FERC Revolving Door Continues as Top Lawyer Leaves for Fossil Fuel Lobbying Firm

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This is a guest post byย Derek Seidman and originally appeared onย Eyes on the Ties.

The Federal Energy Regulatory Commission (FERC) is the main regulatory agency that oversees the interstate transmission of natural gas, oil, and electricity. Made up of five commissioners and a staff of lawyers and other officials, FERC holds significant power over the approval and regulation of โ€” among other things โ€” proposed oil and gas pipelines that cross state lines or that will transmit fossil fuels from out ofย state.

FERC has also been a regular stopping point in the revolving door between the fossil fuel industry and the regulatory apparatus that overseas that industry. This trend continues, now, with the appointment of a top FERC attorney to McGuireWoods, a major lobbyingย firm.

John P. Perkins III has been a top litigator at FERC since 2013. According toย McGuireWoods, he was a โ€œlead trial lawyer and acting branch chief in FERCโ€™s Office of Administrative Litigation in Washingtonโ€ and โ€œdirected a team of lawyers and support staff in rate proceedings for electric transmission projects, natural gas pipelines and oil pipelines, led settlement negotiations and litigated administrativeย hearings.โ€

In other words, Perkins has close ties to and experience with FERCโ€™s inner-workings around utilities and oil and gas projects. Indeed, he even served on FERCโ€™sย Oil and Liquid Committeeย and authored its 2014ย legal handbookย on market-based rates for oilย pipelines.

In joining McGuireWoods, Perkins will be teaming up with a lobbying giant that has beenย laudedย by the energy industry for its effective advocacy. The firmโ€™s clients from 2017 included such fossil fuel industry powerhouses as theย American Petroleum Institute,ย Dominion,ย Exelon,ย ExxonMobil,ย Murray Energy, andย Southern Company.

One of McGuireWoodsโ€™s partners isย Richard Cullen, who, as weย previously noted, is the brother-in-law of Dominion Energyโ€™s powerful CEO, Tom Farrell. Cullen is also the former Attorney General of Virginia and U.S. Attorney for the Eastern District ofย Virginia.

At McGuireWoods, Perkins will represent the firmโ€™s energy clients in FERC rate cases and โ€œ[support] the firmโ€™s transactional lawyers on federal regulatory matters related to mergers and acquisitions,โ€ย accordingย to theย firm.

Prior to joining FERC in 2013, Perkins was inย private practiceย for eight years. He was an associate at Haltom & Doam (based in Texas) from 2004 to 2008 and a partner at Shults & Brown (based in Arkansas) from 2008 toย 2012.

Perkinsโ€™s flight from FERC to the fossil fuel industry โ€” to litigate and lobby for the corporate entities he used to regulate while he personally profits from the ties and experience he developed as a public servant โ€” is not unusual. A few other recent examples of FERCโ€™s revolving doorย include:

  • Colette Honorable, who served as a FERC Commissioner from 2014 to June 2017, joined the lobbying firm Reed Smith LLP just a week after she left FERC. Reed Smith lobbies for energy clients such asย Dominion Energy. As we reportedย last year, Honorable was cozy with the Edison Electric Institute, a major lobbying group for big utilities corporations and the fossil fuelย industry.
  • Kevin J. McIntyreย has been the FERCย chairpersonย since November 2017. Prior to being nominating to this position by Trump, McIntyre was a top lawyer in the global Energy Practice of Jones Day, a law firm that hasย close tiesย to the Trump administration. Jones Dayโ€™s energy clients haveย includedย Chevron, FirstEnergy, Southern Company,and several others โ€” as well as private equity firms like Goldman Sachs and Carlyle Group who have fossil fuel holdings. While we donโ€™t know the full range of clients that McIntyre personally represented, a 2010ย documentย shows he represented Macquarie Energy LLC, which described itself as โ€œan importer of LNG, a marketer of natural gas, and a holder of LNG terminalย capacity.โ€
  • Anthony T. Clarkย was a FERC Commissioner from 2012 to 2016. After leaving FERC, he became aย Senior Advisorย at Wilkinson Barker Knauer, a DC law firm. Clark now works with the firmโ€™s energy clients. At the time of the announcement of his new gig,ย Utility Diveย remarkedย that Clarkโ€™s move โ€œfollows a rich tradition of federal regulators heading into the energy law and lobbyingย sector.โ€
  • Philip D. Moellerย was the second longest-serving FERC commissioner ever, with a tenure that lasted from 2006 to 2015. After he left FERC, Moellerย joinedย the utilities lobbying powerhouse Edison Electric Institute, whoseย membersย include a range of fossil fuel industry giants. Moeller serves as EEIโ€™s Executive Vice President of Business Operations Group and Regulatoryย Affairs.

See Perkinsโ€™ and other FERC officials revolving door ties below in our slideshow map (or go see the map atย LittleSis.org).

Main image:ย Baton Rouge Refinery of ExxonMobil, a McGuireWoodsโ€™ client. Credit:ย WClarke,ย CC BYSAย 4.0

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