Gregory M. Kusel

GREG KUSEL is in the Energy and M&A practice groups. Greg advises clients about energy-related matters with a focus on natural gas marketing and pipeline transportation capacity. His practice consists of extensive transactional work, as well as representing clients before the Federal Energy Regulatory Commission (“FERC”) and other regulatory bodies.

Greg’s regulatory practice includes making applications to support M&A transactions, handling anti-manipulation issues and investigations, and commenting on rulemakings related to oil and natural gas policy, among other things. Greg has helped clients solve issues related to federal versus state jurisdiction, rate-setting, and terms and conditions of service for both interstate natural gas pipelines operating under Section 4 of the Natural Gas Act (NGA), and intrastate pipelines providing service under Section 311 of the Natural Gas Policy Act of 1978 (NGPA). He regularly provides compliance training to clients about FERC’s regulations, especially related to capacity release, anti-manipulation, and standards of conduct.

Greg’s transactional practice involves negotiating and drafting many types of energy-related contracts, including natural gas transportation service agreements, precedent agreements and construction agreements for new energy projects, FERC Order No. 712 asset management arrangements (AMAs), and others. Greg also regularly helps clients negotiate NAESB agreements for purchases and sales of natural gas, and associated credit support documentation. More broadly, he works on secured financings, operation and maintenance agreements, interconnection and operating agreements, letters of credit, parent guarantees, intercompany services agreements, marketing agreements, purchase and sale agreements, and other energy and M&A contracts.

Greg’s recent experience includes:

• Representing OMERS Infrastructure Management Inc. in its acquisition of a 50 percent interest in BridgeTex Pipeline Company, LLC. 
• Assisting Mexico’s Comisión Federal de Electricidad (CFE) and its U.S. marketing affiliate, CFE International LLC, in connection with the development of new natural gas pipelines in Texas, and with their natural gas marketing operations.
• Representing energy trading companies in investigations by FERC’s Office of Enforcement and responding inquiries from independent market monitors and the Department of Energy (DOE).
• Securing authorizations needed to trade natural gas internationally from DOE, and implementing reporting compliance programs for DOE, U.S. Customs and Border Protection and U.S. Census. 
• Providing fuel supply analysis and strategy for buyers of natural gas-fired electric generation facilities.
• Advising pipelines of their rights in the context of shipper credit risks and shipper bankruptcies.
• Filing requests for waivers of FERC capacity release regulations and associated pipeline tariff provisions to facilitate complex M&A transactions and corporate restructurings.

Greg worked as part of CFE’s U.S. legal team on the development of the Trans-Pecos and Comanche Trail Pipelines, which were awarded IJGlobal’s North American Oil & Gas Deal of the Year for 2015.

Prior to joining Sidley, Greg worked for FERC’s Office of Energy Market Regulation for nearly six years. He is a veteran of the U.S. Army Infantry and served in Operation Iraqi Freedom.