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. 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.
American University, Washington College of Law, 2008, J.D., Cum Laude
University of Texas at Austin, 2003, B.S.
District of Columbia
US Court of Appeals for the Fifth Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for District of Columbia Circuit
Clerkship to Judge Andrew Effron of the US Court of Appeals for the Armed Forces (2008)
Awards and Affiliations
Next Generation Lawyer, Industry focus: Energy regulation: oil and gas, The Legal 500 US (2017–2019)
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)
Rising Star, Energy and Natural Resources; Utilities, Washington, DC Super Lawyers (2016–2019)
Recommended, Industry focus - Energy regulatory - conventional power, oil and gas, The Legal 500 US (2017, 2018)