OUR ATTORNEYS

Matthew J. Agen

Matthew J. Agen
Matthew J. Agen

Counsel

Counsel
P: (713) 338-3154
M: (202) 536-9521
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Matthew’s principal area of practice is compliance with federal laws and regulations governing the transportation of natural gas, crude oil, petroleum products and natural gas liquids by pipeline. Matthew has represented clients in a variety of federal regulatory and transactional matters arising under the Natural Gas Act, Interstate Commerce Act, and Federal Power Act before the Federal Energy Regulatory Commission (FERC). Matthew has additional experience representing clients before the U.S. Court of Appeals for the District of Columbia, the Pennsylvania Public Utility Commission (PAPUC), the U.S. Department of Energy (DOE), and the U.S. Department of State (DOS).

Representative Experience

Natural Gas Pipelines, Storage, and Distribution

  • Advised interstate natural gas pipelines on matters related to the certification and abandonment of FERC jurisdictional facilities, transportation rates, tariff provisions, fuel retainage, natural gas sales agreements, and issues related to the gathering of natural gas in the Utica and Marcellus shale formations
  • Counseled natural gas pipelines on FERC investigations into the reasonableness of transportation rates and compliance matters
  • Advised clients on transactional matters, internal business processes, and tariff provisions to ensure compliance with FERC regulations and Commodity Futures Trading Commission Dodd-Frank Act requirements
  • Counseled clients on scope of federal regulatory authority and a variety of jurisdictional matters
  • Advised natural gas distribution companies on matters pertaining to interstate pipeline rate proceedings
  • Counseled natural gas storage clients on certificate applications and market-based rate applications
  • Counseled distribution companies and interstate natural gas storage facilities on matters relating to the federal preemption of state jurisdiction, corporate bylaws and governance, cost-based rates, tariff provisions, rulemakings, and compliance matters
  • Represented distribution companies before the U.S. Court of Appeals for the District of Columbia

Liquids Pipelines

  • Advised and represented liquids pipelines in ratemaking and tariff proceedings before FERC
  • Counseled clients on declaratory orders, protests, and responsive pleadings in contested proceedings
  • Advised pipelines on the preparation of market-based rate applications
  • Represented liquids pipelines and a trade association in rulemaking proceedings
  • Counseled liquids pipelines on rate matters, reparations, transportation service agreements, open seasons, and a variety of tariff related issues
  • Advised clients on litigation, discovery, and settlement strategies
  • Managed complex litigation and discovery matters involving liquids pipelines
  • Advised liquid pipelines on presidential permit matters related to cross border facilities and the jurisdiction of the DOS

Electric Distribution and Generation

  • Advised electric utilities and generators on regulatory matters concerning mergers, the disposition of jurisdictional assets, reactive power rates, bankruptcy, tariff compliance, formula, cost-based and market based rates, FERC Standards of Conduct and affiliate matters, and market manipulation rules
  • Represented electric utilities before the PAPUC in litigated proceedings regarding the establishment of default service programs, power procurement plans, the abandonment of facilities, and energy efficiency and conservation plans
  • Assisted an electric distribution company in receiving a DOE grant

Prior results do not guarantee a similar outcome.

Education and Professional Background
  • Prior to joining Caldwell Boudreaux Lefler PLLC, Matthew served as in-house counsel for a major interstate natural gas pipeline company, and was also an attorney in the energy practice groups of Post & Schell, P.C. and Morgan Lewis & Bockius LLP in Washington, D.C.
  • Prior to joining private practice, Matthew was an Attorney Adviser in the Office of Administrative Law Judges at FERC
  • Georgetown University Law Center, LL.M. Securities and Financial Regulation, 2003
  • Syracuse University College of Law, J.D. cum laude, 2002
  • Syracuse University School of Management, M.B.A. Concentration in Finance, 2002
  • University of Massachusetts, B.A., Philosophy, 1997
  • Admitted to practice: New York State; District of Columbia; U.S. Court of Appeals for the District of Columbia
Activities and Affiliations
  • Energy Bar Association (Member of the Oil & Liquids Pipeline Regulation Committee in 2010, 2011 and 2012)
  • American Bar Association
Publications and Presentations
  • “Dodd-Frank and Electric Utilities: Understanding the New Mosaic of Commodities Trading Regulations,” Public Utilities Fortnightly (December 2013)
  • “Transmission Tug-of-War: From EPAct to Order 1000, Siting Authority Continues Evolving,” Public Utilities Fortnightly (November 2011)
  • “Short Cut or Short Circuit? The 2005 Act, Designed to Streamline Projects, May Fall Short of that Goal,” Public Utilities Fortnightly (August 2007) (Co-Author)
  • “Growing Pains: FERC’s Responses to Challenges to the Development of Oil Pipeline Infrastructure,” Energy Law Journal, 28 Energy L. J. 43 (2007) (Assisted with Research and Drafting)
  • “FERC Regulation of Liquids Pipelines – Current Rules and Emerging Trends,” EUCI Training Course (March 2014) (Co-Instructor)