John S. Decker
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, D.C. 20037
John represents companies in the energy industry in transactional and regulatory matters, primarily focused on the natural gas and electric power industries. He is one of a handful of lawyers in the country who is ranked by Chambers USA for his regulatory work in both electricity and oil and gas.
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 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 also counsels clients on commercial and regulatory issues in the domestic retail electricity market.
Experience Highlights
Represented a private equity fund in a proceeding under Section 203 of the Federal Power Act for approval of a multibillion dollar merger to form a new publicly traded independent power company
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 BG Group, as co-owner of Lake Charles Exports, in successful application before DOE for long-term authorization to export 2 Bcf per day from the Lake Charles LNG terminal; Lake Charles Exports received the third authorization to export LNG to non-free trade agreement countries
Represented a power marketer in the negotiation of a unit contingent tolling agreement for an existing generator, where the capacity, energy, and ancillary services were to be sold into the NYISO markets
Represented an exploration and production company in the negotiations of a gas gathering agreement and gathering system operating agreement governing operations in the Midland Basin
Represented a private equity fund in a proceeding under Section 203 of the Federal Power Act for approval of a multibillion dollar merger to form a new publicly traded independent power company
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
Represented a power marketer in a proceeding before FERC under Section 203 of the Federal Power Act to obtain approval of the acquisition of an electric power trading book from another power marketer
Represented the seller of eight power plants in the southeastern U.S. in a proceeding before FERC under Section 203 of the Federal Power Act to obtain approval of the transaction
Represented a joint venture in a proceeding before FERC under Section 203 of the Federal Power Act to obtain approval of the sale of its electric power trading business to an investment bank
Represented the purchaser of a wind power project developer in a proceeding before FERC under Section 203 of the Federal Power Act to obtain approval of the transaction
Represented the seller of a portfolio of hydroelectric power plants in proceedings before FERC under Section 203 of the Federal Power Act to obtain approval of the transaction
Prosecuted applications before FERC under Sections 203 and 205 of the Federal Power Act to create a regional transmission organization on behalf of a group of investor-owned utilities
Obtained recertification of qualifying facilities for several small power production facilities following divestiture of 50 percent ownership interest
Represented BG Group, as co-owner of Lake Charles Exports, in successful application before DOE for long-term authorization to export 2 Bcf per day from the Lake Charles LNG terminal; Lake Charles Exports received the third authorization to export LNG to non-free trade agreement countries
Filed an application with DOE for a long-term authorization to export liquefied natural gas from a proposed project in Brownsville, Texas
Represents a foreign corporation as an off-taker from an LNG export project; Negotiations include tolling agreements, gas supply arrangements, and regulatory advice
Filed an application with DOE for a long-term authorization to export up to 24 million tons per annum of LNG from Freeport-McMoRan Energy’s proposed Main Pass Energy Hub Deepwater Port (MPEH)
Represented Total Gas & Power North America in a proceeding before DOE to obtain contract-specific long-term and blanket short-term authorizations to import LNG at the Sabine Pass LNG terminal
Filed an application with DOE for a long-term authorization to export compressed natural gas from a proposed project in Florida
Represented ENSTAR Natural Gas Company on multiple proceedings before DOE concerning exports of LNG from the Kenai project in Alaska
Obtained long-term authorization from the DOE for the importation of liquefied natural gas from Trinidad
Represented a power marketer in the negotiation of a unit contingent tolling agreement for an existing generator, where the capacity, energy, and ancillary services were to be sold into the NYISO markets
Represented an existing generator in the negotiation of a firm (LD) tolling agreement, where the capacity and energy were to be sold into the CAISO markets
Represented an existing generator in the negotiation of a financial heat rate call option based on CAISO market pricing
Advised the developer of a biomass-fueled generation facility in connection with the negotiation of a power sales agreement
Advised an investor-owned utility on regulatory issues arising from a joint venture to develop wind power generation facilities
Advised an investor in a wind power generation project being constructed pursuant to a Department of Energy loan guarantee
Represented owners of electric transmission systems in the negotiation of an operating agreement for a regional transmission organization
Drafted commercial agreements for a major power marketer’s retail electricity marketing campaign in California
Drafted and negotiated an electricity and steam supply agreement for a new cogeneration facility serving an industrial facility in California
Negotiated a reliability must-run power sales agreement for a merchant power plant in California
Performed regulatory due diligence for the successful acquisition of a major independent power producer’s domestic generation facilities
Represented an exploration and production company in the negotiations of a gas gathering agreement and gathering system operating agreement governing operations in the Midland Basin
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
Drafted an agreement for the sale of liquefied natural gas outside the territorial waters of the United States
Represented a Brazilian local distribution company in the negotiation of gas supply agreements for power plants being developed pursuant to the Brazilian government’s thermoelectric priority program
Represented the project sponsor in the negotiation of a gas supply agreement for a power plant in Brazil
Represented an international development bank in connection with the negotiation of fuel supply agreements for a project-financed power plant in Mexico
Drafted a water rights contribution agreement in connection with the construction of a natural gas pipeline expansion project in the United States
Represented the project sponsor in the negotiation of gas supply arrangements for inclusion in a bid to develop a power plant in Mexico
Drafted a natural gas pipeline capacity allocation agreement for a project-financed natural gas-fired power plant in Argentina
Represented the project sponsor in the negotiation of a gas transportation agreement for a liquefied natural gas facility in Trinidad
Drafted gas supply and gas transportation agreements for a natural gas transportation and distribution project delivering gas produced in Argentina to markets in Chile
Represented the largest transmission customer as an intervenor in a proceeding under Section 205 of the Federal Power Act to establish formula transmission rates
Represented generators in PJM and ISO New England in proceedings before FERC under Section 205 of the Federal Power Act seeking approval of Reliability Must-Run contracts
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 the project sponsor in defending certificate orders on appeal before the D.C. Circuit
Represented the developer of a high-deliverability, multi-cycle natural gas storage facility in obtaining a certificate of public convenience and necessity from FERC
Represented a developer of a depleted salt dome natural gas storage facility in certificate matters before FERC
Obtained an amendment of a certificate of public convenience and necessity under Section 7 of the Natural Gas Act for a $60 million pipeline expansion project in Nevada; represent project sponsor in defending certificate orders on appeal before the DC Circuit
Represented an importer of liquefied natural gas before FERC as an intervenor in a rate case under Section 4 of the Natural Gas Act
Advised a natural gas pipeline company on compliance with FERC’s marketing affiliate regulations
Advised a natural gas pipeline company transporting Canadian gas into the West on FERC rate and certificate matters
Obtained dismissal of two complaints filed by an electric utility company against a natural gas pipeline company before the FERC alleging undue discrimination under Section 5 of the Natural Gas Act
Represented a solar panel manufacturer in connection with an application for a Department of Energy loan guarantee
Advised the developer of a carbon capture and sequestration project in connection with a Department of Energy grant award
Credentials
- 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)
- Chambers Global, Energy & Natural Resources (USA), 2014–2019; Energy: Electricity (Regulatory & Litigation)(USA), 2014–2024; Energy: Oil & Gas (Regulatory & Litigation)(USA), 2023 and 2024
- Chambers USA, Energy: Electricity (Regulatory & Litigation)(Nationwide), 2007–2024; Energy: Oil & Gas (Regulatory & Litigation)(Nationwide), 2007–2024
- Legal 500 U.S., “Leading Lawyer” in Energy: Regulatory, 2013–2019; Real Estate: Construction, 2019; Energy Regulation: Oil & Gas, 2020–2024; Energy Regulation: Conventional Power, 2019–2022; “Leading Lawyer” in Energy Regulation: Conventional Power, 2019–2022 and 2024
- Expert Guides, Best of the Best USA, Energy and Natural Resources, 2022
- Legal Media Group’s (Euromoney’s) Expert Guide to the World’s Leading Energy and Natural Resource Lawyers, 2016
- The Best Lawyers in America©(BL Rankings, LLC), Energy Law (Washington), 2021–2025
- Selected to the 500 Leading Energy Lawyers, Lawdragon, 2023 and 2024
- Member: Energy Bar Association
- Maryland
- District of Columbia
- CLE EventOctober 9, 2024
- Deals & CasesOctober 3, 2024
- Deals & CasesAugust 21, 2024
- Deals & CasesAugust 21, 2024
- Deals & CasesAugust 21, 2024
- Deals & CasesJuly 22, 2024
- Deals & CasesJune 26, 2024
- Rankings & AwardsJune 12, 2024
- Rankings & AwardsJune 6, 2024
- InsightMay 16, 2024
V&E Energy Update
- Deals & CasesMarch 13, 2024
- Rankings & AwardsFebruary 15, 2024
- InsightJanuary 16, 2024
V&E Energy Update
- Deals & CasesJanuary 11, 2024
- InsightNovember 22, 2023
V&E Energy Update
- InsightNovember 2, 2023
Published by Renewable Energy World
- Rankings & AwardsAugust 21, 2023
- InsightAugust 16, 2023
V&E Energy Update
- InsightJuly 31, 2023
V&E Energy Update
- Rankings & AwardsJune 12, 2023
- InsightJune 6, 2023
- Rankings & AwardsJune 1, 2023
- Rankings & AwardsMarch 17, 2023
- Rankings & AwardsFebruary 16, 2023
- Deals & CasesJanuary 4, 2023
- Deals & CasesNovember 4, 2022
- Deals & CasesOctober 21, 2022
- Deals & CasesSeptember 29, 2022
- Deals & CasesSeptember 29, 2022
- Rankings & AwardsAugust 18, 2022
- Rankings & AwardsJune 16, 2022
- Deals & CasesJune 1, 2022
- Rankings & AwardsJune 1, 2022
- Deals & CasesApril 28, 2022
- InsightApril 26, 2022
- InsightFebruary 17, 2022
- Rankings & AwardsFebruary 17, 2022
- Deals & CasesJanuary 18, 2022
- InsightNovember 16, 2021
V&E Energy Update
- InsightJuly 23, 2021
V&E Energy Update
- Deals & CasesJune 8, 2021
- “EPA Proposal Effectively Directs States to Compel Reduced Operating Hours of Coal Fired Generators in Order to Lower CO2 Emissions,” V&E Climate Change Report, September 2014, Issue 22 (co-author)
- “Federal Energy Regulatory Commission Issues Order No. 1000 – ‘Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities’,” V&E Energy Currents E-Communication, July 28, 2011 (co-authored with Stephen Angle and Megan Davis)