Steven A. Weiler
PEOPLE

Steven A. Weiler

Of Counsel
weiler.steve@dorsey.com

Overview

WITH DECADES OF EXPERIENCE, PRINCIPALLY INVOLVING THE ELECTRIC, NATURAL GAS, AND OIL INDUSTRIES, STEVE HELPS ENERGY COMPANIES IN ADMINISTRATIVE ACTIONS, APPELLATE LITIGATION, REGULATORY COMPLIANCE, ENFORCEMENT INVESTIGATIONS, AND COMPLEX TRANSACTIONAL NEGOTIATIONS.

Steve recently worked with a merchant transmission developer on an HVDC transmission project connecting two Regional Transmission Organizations, helped electric utilities obtain approval to acquire renewable energy generation projects, advised utilities on electric interconnection issues, assisted renewable natural gas companies in the resolution of disputes with pipeline’s natural gas quality standards, and represented a producer in an oil pipeline rate case. Steve also represented a local distribution company and natural gas marketer in federal litigation involving the applicability of force majeure provisions in NAESB contracts to gas delivery failures during Winter Storm Uri.

Education & Admissions

University of North Dakota (J.D., 1986), Order of the Barristers

University of North Dakota (M.A., English, 1982), summa cum laude

University of North Dakota (B.A., English and Honors Program, 1979), magna cum laude

Admissions

  • District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Ninth Circuit

Experience

Representative Experience

  • Helped a developer of high voltage direct current (HVDC) merchant transmission projects obtain landmark FERC authorization to charge negotiated rates and allow anchor customers to presubscribe transmission capacity
  • Guided new transmission projects (oil, gas, LNG, and electric) through the development process, e.g., conducted open seasons, negotiated and drafted commercial agreements with anchor customers, prepared tariff filings, and coordinated interconnection 
  • Advised natural gas and electric companies on regulatory responsibilities, crafted compliance programs, and successfully resolved FERC enforcement investigations
  • Helped electric utilities obtain FERC approval to acquire renewable generation projects
  • Successfully represented electric marketer in administrative and appellate litigation involving the California energy crisis, followed by negotiation of a favorable settlement 
  • Helped renewable energy developers obtain market-based rate authorization, resolve interconnection and transmission access issues, negotiate power purchase agreements, and understand RTO rules
  • Worked with utilities to modify electric generator interconnection procedures and agreements to move from a sequential “first-come, first-served” approach to a “first-ready, first-served,” cluster study approach   
  • Advised natural gas and electric marketers on cross border transactions involving Canada and Mexico, preparing and obtaining needed import/export authorizations
  • Represented an electric utility in RTO transmission rate design and cost-of-service issues during FERC administrative litigation, followed by multiple successful appeals, all leading to a beneficial informal resolution  
  • Helped a city obtain an FPA license authorizing a new hydro-electric project and successfully defended the city in appellate litigation brought by a neighboring state and multiple environmental groups
  • Advised electric utilities on generator and transmission interconnection matters
  • Assisted interstate natural gas pipelines seeking NGA Section 7(c) certificate authorization to construct new facilities and increase mainline capacity to serve new customers, as well as drafting related interconnection, construction, and operation agreements  
  • Represented local distribution companies in natural gas pipeline cost-of-service rate proceedings, leading to significant rate relief and improved terms and conditions of service
  • Helped local distribution company reduce FERC regulatory oversight through a combination of federal legislation and FERC proceedings
  • Tailored electric and natural gas regulatory compliance programs and training materials for energy companies
  • Assisted a petrochemical developer in highly contested administrative and appellate litigation involving affiliate preference, interconnection access, and transportation rates on a natural gas pipeline 
  • Represented producer in oil pipeline rate proceedings

News & Resources

Articles

Supreme Court to Reconsider the Chevron Doctrine: Does the Bell Toll for Judicial Deference to Administrative Agencies?
FERC Increases Regulatory Oversight of Investors With Officers or Directors on Public Utilities’ Boards
Eighth Circuit Upholds Minnesota Incumbent Utilities’ Right of First Refusal to Build and Own Transmission Facilities that Connect to their Existing Facilities
FERC Asks a Federal Court to Enforce Civil Penalties against a Marketer and Trader
Enbridge Open Season Terminated by Canada Energy Regulator
PHMSA Issues Three New Rules to Promote Pipeline Safety
FERC Proposes Major Changes to PURPA Regulations
EPA Proposes to Update Clean Water Act Section 401 Regulations
FERC Issues Order No. 860: Changes Data Collection Requirements for Market Based Rate Sellers
WOTUS Operandi: The Clean Water Act’s Bifurcated Regulatory Regime and Why it Matters

News & Press Mentions

Dorsey Attorney Steve Weiler Comments on Termination of Keystone XL Pipeline
Dorsey Attorney Steve Weiler Comments on Biden's Energy Executive Orders
Dorsey Partner Steve Weiler Comments on Biden's Energy Executive Order
Dorsey Partner Steve Weiler Comments on FERC Tolling Orders
Dorsey Partner Steve Weiler Discusses NY Natural Gas Pipeline Approvals
Dorsey Partner Steve Weiler Comments on Clean Air Plan
Dorsey Partner Steve Weiler Discusses Upcoming FERC Policy Review

Legal Writings

"Washington Watch," a bi-monthly column in North American Oil and Gas Pipelines

Steven A. Weiler and Marcia A. Stanford, "New York’s Denial of Water Quality Certification for Three FERC-Authorized Pipelines: Flagrant Fiat or Valid Veto?," 39 Energy Law Journal 503 (2018)

"EPA's Clean Power Plan: Charting a Path Forward," Public Utilities Fortnightly, July 2015

“‘Pomp and Unchanged Circumstance’: FERC Attempts to Eliminate Federal Rights of First Refusal,” 26 The Electricity Journal 26, No. 3, 14, 2013

Industries & Practices

  • Development & Infrastructure
  • Electric Power
  • Energy & Natural Resources
  • Government Solutions & Investigations
  • Mining
  • Oil & Gas
  • Project Development & Finance
  • Sustainability
  • Technology

Professional & Civic

Professional Achievements

Regularly teaches classes on electric regulation and FERC enforcement & compliance, including:

  • “Electricity 101,” Geopolitics of Energy, Georgetown University, November, 2020
  • “Electricity 202,” AGA 11th Annual Energy Market Regulatory Conference, Bellvue, Washington, September 27, 2018
  • “Electricity 201,” AGA 10th Annual Energy Market Regulatory Conference, Washington, DC, October 2017
  • “How Did We Get Here and Where Are We Going?: A Retrospective Study of Regulatory Oversight for the Development of Natural Gas and Oil Pipelines,” Florida Energy Pipeline Association’s Summer Symposium, July 2017
  • "Electricity 101," AGA 9th Annual Energy Market Regulatory Conference, Washington, DC, December 2016
  • “Clean Power Plan," 57th Annual Institute of Public Utilities Regulatory Studies Program (aka Camp NARUC), East Lansing, Michigan, August 2015
  • "Utility Mergers and Acquisitions," NAEMA-WSPP Fall Conference, Broomfield, CO, September 2014

Accolades

  • Repeatedly recognized by Super-Lawyers® in the areas of energy and natural resources law, administrative law and utilities law.
Steven A. Weiler