Steven A. Weiler | People

Overview

WITH MORE THAN 30 YEARS OF EXPERIENCE, PRINCIPALLY INVOLVING THE ELECTRIC, OIL, AND NATURAL GAS INDUSTRIES, STEVE HELPS ENERGY AND PETROCHEMICAL COMPANIES IN ADMINISTRATIVE ACTIONS, APPELLATE LITIGATION, REGULATORY COMPLIANCE, ENFORCEMENT INVESTIGATIONS, AND COMPLEX TRANSACTIONAL NEGOTIATIONS.

In recent FERC cases, Steve has represented an electric utility in complex administrative litigation involving Regional Transmission Organization rates. Steve also represented a petrochemical company in a highly contested administrative and appellate litigation regarding competition, access, and transportation rates on an interstate natural gas pipeline.

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
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
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
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 de-regulate a natural gas company through a combination of federal legislation and FERC proceedings

News & Resources

Articles

Eighth Circuit Upholds Minnesota Incumbent Utilities’ Right of First Refusal to Build and Own Transmission Facilities that Connect to their Existing Facilities

March 26, 2020

FERC Asks a Federal Court to Enforce Civil Penalties against a Marketer and Trader

January 10, 2020

Enbridge Open Season Terminated by Canada Energy Regulator

October 7, 2019

PHMSA Issues Three New Rules to Promote Pipeline Safety

October 4, 2019

Washington Watch: EPA Tries to Turn Back Time

October 3, 2019

FERC Proposes Major Changes to PURPA Regulations

September 23, 2019

EPA Proposes to Update Clean Water Act Section 401 Regulations

August 12, 2019

FERC Issues Order No. 860: Changes Data Collection Requirements for Market Based Rate Sellers

July 23, 2019

WOTUS Operandi: The Clean Water Act’s Bifurcated Regulatory Regime and Why it Matters

January 17, 2019

News & Press Mentions

Super Lawyers Recognizes Dorsey Lawyers in Washington DC

April 19, 2019

Dorsey Partner Steve Weiler Discusses NY Natural Gas Pipeline Approvals

March 27, 2019

Dorsey Partner Steve Weiler Comments on Clean Air Plan

August 21, 2018

Dorsey Partner Steve Weiler Discusses Upcoming FERC Policy Review

August 16, 2018

Veteran Energy Attorney Steve Weiler Joins Dorsey in Washington, D.C.

April 25, 2018

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

Select Presentations

“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