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John S. Decker

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Decker, John S.

Biography
John represents companies in the energy industry in transactional and regulatory matters. John has worked on numerous domestic and international transactions involving the production and transportation of natural gas and liquefied natural gas, the development of gas-fired power plants, and the sale or acquisition of electric power and natural gas assets. He has analyzed the regulatory systems of several foreign countries. John has also represented natural gas pipeline owners, liquefied natural gas importers, investor-owned utilities, owners of qualifying facilities, exempt wholesale generators, electric power marketers, and municipalities before the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE). John has also provided advice on commercial and regulatory issues in the domestic retail electricity market.

John currently serves as Hiring Partner for the Washington office.


Representative Experience
Regulatory (Electric)
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  • Obtained approval pursuant under Section 203 of the Federal Power Act for the acquisition of a transmission and distribution utility where the new ownership structure was designed to facilitate the creation of a real estate investment trust, the first time such an ownership structure was approved by FERC
  • Represented an energy holding company in a proceeding before FERC under Section 203 of the Federal Power Act to obtain approval of a merger with a publicly traded special purpose acquisition company, the first such transaction approved by FERC
  • Obtained approval pursuant to Section 203 of the Federal Power Act for the acquisition of a retail electricity and natural gas marketer with operations in 14 states and Canada
Transactional (Electric)
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  • Represented a power marketer in the negotiation of a tolling agreement for "in city" generation in the New York ISO
  • Advised the lender in connection with the performance of regulatory due diligence and negotiation of regulatory provisions of transaction documents for the acquisition of a portfolio of generation assets by a private equity fund
  • Performed commercial and regulatory due diligence in connection with the acquisition of three wind power projects
Transactional (Gas)
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  • Represented a gas gathering company in the negotiation of a gathering agreement for a rapidly expanding shale gas production area
  • Represented the developer of a 50 Bcf gas storage facility in the negotiations of precedent agreements with its customers
  • Provided regulatory advice to investors in connection with the acquisition of natural gas storage facilities
Regulatory (Gas)
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  • Obtained a certificate of public convenience and necessity from FERC under Section 7 of the Natural Gas Act for a $289 million pipeline expansion and extension project in Tennessee, North Carolina, and Virginia; represented project sponsor in defending certificate orders on appeal before the D.C. Circuit
  • Represented a local gas distribution company as a party to a liquefied natural gas export proceeding before DOE
  • Represented the developer of a high-deliverability, multi-cycle natural gas storage facility in obtaining a certificate of public convenience and necessity from FERC
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • University of Virginia School of Law, J.D., 1994 (Editor-in-Chief, Virginia Environmental Law Journal; Order of the Coif)
  • Duke University, A.B. Economics and Political Science cum laude, 1991 (Omicron Delta Epsilon)
  • Admitted to practice: Maryland, 1994; District of Columbia, 1996
Professional Recognition
  • Chambers USA: America's Leading Lawyers for Business in energy law, 2007 - 2011
  • Chambers USA: America's Leading Lawyers for Business in projects and energy and natural resources law, 2003 - 2009; in projects, 2008 - 2009
Activities and Affiliations
  • Member, Energy Bar Association
Publications and Presentations
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John S. Decker
Partner
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037-1701

Tel  +1.202.639.6599
Fax  +1.202.879.8899
jdecker@velaw.com

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