri Gas Energy v. Williams Natural Gas Company, 81 FERC 61,350 (1997), reh’g denied, 83 FERC 61,052 (1998) In case of first impression, litigated contract right of first refusal provisions for no-notice, market area and production area transportation services. El Paso Natural Gas Company, 79 FERC 61,028 (1997) Litigation and ten year rate and service settlement to address capacity turn backs and cost reallocations. Missouri Gas Energy v. Panhandle Eastern Pipe Line Company, 75 FERC 61,166 (1996) Established new nationwide standard for economic valuation of capacity demands and a pipeline’s interconnection obligations. Transwestern Pipeline Company, 72 FERC 61,085 (1995) Litigation and ten year rate and service settlement to address capacity turn backs and cost reallocations. Special Counsel to United Parcel Service, Inc. in transportation related litigation in federal and state administrative agencies and courts, including the following: UPS v. Juan A. Flores-Garaza, Treasury Secretary of Puerto Rico, 210 F. Supp. 2d 33 (D. Puerto Rico 2002), aff’d 2003 U.S. App. LEXIS 1930 (1st Cir. 2003) In re UPS EVIC Class Action Litigation, 2002 U. S. Dist. LEXIS 14049 (S.D.N.Y. 2002) United Parcel Service of America, Inc. v. Commissioner of Internal Revenue, 254 F.3d 1014 (11th Cir.2001) Responsible for overview, updating and rewriting of UPS National Litigation Manual provided to local counsel throughout the United States. Hunt v. United Parcel Service, 1994 WL 46051 (I.C.C. 1994) CTC Distribution Services v. United Parcel Service, Inc., No. CV3-92-215 (D.Minn. 1993) Zone Skip v. United Parcel Service and United Parcel Service of America , 8 I.C.C. 2nd 645 (1992), aff’d, 998 F.2d 1007 (3d Cir. 1993). B.J. Alan Co. v. United Parcel Service, 5 I.C.C. 2d 700 (1989), aff’d, B.J. Alan Co. v. ICC, 897 F.2d 561 (D.C. Cir. 1990), cert denied, 503 U.S. 1004 (1992) Press Release FERC Attorney James Moriarty Joins Locke Liddell & Sapp's Washington, D.C. Office 2/16/2006 FERC Enforcement After the Energy Policy Act of 2005 Professional History Partner in the law firm of Locke Liddell & Sapp Partner in the law firm of Fleischman and Walsh, L.L.P., 1995 2006 Associate and Partner in the law firm of Fulbright & Jaworski, 1982 1991, 1993-1995 Schnader, Harrison, Segal & Lewis, 19911993; Managing Partner, Washington, D.C. Professional Affiliations Member, American Bar Association Member, Energy Bar Association INGAA Legal Committee Member, Board of Regents, The Catholic University of America Community Leadership Representation of indigent defendants in criminal and civil matters before the D.C. Superior Court. Advisor to JFK Foundation for Educational Development in Ghana.
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