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Kirstin E. Gibbs

Partner

kirstin.gibbs@morganlewis.com

Washington DC Phone +1.202.739.5026 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

Kirstin Gibbs, co-leader of the firm’s energy industry team, as well as a leader of the climate change and sustainability working group, represents pipelines, producers, traders, marketers, utilities, and end users, on a host of issues. She handles transactional matters related to the development of new oil and gas infrastructure and regularly provides assistance with negotiation of midstream transportation and storage agreements, complex asset management agreements, and commodity transactions. Kirstin also counsels global clients interested in addressing climate change and sustainability initiatives by investing in clean energy technologies, including renewable natural gas and hydrogen, and decarbonizing their operations.

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.

Selected Representations

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
  • Advised on 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

Awards and Affiliations

Ranked, Energy: Oil & Gas (Regulatory & Litigation), Nationwide, Chambers USA (2010–2020)

Ranked, Energy: Oil & Gas (Regulatory & Litigation), USA, Chambers Global (2016–2021)

Recognized, Lawdragon 500 Leading Environmental & Energy Lawyers (2021)

Member, Practice Group of the Year, Energy, Law360 (2019)

Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)

MVP, Energy, Law360 (2019)

Leading Lawyer, Industry focus: Energy regulation: Oil and gas, The Legal 500 US (2019, 2020)

Recommended, Industry focus - Energy regulation: Oil and gas, The Legal 500 US (2012, 2014–2015, 2017, 2018)

Recognized, Energy Law, Washington, DC; Oil and Gas Law, Washington, DC, The Best Lawyers in America (2014–2020)

Top Woman Lawyer, The Best Lawyers in America (2016–2017)

Recognized, Energy and Natural Resources, Washington, DC Super Lawyers (2013–2019)

Member, Energy Editorial Advisory Board, Law360 (2018, 2019)

Energy & Environmental Trailblazer, The National Law Journal (2017)

Member, Public Utility, Communications and Transportation Law Section, American Bar Association

Member, Energy Bar Association

Admissions

  • District of Columbia
  • Maryland

Education

  • Catholic University of America, Columbus School of Law, 1997, J.D.
  • Le Moyne College, 1990, B.A.

Sectors

  • Energy

Services

  • Energy Regulatory
  • Project Finance Infrastructure Natural Resources
  • Energy Litigation
  • Climate Change

Regions

  • North America

Events

2/24/2021 - On the Road to Net Zero – Hydrogen and Other Paths
11/18/2020 - Morgan Lewis Global Sponsor Forum Navigating the Next: 2020 Election Implications for Private Fund Sponsors
10/3/2019 - Evening in Energy – San Francisco
9/18/2019 - Power Plant Closures and Repowering Roundtable
5/16/2019 - Evening in Energy – Washington, DC
4/4/2019 - Environmental Law Institute Master Class: Natural Gas and Pipeline Issues
9/25/2018 - Natural Gas Ratemaking 101
5/24/2016 - ACI’s 2016 Energy Trading Compliance & Regulatory Enforcement Summit
2/26/2015 - Platts 14th Annual Liquefied Natural Gas Conference
7/26/2014 - The Aspen Institute Forum on Global Energy, Economy, and Security 2014
2/26/2014 - Platts 13th Annual Liquefied Natural Gas Conference
10/9/2013 - Bracewell & Giuliani 2013 Oil & Gas Regulatory Symposium
7/14/2013 - AGA Legal Committee Forum 2013
3/1/2012 - Bracewell & Giuliani 2012 Oil & Gas Regulatory Symposium
11/3/2010 - 2010 World Shale Gas Conference and Exhibition
3/16/2010 - 2010 LNG Americas Summit

News

3/16/2021 - LawDragon 500 Leading Environmental & Energy Lawyers, LawDragon
7/15/2020 - Morgan Lewis Team Advises on IJGlobal’s North America Power Deal of the Year
2/19/2020 - Morgan Lewis Advises SJI on the Sale of Marina Thermal Facility
12/3/2019 - MVP: Morgan Lewis' Kirstin E. Gibbs, Law360
11/12/2019 - Four Morgan Lewis Partners Recognized as MVPs by Law360
3/25/2019 - Morgan Lewis Lawyers, Professional Staff Named to Law360 2019 Editorial Advisory Boards
5/14/2018 - 4 Things To Watch As FERC Sets Sights On Pipeline Policies, Law360
3/28/2018 - Morgan Lewis Partners Named to Law360 2018 Editorial Advisory Boards
6/6/2017 - Morgan Lewis Partner Named 2017 National Law Journal Energy & Environmental Trailblazer
10/27/2016 - Morgan Lewis Releases FERC Compliance: A Legal and Business Guide
2/16/2016 - Morgan Lewis Adds Prominent Oil and Gas Partner Kirstin Gibbs to Energy Team

Publications

4/2/2021 - Race Around the World to Achieve Net Zero Energy Consumption
3/19/2021 - FERC Modifies Water Quality Certification Waiver Period for Gas Projects
3/11/2021 - FERC Schedules Technical Conference to Discuss Electric System Reliability
2/19/2021 - FERC Focuses on Environmental Justice in Pipeline Certification Policy Statement
2/19/2021 - LawFlash: Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced
2/18/2021 - Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced
2/18/2021 - Texas Restricts Gas Exports Amid Cold Weather Crisis
2/17/2021 - Glick Brings Environmental Justice to the Forefront
1/29/2021 - The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement
1/28/2021 - Energy and Climate Update: Day 7 of Biden’s Presidency
1/27/2021 - New Natural Gas Infrastructure Likely to Face Challenges During Biden Administration
1/21/2021 - Biden Designates Glick as FERC Chair for Majority-Republican Commission
1/21/2021 - Energy and Climate Update: Day 1 of Biden’s Presidency
12/18/2020 - FERC Abruptly Terminates Proceeding on Oil Pipeline Affiliate Deals
12/18/2020 - FERC Proposes Revisions to Its Price Index Policy to Encourage Price Reporting
12/7/2020 - DOE Streamlines Environmental Reviews for LNG Exports to Certain Countries
12/1/2020 - Senate Confirms Two FERC Commissioners
11/18/2020 - Department of Energy Releases Updated Strategic Plan for Hydrogen Program
10/9/2020 - CFTC Subcommittee Issues ‘First of Its Kind’ Climate Risk Report
7/6/2020 - DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act
5/21/2020 - FERC to Convene Technical Conference on Long-Term Impacts of COVID-19 Pandemic
5/6/2020 - COVID-19: PHMSA Discretion to Enforce Certain New Gas Pipeline Safety Regulations
4/3/2020 - COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion
4/3/2020 - LawFlash: COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion
3/30/2020 - CISA Guidance Expands Scope of ‘Essential’ Energy Workers Amid COVID-19
3/27/2020 - PHMSA Notice to Operators: Stay of Enforcement and Enforcement Discretion for Certain Requirements Due to COVID-19
3/19/2020 - COVID-19: FERC Provides Overview of Operating Status & Regulatory Approach
2/26/2020 - Cyberattack Forces Gas Pipeline Shutdown
2/18/2020 - PHMSA Issues Final Rule on Underground Natural Gas Storage Facilities Safety
2/5/2020 - FERC Order Authorizing Pipeline Developers to Seize State-Owned Land
1/10/2020 - Environmental Rulemaking: Energy Infrastructure Implications
1/10/2020 - White House Proposes to Modernize and Streamline Its NEPA Regulations, Invites Public Comments
6/25/2019 - FERC Must Explain Departure from Methodology for Evaluating Index Rate Increases
6/11/2019 - First Circuit to Consider FERC Filed Rate Doctrine Implications on Retail Energy Prices
5/10/2019 - Trump Administration Continues to Clash with Courts over Energy Policy
4/30/2019 - Federal Courts Continue to Define State Permitting Authority Affecting Interstate Pipeline Projects
3/5/2019 - Calcasieu Pass Terminal Authorization Elevates Climate Change Concerns to the Forefront
2/22/2019 - FERC Ends Many Rate Inquiries and Initiates Another Investigation in Light of ‘One-Time Report’ Submissions
2/13/2019 - FERC Continues to Address Pipeline Tax Filing Proceedings
1/18/2019 - FERC Continues to Respond to Dozens of Pipeline Company Tax Filings
1/11/2019 - Natural Gas Prices, Production, Consumption, and Exports Show Increases in 2018
9/6/2018 - FERC, PHMSA Announce New Framework to Streamline Review of LNG Facility Applications
8/1/2018 - FERC Establishes Firm Dates for Pipeline Submissions of One-Time Report Related to the Tax Cuts and Jobs Act
7/26/2018 - DOE Adopts Rule to Expedite Authorization for Small-Scale Natural Gas Exports to Non-FTA Countries
7/24/2018 - Jurisdictional Pipelines Must Inform FERC of Rates in Light of Tax Cuts and Jobs Act
7/2/2018 - DOE/FE Policy Statement Confirms Stability of Long-Term Non-FTA Export Authorizations
6/20/2018 - CEQ Requests Comments on Changes to NEPA Review Process Governing Infrastructure Projects
6/19/2018 - FERC Commissioners Explain Priorities, Respond to Trump DOE Directive
6/15/2018 - NRC, FERC Enter into MOU to Protect CEII
6/4/2018 - DOE May Be Considering Mandatory Purchases to Support ‘Fuel-Secure’ Generation for 24 Months