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Damien R. Lyster

Damien R. Lyster Counsel, Energy Regulation

Damien represents companies in the energy industry in transactional and regulatory matters. He has advised clients on numerous transactional and regulatory issues related to power sales and marketing; the production, gathering, transportation, and storage of natural gas; the transportation of liquid hydrocarbons; and the sale or acquisition of electric power and natural gas assets.

He has represented gas and liquids midstream companies and gas and oil exploration and production companies in drafting and negotiating gathering, processing and transportation agreements, as well as project developers relying on gas or natural gas liquids for feedstock. He has also represented gas and liquids transmission providers, owners of electric generators, and power marketers before the Department of State, Federal Energy Regulatory Commission, and Department of Energy. Damien has also represented clients in administrative litigation before FERC and in FERC enforcement investigations.

Experience Highlights

  • Represented numerous clients in the negotiation and drafting of midstream agreements, including natural gas gathering, natural gas processing, NGL transportation, refined petroleum products transportation, and agreements for the sale and purchase of natural gas and liquids  
  • Represented natural gas shippers in the negotiation and drafting of precedent agreements for an interstate natural gas pipeline project, gas purchase and sale agreements, and asset management arrangements for project capacity 
  • Represented power marketers in complaint proceedings and administrative litigation before FERC related to allegations of market manipulation 
  • Prepared and prosecuted applications for certificates of public convenience and necessity to construct or modify natural gas storage facilities totaling approximately 43 Bcf of working gas capacity, and to obtain market-based rate authorization and approval of market-based rate tariffs for storage and hub services
  • Represented natural gas and oil pipeline companies in administrative proceedings at FERC related to cost-of-service rates and FERC ratemaking policy
  • Prepared, submitted, and prosecuted applications before the Department of State for Presidential Permits for liquids pipelines border crossings
  • Prepared and filed applications for negotiated rate authority for merchant transmission projects, including the authority to subscribe up to 75% of the project capacity with anchor tenants
  • Represented natural gas producers, gatherers, and marketers active in the Marcellus and Utica Shales in the negotiation and drafting of midstream agreements, including gas and liquids gathering, processing, and sale and purchase agreements 

Energy Projects

  • Represented natural gas pipeline clients in proceedings before FERC to obtain certificates of public convenience and necessity to construct or modify natural gas pipeline and storage facilities 
  • Prepared, submitted, and prosecuted an application of power marketer for renewal of authorization to export electricity from the United States 
  • Prepared an application pursuant to Section 203 of the Federal Power Act for the acquisition of interest in electricity generating assets resulting in the creation of a combined fleet of 14,000 MW of generation capacity 
  • Advised the owner of qualifying cogeneration facilities in the preparation and submission of self-recertifications of qualifying facility status 
  • Advised numerous power marketers and market-based rate electricity sellers regarding compliance with FERC regulations and reporting requirements 

Rate & Tariff Regulation

  • Represented a crude oil pipeline in Texas in obtaining approval of a new FERC tariff 
  • Assisted crude oil pipelines and developers in analyzing FERC jurisdictional determinations and related regulatory issues, and entering into transportation agreements for FERC-jurisdictional service
  • Drafted, revised, and filed tariffs for open-access natural gas storage and hub services 
  • Prepared and filed application for market-based rates for a natural gas storage company 
  • Prepared and filed applications for market-based rate authority, change in status notifications, and requests for Category 1 status for electric market participants

Administrative Litigation/Enforcement

  • Represented an oil pipeline client in a complaint proceeding and administrative litigation before FERC 
  • Represented electric market participants in FERC enforcement matters proceedings related to MISO, NYISO, and California ISO and PX markets 

Transactions

  • Represented producers of liquids-rich gas in drafting and negotiating gathering, processing and purchase agreements for assets in the Woodford shale and Permian Basin, and in addressing issues related to claims of competing dedications and continued development of assets amidst such claims
  • Assisted major natural gas and oil midstream companies and exploration and production companies in drafting and negotiating natural gas gathering, processing, and sales agreements, as well as general midstream services agreements for gas and oil gathering assets, in the Appalachian Basin 
  • Assisted a natural gas producer in drafting and negotiating gas sales agreements for dedicated production in the Haynesville Shale 
  • Represented an oil producer in the drafting of carbon dioxide processing and transportation agreements in connection with enhanced oil recovery operations 
  • Represented a crude oil producer with assets in the Permian Basin in drafting and negotiating a crude oil gathering agreement and transportation services agreement on new third-party crude oil pipelines
  • Represented an oil and gas exploration and production company with assets in the Rocky Mountain region in drafting and negotiating a throughput and deficiency agreement for capacity on a new FERC-jurisdictional crude oil pipeline 
  • Conducted regulatory assessment and due diligence on behalf of lenders and purchasers in connection with the acquisition of power generation facilities, natural gas pipeline facilities, and liquids pipeline facilities 


Contact Details

T +1.713.758.2025
F +1.713.615.5046
dlyster@velaw.com
1001 Fannin Street
Suite 2500
Houston, TX 77002
Local time: 2:46 PM
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T +1.202.639.6729
F +1.202.879.8909
dlyster@velaw.com
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
Local time: 3:46 PM
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Damien's Practices

  • University of Virginia School of Law, J.D., 2008 (Managing Board, Virginia Law Review; Dillard Scholar)
  • University of Iowa, B.A., Economics, Russian, and Global Studies with distinction and with honors, 2003
  • Admitted to practice: Texas; Virginia; District of Columbia; U.S. Court of Appeals for the Ninth Circuit
    • Selected to the Washington, D.C. Rising Stars list, Super Lawyers (Thomson Reuters), 2017 and 2018
    • Legal 500 U.S., Energy Regulation: Oil & Gas, 2019
    • Member: Energy Bar Association