Energy Law

1st Midstream Oil & Gas Law Conference

Meeting the Demand for Infrastructure

Houston, Texas, USA

Past Event

Up to 6 hours of MCLE Credit

Hilton Post Oak Hotel
2001 Post Oak Blvd.
Houston, Texas 77056

Registrar: +1.972.244.3405
IEL: +1.972.244.3424
Fax: +1.972.244.3401


This program will be the first offered by the IEL specifically focusing on midstream energy. Topics to be discussed include access to capacity, capacity allocation issues arising in new construction, structuring and financing midstream infrastructure, market and regulated rates for new capacity, service quality for shippers, outer continental shelf capacity issues, terminals, environmental regulation and much more.

David Asmus, Chair of the IEL's Advisory Board commented, "IEL recognizes the tremendous increase in prominence of midstream issues in North America in the wake of growing shale gas and shale oil production.  This new conference will strengthen the IEL's offerings in this important area, and if there is sufficient interest following the conference, may lead to the formation of a new midstream practicing committee that will continue to keep practitioners informed about midstream developments."

The conference took place at the Hilton Post Oak Hotel, Houston, Texas, on Friday, December 7th. 


  • New construction capacity allocation issues
  • Private equity investment in oil and gas
  • Environmental and clean air regulations affecting the midstream
  • Service quality, classifications and practice issues
  • New capacity issues on the OCS

Conference Co-Chairs

Donna J. Bailey 
General Counsel, Gas and Midstream Negotiations and Legal Chevron Gas and Midstream
Houston, Texas

Mark R. Haskell 
Morgan Lewis & Bockius LLP
Washington, D.C.

Michael P. Pearson
Jackson Walker L.L.P.
Houston, Texas 

Download the Brochure (pdf)

For more details, download the online brochure.


Registration includes the Conference, course materials, continental breakfast and the networking luncheon for conference registrants and faculty.

  • $435 / $495 - Regular registration fee
  • $345 / $395 - IEL Advisory Board Member
  • $345 / $395 - IEL Supporting or Sustaining Member Employee
  • $345 / $395 - CAIL Member or Member Employee
  • $345 / $395 - Government Employee
  • $145 - Materials Only

Schedule and Faculty

8:00 am


8:30 am

Welcome and Introduction to the Conference

  • Donna J. Bailey, General Counsel, Gas and Midstream Negotiations and Legal, Chevron Gas and Midstream, Houston, Texas
  • Mark R. Haskell, Morgan Lewis & Bockius LLP, Washington, D.C.
  • Michael P. Pearson, Jackson Walker L.L.P., Houston, Texas

8:45 am

Commercial Challenges Presented by the Historical Approach to Oil and Product Pipeline Capacity Access and Rates

Steven Reed will describe the historical approach to regulation of oil and products pipelines’ service offerings and rates in the context of ICA regulation, and set the stage for discussion of emerging trends later in the conference.

Steven Reed, Steptoe & Johnson LLP, Washington, D.C.

9:30 am

Capacity Allocation Issues Arising in Connection with the Construction of New Capacity

This session will discuss the changing regulatory environment and how it is impacting the allocation of new capacity as well as the impact on existing capacity holders. The speakers will address:

  • Open season requirements
  • Bid evaluation
  • Capacity allocation
  • The nature of services provided to different classes of shippers
  • The amount and treatment of committed vs. uncommitted capacity
  • The situation of two capacity owners, one an interstate shipper, and the other not


Mark R. Haskell, Morgan Lewis & Bockius LLP, Washington, D.C.


Glenn S. Benson, Of Counsel, Perkins Coie LLP, Washington, D.C.
Christopher J. Barr, Post & Schell, P.C., Washington, D.C.

10:15 am


10:30 am

Emerging Trends in Rate Treatment for New Capacity

Our speaker will address recent developments in the rates applicable to new capacity, including:

  • Market based vs. regulated rates
  • Premium vs. discount

Charles F. Caldwell, Vinson & Elkins LLP, Houston, Texas

11:15 am

Provate Equity Investment in Oil and Gas

This session will examine how midstream companies are structuring deals to provide revenue assurance and service reliability.

Elizabeth L. McGinley and Michael De Voe Piazza
Bracewell & Giuliani LLP, Houston, Texas

12:00 pm

Networking Luncheon

1:30 pm

Environmental and Clean Air Regulations Affecting the Midstream

This presentation will focus on the situation in Texas by way of illustration, covering the dispute between TCEQ and the EPA and discussing how the increased attention to clean air will aff ect the midstream business.

Ben R. Rhem, Jackson Walker L.L.P., Austin, Texas

2:15 pm

Issues Concerning Service Quality, Classifications and Practices; The Good, The Bad and the Ugly

The production boom associated with hydraulic fracturing has produced a new focus on services provided using existing pipeline infrastructure. Kathy Lake will discuss emerging issues regarding service quality, terms and conditions in light of these developments, including:

  • Prorationing and capacity apportionment
  • Initiation of new services using existing capacity
  • Termination/abandonment of existing services
  • Comparison with state regulation

Kathleen Cooper Lake, Vinson & Elkins LLP, Houston, Texas

3:00 pm


3:15 pm

New Capacity Issues on the Outer Continental Shelf

Our speaker will discuss the regulatory regime applicable to OCS oil and products pipelines, how it diff ers from pipelines subject to ICA jurisdiction and how those diff erences infl uence deals for new OCS capacity.

Jana L. Grauberger, Liskow & Lewis, Houston, Texas

4:00 pm

Jurisdictional Developments Relating to Terminals and Terminal Services

Our speakers will review recent developments involving the provision of ancillary services, including:

  • Terminal services
  • Storage services
  • Other “transportation” arrangements

Steven A. Adducci and Richard E. Powers, Jr.
Venable LLP, Washington, D.C.

4:45 pm


CLE Credits

MCLE Credit

This program is approved by the State Bar of Texas for 6 hours, no ethics. Course ID Number: 901254046. Sign-in sheets and/or certifi cates of attendance will be available for ALL states.

Specialization Credit

This program is approved by the Texas Board of Legal Specialization for 6 hours in the following areas:

  • Civil Appellate Law
  • Civil Trial Law and
  • Oil, Gas and Mineral Law

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the Hilton Post Oak Hotel, 2001 Post Oak Blvd., Houston, TX 77056. Registrants should call (800) 445-8667 and advise them of group code CAI to receive a reduced room rate of $169 + tax. The last day to obtain this special rate is November 15, 2012.

Cancellation Policy

Tuition, less a $50 cancellation fee will be refunded upon receipt of written cancellation received by November 19, 2012. E-mail cancellation notice to After this date, no refunds, but substitution of attendees for this program will be permitted. Registrants not entitled to a refund will receive the course materials.

Other Information

Press Policy

All IEL conferences are held under the Chatham House Rule. Participants, including journalists, are free to use any information received, but comments may not be attributed to any speaker identifi ed by name or affiliation.

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.

Privacy Policy

We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Energy Law (IEL) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.

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