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Experience

Nicolas McTyre’s practice focuses on energy project development, drafting and negotiating commercial agreements and tariffs, and federal and state regulatory compliance and administrative law.  Nick spent half a decade developing and defending federal energy policy as an attorney for the Federal Energy Regulatory Commission (FERC).  He leverages this experience with transactional capabilities and business acumen in advising on complex regulatory and contractual issues facing energy project sponsors, energy market participants, investors, and financial institutions.

Representative Matters

  • Advise on regulatory and contractual issues associated with energy project development; advise lenders and investors on regulatory risks associated with financing and acquiring debt and equity interests in electric, oil and gas assets and associated companies; represent clients before FERC and the U.S. Department of Energy (U.S. DOE) in administrative litigation, settlement, and enforcement matters
  • Counsel on regulatory and contractual issues associated with development of undivided joint interest pipelines, joint venture projects, and joint tariff arrangements; draft FERC tariffs, shipper agreements, marketing agreements and capacity leases in the oil and natural gas liquids (NGL) space; draft oil and NGL pipeline prorationing policies and NGL component balancing policies; counsel on FERC regulatory and contractual issues with oil and NGL marketing agreements, including capacity assignment and commodity purchase and sale agreements; advise on open season process and draft associated FERC petitions; prepare and submit tariff revision filings with FERC; draft commercial midstream agreements, including pipeline interconnection agreements, terminalling and storage agreements, gas processing agreements, and master surface use agreements
  • Draft state-jurisdictional tariffs, shipper agreements, marketing agreements, and capacity leases impacting marketing and transportation of oil, NGLs, natural gas, and produced water within Texas, Oklahoma, Colorado, and North Dakota; advise on common carrier and gas utility tariff and permitting requirements under Railroad Commission of Texas regulations
  • Advise on FERC regulation of interstate natural gas pipelines; counsel on Natural Gas Act (NGA) and Natural Gas Policy Act (NGPA) Section 311 jurisdictional issues; advise on regulatory and contractual issues with long-term shipper agreements, natural gas pipeline tariffs, asset management agreements and capacity release regulations; prepare FERC capacity release waiver petitions in connection with mergers and acquisitions
  • Advise on compliance with competitive wholesale energy market rules in the Southwest (SPP), the Midwest (MISO), the Mid-Atlantic (PJM), New York (NYISO), and New England (ISO-NE); obtain approvals from FERC related to: mergers, acquisitions, and reorganizations of energy companies and assets; market-based rate authority; and Exempt Wholesale Generator (EWG) and Qualifying Facility (QF) status
  • Counsel on regulatory and contractual issues with oil, NGL, natural gas, and power trading and financial hedging master agreements under NAESB, ISDA, and bespoke forms
  • Advise on regulatory considerations with cross-border energy transactions and energy projects; draft and submit applications for oil, NGLs, and natural gas export authorization with the US DOE; counsel on FERC regulation of LNG facilities
  • Managed FERC investigations of interstate natural gas pipelines; advised senior FERC staff on policy impacting the Trans Alaska Pipeline System and other major oil, NGL, and natural gas pipeline systems; led interdisciplinary case teams in regulatory proceedings involving electric transmission assets and competitive wholesale energy markets (*experience predates employment with Thompson & Knight LLP)

Prior Employment

  • 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

Honors & Affiliations

Distinctions/Honors

  • Recommended Attorney, The Legal 500 US by Legalease (Industry focus – Energy regulatory – conventional power), 2018

Memberships/Affiliations

  • Vice Chairman, Energy Bar Association, Oil and Liquids Pipeline Committee, 2019-2020
  • Member, Energy Bar Association; Chairman, Young Lawyers Committee, 2018-2019
  • Mentor, Foundation of the Energy Law Journal, Mentor’s Circle, 2017-2018

Education & Admissions

Education

  • J.D., 2012, magna cum laude, University of Miami School of Law; University of Miami Business Law Review; Marion E. Sibley Scholarship; Dean’s Merit Scholarship; Outstanding Public Interest Scholarship; Dean’s Fellow; Dean’s List; CALI Book Award in Financial Accounting for Lawyers
  • J.D. (visiting student), 2012, Georgetown University Law Center; CALI Book Award in Government Contracts
  • B.A., 2007, University of Virginia; Dean’s List

Admissions

  • Texas
  • Virginia

Related Team

Robert D. Eickenroht

Partner
Commercial Midstream

Joshua Downer

Associate
Commercial Midstream

James Z. Zhu

Associate
FERC Regulatory