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Brown, Williams, Moorhead & Quinn, Inc.

Brown Williams is available to consult with clients on regulatory rate matters prior to rate or tariff filings, complaint, protest, and compliance filings, reports, annual filings, or any other interaction with FERC. Our compliance manual, regulatory calendar, and e-filing capability gives our clients a leg up on regulatory compliance matters.

Advisory

BWMQ provides clients with advice on how to properly interpret and account for FERC precedents and current policies in the electric, natural gas and oil pipeline industries. BWMQ prepares complete regulatory filings for clients on a wide variety of regulatory matters. We also assist clients in developing responsive pleadings to FERC on a broad array of issues. Our experts can offer valuable insights into the regulatory issues that arise in the evolving world of FERC regulation. See our comprehensive litigation support page to find out how we may help your firm through a regulatory hearing at FERC.

BWMQ professionals have a thorough understanding of the FERC rules and regulations. We provide advice and assistance in interpreting new and revised regulations. We also can assist you in commenting on FERC NOPRs and in requesting clarifications of new Commission orders and policy statements.

BWMQ assists clients in understanding NAESB standards and procedures, including compliance with FERC requirements with regard to NAESB. We provide assistance and advice on electronic filing of documents at FERC, including tariffs and rate case materials.

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BWMQ's Regulatory Calendar (Version 1.0)

The Commission has emphasized that regulated natural gas pipelines must develop rigorous compliance programs.  On October 16, 2008, the Commission issued a Policy Statement on Compliance which signals or warns that the Commission expects regulated entities to have strong compliance programs in place.  In order to assist clients in developing such a compliance program, BWMQ offers clients a cost-effective tool which would enable them to sequentially track their individual regulatory filing dates through a data base.

BWMQ's Regulatory Calendar (Version 1.0) provides the following features:

  • Details the annual/quarterly reports, forms or compliance filings which need to be filed for each month and provide advance notice of the tasks needed to be accomplished for each filing or task;
  • Provides links to regulations applicable to each annual/quarterly reports, forms or annual compliance filings;
  • Provides links to the applicable report or form instructions;
  • Provides links to the full tariff of the pipeline;
  • Provides links to previous submitted reports, forms or compliance filings; and
  • Allows for additional functions or features to be added tailored to the needs of the client.

Examples of additional features include:  (1) notification of person/position responsible for filings, identification of tasks that need to be accomplished, action dates for tasks, and e-mail notification of each individual responsible for the tasks; (2) ability to include other periodic reports, such as negotiated rate filings or event-dependent reports; and (3) ability to incorporate dates and timing requirements for the filing of Section 4 rate case proceedings.

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Compliance

BWMQ's consultants are intimately familiar with FERC Regulations and FERC Compliance matters.  BWMQ consultants have worked extensively on FERC Tariff issues and FERC Compliance issues before FERC.  BWMQ has a comprehensive FERC Compliance Manual and FERC Compliance Review Processes and Procedures for Interstate Pipelines.

BWMQ provides its clients with the following types of compliance support services:

  1. Review of Senior Management Role in FERC Compliance Matters.
  2. Part 284 FERC Compliance Review Process including (i) Compliance with NAESB Standards for pipeline business operations and communications, (ii) review currently effective Tariff for compliance with latest FERC policy, (iii) review compliance with capacity release regulations, (iv) review compliance with FERC quarterly and annual reporting requirements, (v) review website compliance, (vi) review filed reports under the Commission's blanket reporting requirements, and (vii) review compliance with Commission reporting requirements for firm, interruptible and negotiated rate transactions and contracts.
  3. Part 157 Compliance Review Process including: (i) compliance with Section 157.2 requirements, (ii) review compliance with open season and available capacity requirements, (iii) review compliance with blanket certificate procedures and (iv) review compliance with reporting requirements under 157.2.
  4. Standards of Conduct and Compliance Review including: (i) review standards of conduct and application, (ii) review compliance with Part 358 and Section 284.286, (iii) review written procedures on Standards of Conduct, (iv) review independent functioning requirements under Section 358.4, and (v) review compliance with nondiscrimination requirement in Section 358.5.
  5. Internal Compliance Training including: (i) review FERC audit procedures, (ii) refivfew readiness for audit, (iii) review pipeline training procedures for FERC regulatory matters, (iv) review how pipeline personnel stay current on FERC rulemakings and key orders impacting pipeline, and (v) review role of Chief Compliance Officer; and
  6. Record Retention Policy review and Miscellaneous Compliance Matters including: (i) discuss specific accounting, regulatory and reporting issues or questions, and (ii) discuss rate case-related and previous settlement issues that are still impacting pipeline services.
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Electric Quarterly Reporting (EQR Filings)

FERC has implemented a new filing process for filing Electric Quarterly Reporting (EQR) Filings beginning with the reporting of the 3rd Quarter for 2013 (October 2013). The change was implemented due to technology changes that rendered the filing process in use obsolete. Instead the Commission has adopted a web-based approach to filing EQRs that will allow a filer to submit EQRs directly through the Commission’s website as per Order No. 770, Revisions to Electronic Quarterly Report Filing Process, FERC Stats. & Regs. ¶ 31,338 (2012).

BWMQ has the ability to assist clients with their EQR filings in a cost effective manner, using the new EQR filing requirements, as set forth by FERC. If you would like more information regarding EQR filings, please contact Chris John or Teresa Douglas at 202-775-8994.

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eTariffs

Electronic Tariff Filings
Pursuant to Order No. 714

On September 19, 2008, the Federal Energy Regulatory Commission (FERC and/or Commission) issued a Final Rule in Order No. 714, entitled Electronic Tariff Filings.  Upon implementation of this rule, the Commission will no longer accept tariff filings in paper format.  By April 1, 2010, the Commission requires existing regulated electric utilities, interstate natural gas companies, and regulated oil pipeline companies to electronically file their baseline (i.e., existing) tariffs in the extensible markup language (XML) schema described in Order No. 714.  After April 1, 2010, all proposed tariff provisions and related items (including intrastate natural gas pipelines’ NGPA rates and operations conditions) must be filed electronically using the new standards discussed in Order No. 714.

BWMQ assists its clients to meet the requirements of Order No. 714.  The BWMQ FERC eTariff Program is an in-house program that supports natural gas, electric, and oil pipeline eTariff filings.  BWMQ provides a cost-effective, pay-as-you-go methodology for assisting clients with their eTariff filings.  More specifically, BWMQ offers the following services to companies impacted by Order No. 714:

  • Assist clients with their Company Registration with the FERC, if needed.
  • Format tariffs using the new sectional format.
  • Research previously filed tariffs for proper codes used previously, if necessary.
  • Assemble tariff filings, changes and/or proposals into XML filing packages.
  • Test the XML filing packages in the Commission’s eTariff Sandbox for possible errors and troubleshoot any errors that may arise.
  • Act as the eFiler on behalf of clients; and
  • Consult and advise clients when formatting and planning future tariff filings under the changes implemented by Order No. 714.

BWMQ helps natural gas clients draft and file tariffs and Section 311 filings.  BWMQ develops full FERC Gas Tariffs for interstate pipeline and storage companies.  In addition, BWMQ assists clients in revising or updating specific provisions of their FERC Gas Tariffs, i.e, Rate Schedules, Terms and Conditions, NAESB, etc.

With regard to oil pipelines, our services include assistance in adjusting tariffs for indexing, cost of service initial rate filings, settlement rates, and calculating the effects on tariff surcharges by system additions.

For our electric clients, BWMQ provides assistance in filing Market Based Rate Authorizations, Change in Status requests, etc.  BWMQ also provides assistance in developing their terms and conditions of service and developing open access transmission tariffs providing “comparable” point-to-point and network services as well as ancillary service tariffs; resolving issues pertinent to pre-existing arrangements and stranded costs; and consulting on the structures of and procedures to be employed by RTOs, ISOs and other independent coordinators of electric transmission services.  

For more information on how BWMQ can help with your eTariff needs, contact Chris John or Teresa Douglas at 202-775-8994.

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FERC Electric Section 205 and 206 Proceedings

BWMQ's consultants have participated in hundreds of Section 205 and Section 206 rate case proceedings at the Commission. We offer the specialized knowledge, testimony and exhibits on the detailed cost of service and rate design issues that make a difference in successful outcomes for our clients. We have provided detail testimony and exhibits on cost of service rate case issues that include: operation and maintenance costs, return on equity, cost of debt, proxy group companies, federal, state, local and other tax issues, accumulated deferred tax issues, cost classification, cost allocation and rate design issues. Our FERC clients regularly utilize the knowledge base of BWMQ to address transmission rates, cost based power rates, reliability must run rates, ancillary rates and reasonable terms and conditions of service. BWMQ has a strong track record in achieving successful outcomes for our clients. Our witnesses have years of testimony experience in administrative law proceedings, the kind of experience that provides in-depth analysis and clear and concise explanations of even the most difficult regulatory issue. Our experts can offer valuable insights into the regulatory issues that arise in the evolving world of FERC regulation. See our comprehensive litigation support page to find out how we may help your firm through a regulatory hearing at FERC.

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FERC Natural Gas Pipeline Section 4 and 5 Proceedings

BWMQ's consultants have participated in hundreds of Section 4 and Section 5 rate case proceedings at the Commission.  Brown Williams offers specialized knowledge, testimony and exhibits on the detailed cost of service and rate design issues that make a difference in successful outcomes for its clients. Brown Williams has provided detailed testimony and exhibits on rate case/cost of service issues that include operation and maintenance costs, return on equity, cost of debt, proxy group companies, federal, state, local and other tax issues, depreciation and negative salvage, accumulated deferred tax issues, cost classification, cost allocation and rate design issues. Brown Williams' FERC regulated interstate natural gas pipeline clients regularly utilize the knowledge base of BWMQ to address the usual cost of service issues and often unique and novel issues in FERC rate case proceedings. BWMQ has a strong track record in achieving successful outcomes for clients in FERC Section 4 and 5 rate case proceedings. BWMQ witnesses have years of testimony experience in administrative law proceedings, the kind of experience that provides in-depth analysis, and clear and concise explanations of even the most difficult regulatory issue. Brown Williams' experts can offer valuable insights into the regulatory issues that arise in the evolving world of FERC regulation. See the comprehensive litigation support page to find out how Brown Williams can help guide your firm through a regulatory hearing at FERC.

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Litigation

BWMQ offers a wide variety of expert witnesses that provide litigation support on most regulatory issues, be it cost-based or market-based. Last year, BWMQ added two PhD economists, both former staff members of the Office of Administrative Litigation at FERC, to strengthen its market power analysis group. Our diverse capabilities can provide clients with virtual one-stop shopping for assistance in formal and informal proceedings (e.g., settlement negotiations) on most regulatory matters.

In addition to FERC proceedings, BWMQ also provides assistance to clients in state and federal proceedings, including bankruptcy matters, contractual disputes, and complaints initiated by state regulators. 

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Policy

BWMQ is unsurpassed in its ability to assist clients on all FERC-related matters. Our continuing presence in FERC proceedings and our fundamental understanding of FERC rules and practices uniquely position BWMQ to provide advice and assistance on all FERC issues involving policy and regulations. BWMQ, with its wide breadth of experience on electric, natural gas pipeline and oil pipeline policies, provides guidance and advice to a diverse group of clients on current and proposed regulations.

BWMQ can help you evaluate and submit comments on proposed FERC changes effectuated through Policy Statements or through Rulemaking Proceedings, as well as to help you understand current FERC policies. We can assist clients to position themselves appropriately and advantageously despite the evolving regulatory landscape. We also provide advice and assistance to clients in estimating the economic and financial impacts of regulatory policies on current operations as well as on future investment projects.

BWMQ also provides clients with a better understanding and appreciation of the roles played by FERC offices and officials in FERC proceedings. We assist clients in the pre-filing process for natural gas and electric matters.

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