Kenneth M. Minesinger

Kenneth M. Minesinger

Shareholder

Ken Minesinger is Co-Chair of GT’s Energy & Natural Resources Practice group. Ken represents clients in the development of their oil and gas resources, and on energy regulatory issues. Ken has represented clients in commercial and fiscal negotiations; joint venture negotiations; complex ratemaking and restructuring proceedings; certificate/licensing proceedings and related project development matters; complaint proceedings; and investigations into allegations of market manipulation, the exercise of market power, and alleged violations of agency rules and policy.

Concentrations

  • Energy projects
  • Energy regulation
  • Antitrust
  • Energy litigation

Capabilities

Experience

  • Represents clients, including sovereign clients, regarding:
    • Negotiation of agreements necessary to commercialize oil and gas resources;
    • Fiscal agreements;
    • Production sharing agreements;
    • Review of gas pipeline and liquefied natural gas (LNG) project proposals and associated project development agreements;
    • Associated joint venture agreements;
    • Upstream agreements;
    • Regulatory and permitting issues; and
    • Antitrust and related competition issues.
  • Has represented major energy companies and other industry participants on numerous FERC regulatory and antitrust matters, including:
    • Rate case preparation, litigation, and settlements;
    • Certificate proceedings and related state PUC proceedings involving pipeline projects and transportation contracts;
    • LNG project safety/siting issues;
    • FERC Enforcement matters;
    • Antitrust compliance and M&A matters;
    • Settlement compliance;
    • Affiliate code of conduct issues;
    • Negotiated rate agreements;
    • Market-based rate authorizations; and
    • Compliance with FERC's anti-market manipulation rules.

Specific regulatory representations include the following:

  • Representation of State of Alaska on various FERC issues associated with the largest LNG development project in the U.S.
  • Represented Ruby Pipeline concerning regulatory and related issues associated with the development and construction of a major new natural gas pipeline from the Rockies to the California/Oregon border.
  • Acted as outside counsel in numerous rate cases and other significant FERC matters for various companies, including El Paso Natural Gas Company, Tennessee Gas Pipeline Company, Mojave Pipeline Company, Colorado Interstate Gas Company, Wyoming Interstate Company, and Cheyenne Plains Gas Pipeline.
  • Represented pipeline, at FERC and the D.C. Circuit, in obtaining dismissal of allegations that pipeline's transportation contracts with a major shipper were anticompetitive and unduly discriminatory.
  • Represented pipeline, at the D.C. Circuit Court of Appeals, in obtaining affirmation of FERC orders requiring the conversion of full requirements contracts to fixed quantity contracts and rejecting allegations that pipeline withheld capacity during the California energy crisis.
  • Has obtained FERC approval of various transactions under Section 203 of the Federal Power Act on behalf of electric power marketers and utilities.
  • Representation of various clients in oil pipeline matters, including issues associated with rates and access to pipeline capacity for newly developed oil supplies and capacity allocation disputes.
  • Represented clients on numerous antitrust M&A matters, including transactions involving:
    • Electric generation assets;
    • Oil field services companies, including offshore drilling companies, manufacturers of offshore drilling rigs, and oil and gas exploration technology firms;
    • Natural gas pipelines;
    • Natural gas processing and liquids companies; and
    • Oil pipelines.
  • Conducted antitrust and FERC compliance seminars for major energy companies.
  • Represented a major energy company in negotiating a consent judgment with the FTC regarding the sale of the company's natural gas pipeline and processing assets to another major energy company.
  • Represented major energy companies defending antitrust lawsuits alleging exercise of monopoly power, market division, and market manipulation. Litigated filed rate doctrine and preemption related federal jurisdiction issues in these and other energy-related antitrust lawsuits.
  • Represented major clean coal project before the Department of Energy in efforts to obtain federal tax credits provided by the Energy Policy Act of 2005.
  • Advise clients concerning federal loan guarantees for solar projects.

Recognition & Leadership

  • Listed, The Best Lawyers in America, Energy Law, 2014-2018
  • Listed, Super Lawyers magazine, Washington, D.C. Super Lawyers, 2013-2018
  • Listed, Chambers USA Guide, 2007-2015, 2017-2018
  • Listed, The Legal 500 United States, Energy – Regulatory and Transactions, 2015-2018
  • Listed, Euromoney’s Expert Guide to the World’s Leading Experts in Energy Law, 2013-2018
  • Listed, Chambers Global, Energy: Oil & Gas (Regulatory & Litigation - USA), 2011-2016
  • Member, Association of International Petroleum Negotiators
  • Member, American Bar Association
    • Antitrust Section, Fuel and Energy Committee Member
  •  Energy Bar Association
    • Past Chairman and Vice-Chairman of Antitrust Committee

Credentials

Education
  • J.D., cum laude, The George Washington University Law School
    • Notes Editor, Journal of International Law and Economics
  • B.A., cum laude, University of Maryland
    • Phi Beta Kappa
Clerkships
  • Hon. John H. Moore II, U.S. District Court for the Middle District of Florida, 1990-1992
Admissions
  • District of Columbia
  • Maryland
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Ninth Circuit