Fred Jauss
PEOPLE

Fred Jauss

Partner
jauss.fred@dorsey.com

Overview

FRED HELPS CLIENTS IN THE ENERGY INDUSTRY UNLOCK SOLUTIONS TO LOGISTICS AND SUPPLY ISSUES BY HELPING THEM OBTAIN FAIR ACCESS TO MARKETS AT FAIR RATES.

Fred counsels clients on administrative, judicial, and commercial issues facing the energy industry.  His practice focuses on crude oil, refined petroleum products, natural gas, and electricity regulatory matters before the Federal Energy Regulatory Commission (“FERC”), state public utility commissions, and state and federal courts.  As a former attorney with FERC, Fred helps clients understand the complex regulatory structures facing the energy industry.    

Fred has litigated numerous precedent-setting cases before FERC, and has played a significant role in most of the major oil pipeline tariff litigations in the last 15 years.  Fred has represented oil producers and refiners, energy marketers, and end users in cost-of-service rate cases, market-based rate proceedings, jurisdictional determinations, and other litigated matters before FERC, state public utility commissions, and the courts.  He has also counseled clients on energy infrastructure development and related transactional matters, including construction and acquisition of oil and gas pipelines and storage facilities, transportation contracts, pipeline capacity open seasons, and facilities operation and lease agreements.  Fred is frequently quoted by numerous legal publications and media outlets on a wide variety of subjects involving the energy industry.  

Education & Admissions

American University Washington College of Law (J.D., 2002), Symposia Editor, Administrative Law Review, 2001-2002; Recipient, Regulation of Energy Scholarship, 2002

University of Pennsylvania (M.A., History, 1999)

University of Pennsylvania (B.A., History, 1999), With Honors

Admissions

  • District of Columbia
  • Pennsylvania
  • U.S. Court of Appeals for the District of Columbia
  • U.S. District Court for the District of Columbia
  • U.S. Bankruptcy Court for the District of Columbia

Clerkships

  • Court of Common Pleas of Monroe County, Forty-Third Judicial District Of the Commonwealth of Pennsylvania, Honorable Jerome P Cheslock, 2002-2003

Experience

Crude Oil and Refined Petroleum Products
Fred is one of the leading crude oil and refined product shipper attorneys in the country, having litigated numerous landmark decisions for crude oil producers, refiners, and marketers of jet fuel, gasoline, and diesel.

Cost-of-Service and Indexed Rate Cases

  • Litigation and settlement of oil pipeline rates before FERC and various state commissions involving the full range of cost-of-service analysis--including cost of capital, depreciation, operating and maintenance expenses, income tax allowance, allocation of parent company overhead, rate design, and regulatory throughput volume.
  • Successfully opposed substantial rate increases filed with FERC ranging from 30 to 105 percent on a refined products and natural gas liquids pipeline; negotiated a settlement providing for rate reductions, temporary rate freeze and settlement payment for shippers.
  • Represented a shipper of crude oil in a rate proceeding before the FERC and the Regulatory Commission of Alaska (RCA) involving initial rates on a new crude oil pipeline on the North Slope; successfully negotiated a favorable settlement providing for rate reduction of 37 percent and a requirement to file a full cost-of-service rate case within three years.
  • Successfully opposed rate increase of 76 percent proposed by interstate product pipeline; client received substantial refunds as part of a settlement reducing the rate increase to 23 percent.
  • Represented shippers of crude oil in a rate proceeding before FERC involving initial rates for a newly-reversed crude oil pipeline; final Commission order resulted in rate reductions of approximately 60 percent.
  • Successfully blocked proposed open-ended surcharge filed with FERC to recover hurricane recovery costs at crude oil terminal in Louisiana; under settlement, recoverable expenses are capped and duplicative temporary pumping surcharge has been dropped.
  • Successfully challenged previously non-jurisdictional rate for connecting line service in Los Angeles; final FERC order found that rate should be reduced from 5.0 cents per barrel to 0.85 cents per barrel.
  • Successfully filed complaints against interstate petroleum product pipelines and obtained favorable rate settlements concerning the same.
  • Represented refining interests in petroleum product pipeline complaint, cost of service and market-based rate proceedings before the California Public Utility Commission (CPUC). 
  • Represented a major refiner and marketer of gasoline, diesel and jet fuel in the first fully-litigated protest to a proposed index rate increase by a major refined products pipeline; FERC Presiding Judge granted the shippers’ motion for summary disposition prior to hearing.
  • Represented shippers in one of the few successful complaints against proposed index rate increases at FERC.

Market-Based Rate Cases

  • Represented a refiner and marketer of gasoline, diesel and jet fuel in the first successful challenge to a prior grant of market-based rate authority for a petroleum product pipeline; successfully negotiated a settlement of the subsequent cost-of service rate proceeding, resulting in settlement payments for shippers and rate reductions ranging from 33 to 45 percent.
  • Successfully opposed application to FERC for market-based rates by product pipeline system serving the Southeast markets on behalf of a refiner and marketer of gasoline, diesel and jet fuel; final Commission order found that the pipeline had failed to demonstrate that it lacked market power in the contested markets.
  • Successfully opposed application for market-based rates before FERC on products pipeline serving East Coast markets on behalf of a refiner and marketer of gasoline, diesel and jet fuel.
  • Represented shippers of crude oil in opposing applications before FERC for market-based rates on crude oil pipelines, successfully delaying implementation of market-based rates and saving clients millions of dollars in increased transportation costs.

Grandfathered Rate Cases

  • Represented refining interests in oil pipeline complaint and ratemaking proceedings involving issues related to, among others, substantially changed economic circumstances and grandfathered rates under the Energy Policy Act of 1992.
  • Successfully re-opened “grandfathered” rates and obtained a substantial rate reduction on products line connecting Los Angeles with Arizona and Nevada.  
  • Successfully reopened previously “grandfathered” charge for “drain dry” service at receiving terminal in Los Angeles; service charge reduced from 3.2 cents per barrel to 0.3 cents per barrel.

Prorationing Policies

  • Successfully represented shippers of crude oil in a complaint and protest against a major crude oil pipeline’s prorationing policies; spearheaded group of shippers to craft an alternative prorationing policy and technical conference and obtained unprecedented order from the FERC ordering the adoption of the shipper proposal.
  • Advised shippers on numerous crude oil, natural gas liquids, and refined products pipeline prorationing policies.

Tariff Assistance

  • Structured and drafted crude oil and petroleum product pipeline tariffs.
  • Advised interstate oil pipelines in connection with acquisition of assets and assisted in preparation of FERC tariffs and reports.

Transactional Matters

  • Advised governmental agency on leasing and operation of petroleum products terminal; advised terminal owner on compliance with Federal antitrust decree.
  • Assisted with lease of tanker trucks for distribution of refined products to service stations.
  • Provided regulatory counsel to purchasers of interests in crude oil and refined products pipelines.
  • Advised purchaser of petroleum products terminal on terminal operations and services agreement.
  • Advised owner of petroleum products terminal on issues related to jet fuel storage.

Natural Gas
Fred advises natural gas pipeline companies and natural gas shippers on contract and tariff issues, pipeline construction, and regulatory compliance.

  • Represented a major producer and shipper of natural gas in rate proceedings before the Regulatory Commission of Alaska (RCA); contested issues included rate design, rate base, depreciation, and allocation of corporate overhead; successfully negotiated favorable settlements.
  • Represented an interstate natural gas pipeline before FERC in proceeding to obtain authority to abandon an existing natural gas pipeline and obtain a certificate of convenience and public necessity to construct a new interstate natural gas pipeline in one of the few instances of proprietary natural gas pipeline service.
  • Advised customers of Interstate natural gas pipeline on cost-of-service rate proceedings pursuant to Section 4 of the Natural Gas Act.
  • Provided regulatory counsel to municipal entities in Hinshaw gas pipeline transaction.
  • Advised shippers of natural gas in capacity release transactions.
  • Negotiated and drafted asset management agreements for shippers of natural gas.

Electricity
Fred advises electric generators, marketers, and consumers on issues related to cogeneration, small power production, and regulatory compliance.

  • Advised generators and power marketers on "Open Access" policies and regulations.
  • Represented generators and power marketers in generator interconnection issues.
  • Represented generators and power marketers in applications for market-based rate authority under Section 205 of the Federal Power Act (FPA).
  • Represented power marketers and generators in applications for transfer of jurisdictional assets pursuant to Section 203 of the Federal Power Act (FPA).
  • Represented generator in successful application for reactive power tariff.
  • Assisted multiple cogenerators with certification of qualifying cogeneration and small power production facilities under the Public Utility Regulatory Policies Act (PURPA).
  • Represented electric cooperative in one of the few successful de-certifications of proposed cogeneration facilities under PURPA and Energy Policy Act of 2005.
  • Advised electric cooperative on issues related to power purchase agreements before RCA.
  • Advised electric cooperative on Public Utilities Holding Company Act (PUHCA) compliance with regard to sale and leaseback financing of new generation facility.
  • Advised generator and power marketer on NERC compliance and enforcement.
  • Successfully challenged federal license application for a new hydroelectric facility on behalf of a municipal entity.  

News & Resources

Articles

FERC Puts Cloud Over Certain Oil Pipeline Marketing Affiliate Transactions
The Long Road Ahead for Keystone XL
Despite Trump approval, Keystone XL pipeline still has hurdles to cross
Despite Trump Approval, Keystone Pipeline Still has Hurdles to Cross
FERC Issues Updated Guidance Manual for Environmental Report Preparation Under the Natural Gas Act
The Trump Administration’s (De)Regulatory Program: What It Means for Business
FERC Launches New Investigations of Natural Gas Pipeline Rates
FERC Launches Investigations of Natural Gas Pipeline Rates
"A Reflection," 53 Admin. L. Rev. 1065
Comment, "A Bridge Too Far: The EPA’s Diesel Sulfur Rule and the Increasing Cost of Fuels Regulation Under the Clean Air Act," 53 Admin. L. Rev. 1021

News & Press Mentions

Dorsey Partner Fred Jauss Comments on Trump's Energy Projects Order
Dorsey Partner Fred Jauss Comments on New Keystone XL Permit
Dorsey Partner Fred Jauss Remarks on Rover and Mariner Pipeline Violations
Dorsey Partner Fred Jauss Discusses TransCanada Commitment to Keystone XL
Dorsey Partner Fred Jauss Comments on Halt of Keystone XL Pipeline
Dorsey Partner Fred Jauss Comments Sierra Club v. FERC
"Keystone XL Pipeline No Sure Bet Just Yet," Petroleum Intelligence Weekly
Dorsey Partner Fred Jauss Comments on FERC Review for GHG
Dorsey Partner Fred Jauss Discusses the Sabal Trail Pipeline
Dorsey Partner Fred Jauss Discusses FERC and Pipeline Projects
Super Lawyers Recognizes Six Dorsey Lawyers in Washington DC
Dorsey Partner Fred Jauss Comments on Trump Approving Keystone XL Pipeline
Super Lawyers Recognizes Six Dorsey Lawyers in Washington DC
Super Lawyers Recognizes Four Dorsey Lawyers in Washington DC

Select Presentations

  • American University Business Law Review Fall 2017 Symposium – “Impact of Keystone XL on Energy Markets” – Washington, D.C. (November 8, 2017).
  • North American Pipeline Forum - “U.S. Regulatory Update” - Calgary, Alberta (April 2011).

Professional & Civic

Professional Achievements

  • Member, Energy Bar Association
  • Member, Electric Cooperative Bar Association

Community Involvement

  • Treasurer and Board Member, Greater DC Diaper Bank

Accolades

  • Listed as a "Rising Star" by Washington, D.C. Super Lawyers, 2015-2017
  • Named a "Rising Star" in Legal Media Group's Expert Guides, 2015
Fred Jauss