Barbara Heffernan

Barbara K. Heffernan concentrates her practice in energy regulation, litigation, and transactions. She is a Past President of the Energy Bar Association (EBA), a national professional association of approximately 2,500 attorneys and other energy professionals. She also is a past delegate for the EBA to the American Bar Association’s House of Delegates.

Barbara has represented numerous clients before the Federal Energy Regulatory Commission (FERC) and the federal courts for more than 30 years on a variety of matters concerning the regulation of natural gas and electricity.

These include representing gas pipelines, local distribution companies, and electric utilities in various FERC compliance and enforcement matters; preparing compliance programs and training materials; preparing reports to FERC’s Office of Enforcement (OE), responding to data requests from OE, participating in meetings and negotiations with staff on behalf of clients undergoing investigation by OE.

Barbara represents interstate pipelines in numerous proceedings before the FERC concerning gas quality, interconnection issues, discounted and negotiated rates, gathering services, force majeure and service interruption issues.

EXPERIENCE:

• Barbara represents two major interstate pipelines in rate, certificate, and enforcement matters before the FERC and the federal courts. These matters have included filings to construct new facilities and offer new services, filings to recover costs associated with the provision of interstate pipeline transmission service, and various revisions to the pipeline’s tariff and pro forma service agreements.
• Barbara recently represented one of these clients with respect to a non-public investigation by OE. That matter was successfully settled. She also recently won an appeal before the D.C. Circuit for these clients related to the FERC’s jurisdiction over gathering services.
• Barbara was recently involved in a successful appellate proceeding for a gas distribution company that concerns the impact of receipts of liquefied natural gas on the facilities of the distribution company. FERC’s orders were vacated by the court and, on remand, FERC issued an order addressing our client’s safety concerns.
• She also represents a major energy company, and its natural gas pipeline and electric utility subsidiaries on numerous regulatory and transactional matters before the FERC and the federal courts. Barbara also is currently representing an electric utility in a hydro-electric licensing proceeding. The case concerns an existing unlicensed facility and raises complex issues related to the project boundary and dam safety.

EDUCATION:

• The Catholic University of America Columbus School of Law, J.D., 1978
• University of Maryland, B.A., 1975

BAR ADMISSIONS:

• District of Columbia
• U.S. Supreme Court
• U.S. Court of Appeals for the Fifth Circuit
• U.S. Court of Appeals for the Sixth Circuit
• U.S. Court of Appeals for the District of Columbia Circuit

PROFESSIONAL MEMBERSHIPS:

• American Bar Association, Section of Public Utility, Communications and Transportation Law; Section of Environment, Energy and Resources
• Energy Bar Association, Past President and Board Member; Past Board Member (Charitable Foundation); Past President and Board Member (Energy Law Journal Foundation); Past Delegate to ABA
• Women’s Council on Energy and the Environment