Nicolas Adrian McTyre

Nicolas Adrian McTyre

  • 512.469.6146
    512.482.5033
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Counsel

  • Thompson & Knight LLP
    98 San Jacinto Boulevard
    Suite 1900
    Austin, TX 78701 USA
    512.469.6146
    512.482.5033
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Nicolas McTyre’s practice focuses on energy regulatory and transactional matters, with an emphasis on the oil and gas midstream sector. Nick regularly prepares documentation relating to midstream projects, including gathering agreements, transportation services agreements, commodity purchase and sales agreements, capacity leases, gas processing agreements, tariffs, and associated regulatory filings at the federal and state levels. He advises on pipeline operational issues and on modifications to existing tariffs and commercial agreements.  Based on Nick’s background as an attorney for the Federal Energy Regulatory Commission (FERC), he has extensive experience in advising on pipeline regulatory issues, tariffs, and related agreements.

Experience

  • Advise on regulatory and contractual issues associated with liquids and gas pipeline development; counsel on regulatory and contractual issues associated with development of undivided joint interest (“UJI”) pipeline projects
  • Draft FERC tariffs, shipper agreements, marketing agreements, and capacity leases in the liquids pipeline space; draft liquids pipeline prorationing policies and NGL component balancing policies; counsel on FERC regulatory implications associated with liquids pipeline marketing agreements, including capacity assignments and purchase and sale agreements; advise on open season process and assist with FERC Petition for Declaratory Order filings
  • Draft commercial midstream agreements, including pipeline interconnection agreements, terminalling and storage agreements, gas processing agreements, and master surface use agreements
  • Advise on FERC regulatory issues in connection with interstate natural gas pipelines; counsel on NGA/NGPA jurisdictional issues associated with natural gas pipeline development; advise on regulatory and contractual issues in connection with long-term shipper agreements, FERC tariffs, capacity release regulations, and asset management agreements; counsel on compliance with FERC reporting requirements for liquids and gas pipelines 
  • Review NAESB and ISDA-related documentation for compliance with FERC regulations; advise on cross-border midstream transactions; draft applications for export authorization in connection with oil and gas export transactions; counsel on FERC regulations applicable to siting LNG terminal facilities
  • Draft state-jurisdictional tariffs, shipper agreements, marketing agreements, and capacity leases in the liquids and gas pipeline space; advise on common carrier tariff and pre-construction permitting requirements for projects subject to Railroad Commission of Texas jurisdiction; advise on gas utility issues subject to Railroad Commission of Texas jurisdiction
  • Prepare and submit FERC filings, participate in administrative litigation before FERC, and interface with FERC staff; advise on FERC enforcement matters, including the self-reporting process
  • Advise on FERC-jurisdictional electric transmission and wholesale sales issues; prepare filings in connection with FERC-jurisdictional electric matters
  • Led FERC-initiated investigations concerning interstate natural gas pipelines; advised FERC staff in ongoing regulatory litigation regarding the UJI Trans Alaska Pipeline System; led FERC staff in negotiating settlements in contested oil and gas pipeline regulatory proceedings* 
  • Led FERC staff in regulatory proceedings involving FERC-jurisdictional electric matters*

* Experience predates employment with Thompson & Knight LLP

Prior Experience

  • Trial Attorney, Office of Administrative Litigation, Federal Energy Regulatory Commission, 2012-2017
  • Law Clerk, Office of Hearings and Appeals, U.S. Department of Housing and Urban Development, 2012
  • Legal Intern for the Honorable Ursula Ungaro, U.S. District Court of the Southern District of Florida, 2011

Distinctions/Honors

  • “Recommended Attorney,” The Legal 500 US by Legalease (Industry focus - Energy regulatory - conventional power); 2018

Activities (Memberships/Affiliations)

  • Member, Energy Bar Association; Vice Chairman, Young Lawyers Committee, 2017-2018
  • Mentor, Foundation of the Energy Law Journal, Mentor’s Circle, 2017-2018