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Damien R. Lyster
Damien R. Lyster
Counsel — Energy Regulation
Counsel — Energy Regulation

Damien R. Lyster

Damien R. Lyster

1001 Fannin Street
Suite 2500
Houston, TX 77002


2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

Damien R. Lyster

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  

  • Advised and assisted clients with authorizations to construct FERC-regulated natural gas storage facilities through FERC’s blanket certificate program, including preparation and prosecution of prior notice applications

  • 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 

  • Represented oil pipelines and shippers and in negotiating and drafting FERC-regulated transportation service agreements and tariffs, and assisting in developing open seasons for FERC-regulated transportation service

  • 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 

  • 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 

  • Prepared and filed crude oil pipeline tariff filings, embargo, and waiver application under the Interstate Commerce Act 

  • 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

  • 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 

  • 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 


  • 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
  • Chambers USA, Energy: Oil & Gas (Regulatory & Litigation) (Nationwide), 2021, “Up and Coming” in Energy: Oil & Gas (Regulatory & Litigation) (Nationwide), 2021
  • Selected to the Washington, D.C. Rising Stars list, Super Lawyers (Thomson Reuters), 2017 and 2018
  • Legal 500 U.S., Energy Regulation: Oil & Gas, 2019–2021
  • Member: Energy Bar Association
  • Texas
  • Virginia
  • District of Columbia
  • U.S. Court of Appeals for the Ninth Circuit
  • “FERC Tax Orders Webcast & Teleconference,” March 23, 2018 (speaker)
  • “FERC Order on Marketing Affiliates Under the ICA,” V&E Energy Regulation Insights E-communication, December 11, 2017 (co-author)