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Glenn S. Benson

Glenn Benson has over 23 years of experience representing and advising gas, electric, and oil companies in every geographic region of the United States on Federal Energy Regulatory Commission (FERC) and state public service commission regulation of energy markets, transactions, and project development. Glenn represents clients across the energy industry on tariff and contract disputes before FERC, regulatory compliance and enforcement, and the negotiation of commercial transactions, including power purchase agreements, interconnection agreements, pipeline precedent agreements, asset management agreements, and oil and gas purchase and sale agreements. Glenn has a track record of success in helping clients:
  • Obtain FERC and state certificates of public convenience and necessity and other federal and state authorizations that allow their natural gas pipeline, storage, and other energy infrastructure projects to move forward on schedule and within budget
  • Negotiate favorable terms in the settlement of rate cases and other tariff disputes or, when necessary, obtain a favorable result through litigation at FERC and the appellate courts
  • Resolve regulatory enforcement actions on favorable terms

Glenn’s regulatory compliance and enforcement experience covers all areas of FERC’s regulation of electric power, natural gas, and oil pipelines. It also extends to pipeline safety regulation by the U.S. Department of Transportation’s Pipeline Hazardous Materials Safety Administration (PHMSA),  regulation of offshore oil and gas operations by the Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE), and regulation of electric reliability by the North American Electric Reliability Corporation and its regional entities. 

Representative Experience

Energy Project Development and Business Structuring

Permitting of high voltage electric transmission project for developer

Representing merchant electric transmission developer in federal and state permitting processes, including both National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA), for 900-mile, high voltage electric transmission project crossing three states. (Ongoing)

Oil pipeline project interconnection dispute for project developer

Representing an oil pipeline project developer in the Bakken in litigation at FERC, the State Department, and the U.S. Forest Service regarding interconnection dispute with another oil pipeline. (Ongoing)

Large generator interconnection agreement disputes for developer*

Representation of developer of the two of the three largest landfill gas projects in the U.S. in litigation at FERC regarding interconnection agreement terms. (2012)

Strategic advice regarding structuring of LNG business for project developer

Representing LNG project developer in strategic analysis of various possible LNG business structures and the jurisdictional implications of each. (Ongoing)

FERC certificates for interstate natural gas pipelines*

Representation of Millennium Pipeline Company in obtaining FERC certificate of public convenience and necessity for interstate pipeline project across southern New York. (2008)

FERC certificates for natural gas storage projects*

Representation of Petal Gas Storage in obtaining FERC certificates of public convenience and necessity for natural gas pipeline and salt dome storage projects in Mississippi. (2006)

Asset management services for gas distribution company*

Representation of gas distribution company with storage assets in strategic analysis of various options for structuring asset management services. (2005)

Gathering systems for project developers

Representing oil and gas gathering system project developers in preparation of project feasibility studies, permitting, and obtaining jurisdictional determinations. (Ongoing)

Compliance and Enforcement

FERC, NERC, and antitrust compliance for energy industry

Representing independent power producers, power marketers, natural gas pipelines, and natural gas producers in development and implementation of FERC, North American Electric Reliability Corporation (NERC), and antitrust compliance programs. (Ongoing)

Enforcement defense for power marketer*

Representation of power marketer in successful defense of FERC investigation of alleged market manipulation. (2009)

Enforcement defense for natural gas marketer*

Representation of natural gas marketer in successful defense of FERC investigation alleged market manipulation. (2003)

Standards of conduct enforcement defense for natural gas pipeline*

Representation of interstate natural gas pipeline in successful defense of alleged standards of conduct violations. (2003)

FERC Tariff Litigation

Representation of BP Exploration (Alaska), Inc. before FERC, Court of Appeals, and RCA

Representing BP Exploration (Alaska), Inc. before FERC, the United States Court  of Appeals for the District of Columbia Circuit, and the Regulatory Commission of Alaska (RCA) in matters regarding the Trans Alaska Pipeline System’s Quality Bank methodology for compensating/charging shippers for any diminution/appreciation in value they incur/receive as a result of the commingling of various crude oil streams on the pipeline. (Ongoing)

Midwest Independent System Operator revenue sufficiency guarantee charges for power marketers*

Representation of power marketers in overturning FERC order that had compelled them to pay tens of millions of dollars in refunds. (2011)

PJM interconnection transmission line loss charges for power marketers*

Representation of power marketers in challenge to PJM’s allocation of transmission line losses and surplus line loss revenues. (2011)

Natural gas pipeline rate cases for pipelines and shippers*

Representation of natural gas pipelines and shippers in general rate cases before FERC. (2007)

Oil pipeline rate cases for oil industry*

Representation of oil pipelines, refiners and marketers in general rate cases before FERC. (2008)

Electric utility rate cases for intervenors*

Representation of intervenors in public utility rate cases before FERC. (2006)

Energy Transactions

Gathering and processing agreements for oil/gas producer

Representing offshore oil and gas producer in negotiation of natural gas gathering agreement and processing agreement. (Ongoing)

Acquisition of natural gas pipeline facilities for oil/gas producer

Representing offshore oil and gas producer in negotiation of acquisition of pipeline assets and associated facilities. (Ongoing)

Gas marketing agreements for natural gas producer*

Representation of natural gas producer in the Marcellus Shale in negotiation of gas marketing agreement. (2010)

Generator interconnection agreements for project developers*

Representation of renewable energy project developers in negotiation of interconnection terms with investor owned utilities and independent system operators. (2012)

Gas pipeline precedent agreements for project developer*

Representation of interstate natural gas pipeline project developer in negotiation of precedent agreements and negotiated rate agreements with its anchor shipper. (2008)

Gas storage precedent agreements for natural gas developers*

Representation of natural gas storage developers in negotiation of precedent agreements with anchor shippers. (2006)

Power purchase agreements for intervenor*

Representation of intervenor in state regulatory commission proceedings regarding approval of power purchase agreements with renewable energy project developer. (2012)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Senior Counsel, Perkins Coie LLP, Washington, D.C, 2008-2013
  • Senior Counsel, 2005-2008; Senior Associate, 1998-2004 – Fulbright & Jaworski LLP, Washington, D.C.
  • Associate, Travis & Gooch, Washington, D.C., 1994-1998

Professional & Community Activities

  • Board of Directors, Foundation for the Energy Law Journal, 2005–2016
  • Energy Law Journal, Business Manager, 2005-2016
  • Energy Bar Association
    • Committee on Natural Gas Regulation, Vice-Chair, 2007-2008; Chairman, 2008-2009
    • Committee on Oil Pipeline Regulation, Vice Chairman, 2003-2004; Chairman, 2004-2005
    • Natural Gas Pipeline Committee, 2000-2005
    • Electric Utility Regulation Committee, 2003-2005
    • Generation and Power Marketing Committee, 2002-2003
    • Finance and Transactions Committee, 2003-2004
    • International Energy Transactions Committee, 2003-2004
    • Antitrust Committee, 2003-2005
    • Alternative Dispute Resolution Committee, 2000-2001

Professional Recognition

  • Selected to "Washington, D.C. Super Lawyers," Thomson Reuters, 2015-2017
  • Named one of the "Best Lawyers in America" in Energy Law by Best Lawyers, 2016-present