Areas of Practice

Bar Admissions

  • District of Columbia
  • Texas

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Federal Claims
  • U.S. Court of International Trade
  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Supreme Court

Education

  • J.D., magna cum laude, Notre Dame Law School, 1977
  • B.S., summa cum laude, Gonzaga University, 1974
    Alpha Sigma Nu Honor Society

    Pi Mu Epsilon Honor Society

Memberships

  • American Bar Association

    Texas Bar Association

    District of Columbia Bar Association

    Energy Bar Association
T +1 202.344.4360
F +1 202.344.8300
 

Richard E. Powers, Jr.

Partner

Dick Powers focuses his practice on energy, legislative, administrative and corporate law with emphasis on environmental, government contract, international, natural gas, crude oil, and renewable energy and power projects.

CLIENT BENEFITS

Dick provides business advice and handles regulatory compliance and trial proceedings at the Federal Energy Regulatory Commission, U.S. Department of Energy, U.S. Department of Interior, state utility commissions, federal court and arbitration forums, including proceedings involving oil, natural gas, electric, hydroelectric and renewable energy matters. Dick drafts and negotiates agreements for the purchase, sale, and financing of energy, energy properties, transportation, storage and distribution facilities, and refining and gas processing facilities, including advice relating to small power generation, cogeneration, hydroelectric, solar and biomass facilities.

Dick also provides advice and handles energy-related matters before the U.S. Congress and various state forums.

Dick represented foreign governments in drafting mineral laws and regulations and related tax laws, as well as contracts for exploration and development of natural resources. He represented developers on a pipeline project in Eastern Europe and on hydroelectric and pipeline projects in Africa, in addition to representing foreign and domestic corporations in connection with the Iraqi reconstruction efforts. Dick provided general business advice and drafts and negotiates agreements for various international transactions and works with international organizations, including the World Bank Group, Export/Import Bank and the Overseas Private Investment Corporation. He represented clients in numerous foreign countries, including Colombia, Ecuador, Ethiopia, Egypt, Iraq, Mexico, Yemen, The Democratic Republic of the Congo and the Russian Federation. Dick handled arbitrations before international forums in disputes between private parties and in disputes between private parties and sovereign governments, including consultations on matters relating to dispute resolution.

Representative Clients

Major U.S. airlines and carriers, major U.S. propane companies, trade associations, petroleum refining and marketing companies, major oil and chemical companies, independent exploration and production companies, natural gas marketers and storage companies, electric generation companies, electricity/power marketers, renewable energy companies, other entities owning or having substantial interest in mineral properties, manufacturing companies, transportation companies, banks and other financial institutions.

Significant Matters

Representative North American energy experience includes advising/representing:

Crude Oil and Refined Petroleum Products
  • Major airlines in fully-litigated rate case involving rates on a major interstate pipeline over transportation to the New York City Airports – successfully settled the rate case and the related market-based rate case and obtained refunds/reparations and reduced rates;
  • Airline and propane associations in the 5-year FERC index review – successfully persuading FERC to set the index by reference to a new metric linked to actual pipeline cost changes and resulting in a lower index adjustment than initially proposed by FERC;
  • Numerous propane companies and a refined petroleum marketer in a complaint against a major interstate pipeline over the discontinuation of certain petroleum product transportation services on its system – successfully obtaining a FERC order that the pipeline’s actions breached a settlement agreement entitling complainants to damages and successfully negotiating a settlement of the damage claims;
  • Refining and marketing interests in petroleum product pipeline market-based rate proceedings - successfully obtained favorable FERC actions denying requests for market-based rate authority and blocking application by a major interstate oil pipeline for authority to charge market-based rates on its Midwestern system;
  • Refining and marketing interests in the first two fully litigated petroleum product pipeline cost of service rate proceedings at the FERC including first case to successfully challenge grand-fathered rates under the Energy Policy Act of 1992;
  • Major propane companies in opposing a major rate increase (98%) for NGL shippers – the first NGL pipeline rate proceeding ever to be litigated;
  • An oil and gas producer in connection with a tariff and accounting dispute under an Alaska PSC tariff;
  • Refining and marketing interests in petroleum product pipeline complaint, cost of service and market based rate proceedings before the California PUC;
  • Major and independent oil and gas producers in development of crude oil quality bank for offshore production shipped on large interstate pipeline and obtained favorable settlement concerning same;
  • Independent oil and gas producers before the DOI in connection with OCS and BLM royalty, pricing, transportation, and valuation matters; and
  • A large independent oil and gas company on leasing tribal and allotted lands including obtaining related state and federal legislation and DOI approval;

Natural Gas, LNG and Electricity
  • A producer/owner/shipper on regulatory and structuring matters on a U.S./Canadian pipeline;
  • Natural gas industry participants on issues involving the transportation of natural gas from Canada to the United States and the importation of natural gas from Canada to the United States and the importation of natural gas to and from the United States and Mexico, including pipeline issues in Mexico;
  • Natural gas shippers on major interstate natural gas pipeline systems regarding compliance with FERC Order Nos. 436, 636 and 637;
  • Natural gas shippers in interstate natural gas pipeline rate proceedings, including obtaining favorable FERC decisions and favorable settlements for natural gas shippers;
  • U.S. natural gas storage providers in certification, abandonment and pipeline rate and interconnect proceedings;
  • Non-regulated subsidiary of a major U.S. utility in acquisition of 1500 MW of generation capacity in operation or under development in the Midwest and Northeast and 6500 MW of generation capacity in operation or under development in the Midwest, South and Southeast;
  • A non-regulated subsidiary of a major U.S. utility in a portfolio financing ($2.3 billion) involving a significant portion of their generating assets on FPA and PUHCA matters;
  • A national power marketer in breach of contract actions brought against other wholesale purchasers and sellers of electricity associated with the Midwest Price Spike for electricity in 1998 resulting in recovery of several million dollars;
  • A non-regulated subsidiary of a major U.S. utility in FERC proceedings concerning the re-certification of electric power projects as QFs or EWGs and establishing market-based rate tariffs;
  • An IPP in connection with proposed electric generating facilities on Indian lands;
  • Electricity users and others in connection with the 2000- 2001 energy crisis in the Western states with respect to electricity pricing and transmission issues;
  • Foreign and domestic entities on matters relating to PURPA, PUHCA, FPA and NGA and other relevant laws for various energy concerns; and
  • IPPs and renewable energy companies on various matters relating to electricity transmission, interconnection and interlocking directorate issues.

Renewable Energy
  • Represented developer in state and federal regulatory and legislative initiatives that made possible the 64-MW Solar Thermal Electric Generating Plant in Boulder City, Nevada;
  • Represented developer of multiple hydroelectric facilities along the Allegheny on financing, construction and permitting.

Representative international energy and infrastructure project experience includes advising/representing:
  • An African nation in restructuring their oil and natural gas laws and regulation as well as related tax, exchange and customs laws and regulations that became law (project funded by World Bank);
  • An African nation in litigation against a national foreign bank on a governmental loan involving related diplomatic recognition issues;
  • Representation of oil field service company in connection with expropriation of goods during the Iranian revolution, including handling the resulting arbitration proceeding in the Hague and settlement thereof. Representation of large Kuwaiti engineering and construction company in connection with its reconstruction efforts in Iraq in the post-Saddam era, including resolution of government contracting claims.
  • An international oil and gas company on an oil and natural gas concession in Guatemala against a government-owned oil company, including arbitration under the International Chamber of Commerce and other matters resulting in a cash and property settlement;
  • An international petroleum products testing and gauging company in establishing operations in Panama and complying with various U.S. trade/investment laws;
  • Independent oil and gas companies in connection with multiple multi-million dollar sales and acquisitions of oil and natural gas concessions in Colombia, Ecuador, Chile and Argentina; and
  • A task force developed to address the restructuring of the oil and natural gas production and pipeline laws and regulations in Russia.

Activities

Dick is a member of the Board of Regents of Gonzaga University.

Dick is a member of the American Bar Association, Texas Bar Association, District of Columbia Bar Association, Energy Bar Association, and International Bar Association.