Richard E. Powers chairs Venable’s Regulatory – Energy Group. Dick has extensive experience with a broad range of administrative, judicial, legislative, and transactional matters, primarily in the energy industry.
He has handled more than 100 rate cases, market-based rate proceedings, and rulemakings involving cost and compliance matters before federal agencies, primarily FERC, and before the DC Circuit.
He counsels airlines, oil and natural gas companies, propane companies, refiners, trade associations, and others with respect to rates, regulated practices, and business opportunities. Dick works closely with clients on matters that include :
- Advising foreign governments on drafting and implementing mineral and mining tax laws, and contracts for exploration and development of natural resources
- Drafting and negotiating agreements for the purchase, sale, and financing of energy, energy properties, transportation, storage facilities, distribution facilities, and refining and gas processing facilities
- Handling transactions related to small power generation, cogeneration, hydroelectric, solar, and biomass facilities
- Handling arbitrations before international fora in disputes between private parties, and between private parties and sovereign governments
Some of Dick’s past and present clients include major airlines and carriers, traditional and renewable energy companies, oil and chemical companies, independent exploration and production companies, and businesses owning or having a substantial interest in mineral properties.
He also represents trade associations, energy and power marketers, transportation companies, banking and financial institutions, manufacturers, marketers, and natural gas storage companies.
He has represented clients on operations in countries around the world, including Colombia, Ecuador, Ethiopia, Egypt, Iraq, Mexico, Yemen, the Democratic Republic of the Congo, and the Russian Federation.
He also works with international organizations in resolving issues, including the World Bank Group (WBG), the Export-Import Bank of the United States (EXIM), and the Overseas Private Investment Corporation (OPIC).
- Represented major airlines in a fully litigated rate case involving rates on a major interstate pipeline over transportation to the New York City airports; settled the case and the related market-based rate case, and obtained refunds, reparations, and reduced rates
- Represented airline and propane associations in the five-year FERC index review; persuaded FERC to set the index by reference to a new metric linked to actual pipeline cost changes, resulting in a lower index adjustment than initially proposed by FERC
- Represented refining and marketing interests in petroleum product pipeline market-based rate proceedings; obtained favorable FERC actions denying requests for market-based rate authority and blocked an application by a major interstate oil pipeline for authority to charge market-based rates on its midwestern system
- Represented refining and marketing interests in the first two fully litigated petroleum product pipeline cost of service rate proceedings at the FERC; this was the first case to challenge grandfathered rates under the Energy Policy Act of 1992
- Represented refining and marketing interests in a petroleum product pipeline complaint, cost of service and market-based rate proceedings before the California Public Utilities Commission (PUC)
- Represented major and independent oil and gas producers in the development of a crude oil-quality bank for offshore production, shipped on a large interstate pipeline; obtained a favorable settlement
- Represented independent oil and gas producers before DOI, related to Outer Continental Shelf (OCS) and Bureau of Land Management (BLM) royalty, pricing, transportation, and valuation matters
- Represented natural gas shippers in interstate natural gas pipeline rate proceedings, including obtaining favorable FERC decisions and favorable settlements for natural gas shippers
- Represented U.S. natural gas storage providers in certification, abandonment, and pipeline rate and interconnect proceedings
- Represented an unregulated subsidiary of a major U.S. utility in FERC proceedings concerning the recertification of electric power projects such as QFs or EWGs and establishing market-based rate tariffs
- Represented IPPs and renewable energy companies on various matters related to electricity transmission, interconnection, and interlocking directorate issues.
- J.D. magna cum laude Notre Dame Law School 1977
- B.S. summa cum laude Gonzaga University 1974
Bar Admissions : District of Columbia, Texas
Court Admissions :
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Supreme Court
Professional Memberships :
- Member, American Bar Association
- Member, Texas Bar Association
- Member, District of Columbia Bar Association
- Member, Energy Bar Association
- Member, International Bar Association
Rate : $$$