Levi McAllister advises clients in the natural gas, petroleum, and electric power sectors of the energy industry. Levi’s practice focuses on compliance with regulatory provisions administered by the Federal Energy Regulatory Commission (FERC), the Commodity Futures Trading Commission (CFTC), and state public utility commission that affect the energy industry. He also advises clients on transactional matters concerning acquisitions, divestitures, mergers, and development of gas, petroleum, and electric generating infrastructure, with a particular focus on energy storage resource facilities.
In the natural gas and petroleum sectors, Levi handles administrative litigation before FERC for shippers affected by the rates, terms, and conditions of service applicable to transport on natural gas, crude oil and liquids pipelines pipelines. He represents entities that trade, produce, deliver, or ship natural gas, crude oil, and liquids in matters concerning pipeline safety and storage and the related regulations and requirements administered by the Pipeline and Hazardous Materials Safety Administration. Levi also counsels clients engaged in domestic and international transactional matters concerning natural gas, crude oil, or liquids infrastructure in negotiating transportation, storage, and commodity purchase and sale agreements.
In the electric power sector, Levi counsels electric utilities on issues arising in the development or procurement of energy storage resources. He has assisted both investor-owned utilities and project developers in drafting and negotiating power purchase and tolling agreements for the procurement of energy storage resources. In addition, Levi advises clients on issues pertaining applicable organized wholesale market rules and participation in those markets, the development, acquisition or divestiture of electric generation and electric storage resources, and compliance with FERC’s rules administered under the Federal Power Act (FPA).
Levi’s practice reflects significant experience advising clients subject to FERC and CFTC investigations of physical and financial energy commodity trading. He advises clients on lawful gas, power, and petrochemical trading strategies and advocates before FERC in non-public and litigated proceedings alleging fraudulent or manipulative trading activity in violation of the Natural Gas Act (NGA) and FPA, and before the CFTC in non-public and litigated proceedings alleging fraudulent or manipulative futures and derivatives trading in violation of the Commodity Exchange Act (CEA). Levi draws on this experience to develop company compliance programs, pursue internal investigations, and develop energy compliance training programs.
Levi brings to his energy practice experience defending gas and power refund claims associated with regulatory changes, market dislocations, and allegations of market manipulation and handling matters related to federal regulation of oil and natural gas, electric energy and ancillary services, and interstate pipeline safety and infrastructure.
Prior to joining Morgan Lewis, Levi served as a legislative aide to US Senator Kay Bailey Hutchison. He worked on a variety of regulatory measures, including the Energy Policy Act of 2005. He also served for three years as a legal assistant and law clerk to Chief Judge Andrew S. Effron of the US Court of Appeals for the Armed Forces.
Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)
Member, Practice Group of the Year, Energy, Law360 (2016)
Member, Energy Law Firm of the Year, US News & World Report/Best Lawyers (2015)
Recognized, "Rising Star," Washington, DC Superlawyers, Energy and Natural Resources (2015, 2016)
Recommended, Industry focus - Energy regulatory - conventional power, oil and gas, The Legal 500 US (2017, 2018)
Member, Energy Bar Association
Member, Federal Bar Association
Managing Editor, American University Law Review
Editor, Business Law Brief
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
12/27/2018 - NY Commission Adopts 3.0 GW Energy Storage Goal
11/16/2018 - FERC Releases 2018 Enforcement Report
11/9/2018 - SPP Moves Closer Toward Order No. 841 Compliance
7/24/2018 - Jurisdictional Pipelines Must Inform FERC of Rates in Light of Tax Cuts and Jobs Act
7/11/2018 - PJM Interconnection Implements New Requirements for Generator Interest and Asset Sales
6/19/2018 - FERC Commissioners Explain Priorities, Respond to Trump DOE Directive
6/15/2018 - NRC, FERC Enter into MOU to Protect CEII
2/22/2018 - How FERC's New Rule Paves The Way For Energy Storage, Law360
2/21/2018 - Landmark FERC Rule Paves Way for Electric Storage in Wholesale Markets
1/11/2018 - Natural Gas Rate Cases Expected in 2018
1/11/2018 - Natural Gas Transportation: 2018 FERC Rate Cases Are Expected to Raise Novel Issues
12/6/2017 - DC Circuit Rejects Challenges to FERC’s 2015 Oil Pipeline Rate Index
11/20/2017 - FERC Issues 2017 Enforcement Report
8/4/2017 - Senate Brings CFTC and FERC up to Quorum
6/16/2017 - US Supreme Court Imposes Limitations on Disgorgement
6/9/2017 - Inside The CFTC's Enhanced Whistleblower Protections, Law360
2/2/2017 - Law360 Article: FERC Energy Storage Policy Faces Uncertainty Under Trump
1/27/2017 - FERC Energy Storage Policy Faces Uncertainty Under Trump, Law360
12/22/2016 - FERC Income Tax Changes Could Impact Entire Energy Sector, Law360
12/20/2016 - PHMSA Sets Safety Standards for Underground Gas Storage Facilities
11/21/2016 - 2016 FERC Enforcement Report: Trends Continue, with More Court Fights
10/7/2016 - PHMSA Implements Authority to Issue Emergency Orders
9/12/2016 - Rise In Whistleblower Claims Likely With New CFTC Rules, Law360
9/2/2016 - CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority
8/12/2016 - MEP Files Proposed Tariff Revisions to Address Changing Market Conditions
7/27/2016 - Federal Court Grants Full Civil Trial to FERC Enforcement Target
7/20/2016 - DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy
6/29/2016 - Pipeline and Hazardous Materials Safety Administration Reauthorized
5/25/2016 - CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs
4/6/2016 - CFTC Proposes Dodd-Frank Relief to Certain Energy Industry Contracts
3/15/2016 - FERC Signals Intention to Closely Scrutinize Late Interventions
3/10/2016 - Decision Permits Rejection of Midstream Agreements in Bankruptcy
1/26/2016 - US Supreme Court Holds FERC Has Jurisdiction Over Demand Response
12/18/2015 - Congress Lifts Oil Export Ban
11/24/2015 - FERC Terminates Proceeding That Would Increase Reporting of Natural Gas Sales
11/20/2015 - FERC Issues Annual Enforcement Report
11/21/2014 - Recent Regulations Prompt Revamped FERC Pipeline Cost-Recovery Policy
11/21/2014 - Recent Regulations Prompt Revamped FERC Pipeline Cost-Recovery Policy
9/18/2014 - Distributed Generation: Benefits, Challenges, and the Future
9/18/2014 - Distributed Generation: Benefits, Challenges, and the Future
3/6/2014 - Evolving Issues Concerning Electric Capacity Markets
10/22/2013 - FERC Issues Order Addressing General Requirements for Reactive Power
5/23/2013 - Regulatory Issues Associated with Investments in Electric Industry Infrastructure
9/14/2012 - Dodd-Frank Act: Are You Ready?
9/13/2012 - Dodd-Frank Act: Are You Ready?
7/26/2012 - Implications of Integrating Variable Energy Resources
7/26/2012 - Order No. 764: Implications of Integrating Variable Energy Resources
6/27/2012 - Order No. 1000-A Transmission Planning and Cost Allocation
5/22/2012 - FERC Denies Rehearing of Order No. 1000
5/9/2012 - FERC Denies Market-Based Rate Application
3/12/2012 - FERC and Constellation Energy Commodities Group Settle Investigation
2/17/2012 - FERC Addresses Uncertainty Around Simultaneous Locational Exchanges
10/20/2011 - CFTC Issues Final Regulations on Position Limits for Futures and Swaps
10/7/2010 - Article: 'Transparency' In Natural Gas Markets? (Law360)
10/7/2010 - Transparency in Natural Gas Markets?, Law360
6/11/2010 - Cybersecurity Legislation Receives House of Representatives Approval
1/12/2010 - Webinar: FERC eTariff Requirements
1/12/2010 - FERC eTariff Requirements Webinar
7/31/2009 - Department of Energy Announces Major Loan Guarantee Funding Opportunities
1/16/2019 - Renewable Energy & Energy Storage Trends
1/9/2019 - Energy Storage Market Participation Models
9/25/2018 - Natural Gas Ratemaking 101
6/7/2018 - 2018 Energy Storage Roundtable
5/31/2018 - Emerging and Key Issues in Energy Storage Development: Changes to Organized Markets
4/12/2018 - Oil & Gas Regulatory Roundup – 1st Quarter 2018
3/23/2018 - Emerging and Key Issues in Energy Storage Development: Federal Regulatory Overview
1/11/2018 - Oil & Gas Regulatory Roundup – 4th Quarter 2017
12/6/2017 - 2017 Year in Review: FERC Enforcement
10/11/2017 - Oil & Gas Regulatory Roundup – 3rd Quarter 2017
6/29/2017 - Oil & Gas Regulatory Roundup – 2nd Quarter 2017
4/12/2017 - Oil & Gas Regulatory Roundup – 1st Quarter 2017
4/12/2017 - First Quarter Oil & Gas Regulatory Roundup 2017
2/28/2017 - Electric Energy, Oil, and Gas Regulatory Trends
1/11/2017 - Fourth Quarter Oil & Gas Regulatory Roundup 2016
10/11/2016 - Third Quarter Oil & Gas Regulatory Roundup 2016
8/31/2016 - Qualifying Facilities and PURPA: FERC’s Reassessment After Nearly 40 Years
2/21/2016 - SCCE 2016 Utilities & Energy Compliance & Ethics Conference
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