UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
NOTICE OF APPEARANCE AND DESIGNATION OF LEAD COUNSEL ON BEHALF OF RIDGELINE MIDSTREAM SERVICES LLC
Filed: May 12, 2022
Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006
I. INTRODUCTION AND FILING PARTY IDENTIFICATION
Pursuant to Rule 2101 of the Commission's Rules of Practice and Procedure, 18 C.F.R. § 385.2101, and the applicable provisions of the Commission's regulations governing appearances before the Federal Energy Regulatory Commission ("Commission" or "FERC"), the undersigned hereby submits this Notice of Appearance and Designation of Lead Counsel on behalf of Ridgeline Midstream Services LLC ("Ridgeline" or "Applicant") in the above-captioned proceedings.
Ridgeline Midstream Services LLC is a limited liability company duly organized and existing under the laws of the State of Delaware, with its principal office and place of business located at 700 Kanawha Boulevard East, Suite 1400, Charleston, West Virginia 25301. Ridgeline's registered agent for service of process in the State of Delaware is Capitol Filings Inc., located at 1209 Orange Street, Wilmington, Delaware 19801. Ridgeline's Employer Identification Number ("EIN") is 87-4231956. Ridgeline's FERC Code is 960442.
Ridgeline is the sole applicant in the above-captioned proceedings. These proceedings concern: (i) the application for an initial tariff rate for interstate natural gas transportation service on the Ridgeline Pipeline System, filed pursuant to Sections 4 and 7 of the Natural Gas Act ("NGA"), 15 U.S.C. §§ 717c and 717f, and the Commission's regulations at 18 C.F.R. Parts 154, 157, and 284; and (ii) the application for authorization of a physical interconnection between the Ridgeline Pipeline System and the existing interstate pipeline facilities of Appalachian Trunk Pipeline Company, LLC ("ATPC").
Ridgeline is a wholly owned subsidiary of Dunmore Energy Holdings Ltd. ("DEH"), an exempted limited company organized under the laws of the Cayman Islands, Cayman Registry No. CR-381204, with its registered address at 4th Floor, Harbour Place, 103 South Church Street, George Town, Grand Cayman KY1-1002, Cayman Islands. DEH is the sole member of Ridgeline and holds one hundred percent (100%) of the membership interests in Ridgeline.
II. DESIGNATION OF LEAD COUNSEL
Ridgeline hereby designates the following individual as lead counsel in these proceedings:
George Trujillo Responsible Partner, Energy & Infrastructure Practice Group Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4500 Facsimile: (202) 661-4501
Email: gtrujillo@calderwoodharkness.com
Mr. Trujillo is a member in good standing of the bars of the District of Columbia and the State of Virginia, and is admitted to practice before the Federal Energy Regulatory Commission. Mr. Trujillo is authorized to act on behalf of Ridgeline in all matters arising in Docket Nos. RP22-847-000 and RP22-847-001, including but not limited to the filing of pleadings, motions, testimony, exhibits, discovery requests and responses, settlement communications and offers, stipulations, and any and all other documents or submissions that may be required or appropriate in connection with these proceedings. Mr. Trujillo is further authorized to receive and accept service of all filings, orders, notices, and correspondence on behalf of Ridgeline.
All communications, filings, correspondence, orders, notices, and other documents in these proceedings should be served upon and directed to Mr. Trujillo as lead counsel at the address set forth above. Ridgeline respectfully requests that the Commission and all parties to these proceedings direct all service and communications to lead counsel in the first instance.
The Calderwood & Harkness LLP internal matter reference for this engagement is C&H Matter No. 1016-00005.
III. DESIGNATION OF ADDITIONAL COUNSEL
In addition to the designation of lead counsel set forth in Section II above, the following attorneys of Calderwood & Harkness LLP are hereby designated as additional counsel authorized to appear and participate on behalf of Ridgeline Midstream Services LLC in these proceedings:
A. Brett Callahan
Brett Callahan Lead Associate, Energy & Infrastructure Practice Group Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4518 Facsimile: (202) 661-4501
Email: bcallahan@calderwoodharkness.com
Mr. Callahan is a member in good standing of the bar of the District of Columbia and is admitted to practice before the Federal Energy Regulatory Commission.
B. David Stanton
David Stanton Working Associate, Energy & Infrastructure Practice Group Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4527 Facsimile: (202) 661-4501
Email: dstanton@calderwoodharkness.com
Mr. Stanton is a member in good standing of the bar of the Commonwealth of Virginia and is admitted to practice before the Federal Energy Regulatory Commission.
Each of the above-named additional counsel is authorized to appear before the Commission, sign pleadings and other filings, present oral and written argument, examine and cross-examine witnesses, participate in settlement conferences and negotiations, and otherwise participate in all phases and aspects of these proceedings on behalf of Ridgeline Midstream Services LLC. The designation of additional counsel is without limitation to the authority of lead counsel as set forth in Section II above, and the authority of each additional counsel is coextensive with that of lead counsel, except that service of documents and official communications should be directed to lead counsel in the first instance as provided herein.
IV. BILLING PARTNER DISCLOSURE
Ridgeline Midstream Services LLC and Calderwood & Harkness LLP hereby disclose the following information regarding the billing arrangement for this engagement, in the interest of full transparency before the Commission:
Patricia Dunmore, a partner at Calderwood & Harkness LLP, serves as the billing partner on this engagement. Ms. Dunmore is a member of the firm's Energy & Infrastructure Practice Group and its Management Committee.
Ms. Dunmore is also the Founder, Chairperson, and controlling shareholder of Dunmore Energy Holdings Ltd. ("DEH"), which, as noted in Section I above, is the sole member and one hundred percent (100%) owner of Ridgeline Midstream Services LLC. Ms. Dunmore holds approximately seventy-two percent (72%) of the outstanding equity interests of DEH.
This dual role — as a partner of counsel of record to Ridgeline and as the controlling shareholder of Ridgeline's sole parent entity — has been fully disclosed to all relevant parties. Appropriate conflict waivers and informed consents have been obtained from Ridgeline, from DEH, and from Calderwood & Harkness LLP, in full compliance with the applicable Rules of Professional Conduct, including Rule 1.7 (Conflict of Interest — Current Clients) and Rule 1.8 (Conflict of Interest — Current Clients — Specific Rules) of the District of Columbia Rules of Professional Conduct, as well as Rule 1.0(e) (Informed Consent) thereof. Copies of such waivers and consents are maintained in the engagement files of Calderwood & Harkness LLP and are available for review by the Commission upon request.
Notwithstanding her role as billing partner, Ms. Dunmore is not designated as counsel of record in these proceedings. Ms. Dunmore will not make appearances before the Commission in this matter, will not sign any pleadings or filings submitted in these dockets, and will not participate in any hearings, settlement conferences, or other proceedings before the Commission or its staff in connection with Docket Nos. RP22-847-000 or RP22-847-001. Ms. Dunmore's role is limited to the internal administrative and billing functions customary for a billing partner at Calderwood & Harkness LLP.
V. DESCRIPTION OF PROCEEDINGS
These proceedings concern the following applications filed by Ridgeline Midstream Services LLC before the Federal Energy Regulatory Commission:
Docket No. RP22-847-000 — Application for Initial Tariff Rate. This docket involves the application of Ridgeline Midstream Services LLC for approval of an initial tariff rate for interstate natural gas transportation service on the Ridgeline Pipeline System, pursuant to Section 4 of the Natural Gas Act, 15 U.S.C. § 717c, and Part 154 of the Commission's regulations, 18 C.F.R. Part 154. In this application, Ridgeline proposes to establish its FERC Gas Tariff, Original Volume No. 1, setting forth the terms, conditions, and rates applicable to open-access interstate transportation service provided by Ridgeline on the Ridgeline Pipeline System. The proposed tariff provides for firm and interruptible transportation service under Subpart G of Part 284 of the Commission's regulations, 18 C.F.R. Part 284, Subpart G, and includes the applicable rate schedules, general terms and conditions, and form of service agreement for shippers on the Ridgeline Pipeline System. The initial tariff rate has been developed on the basis of a cost-of-service study and is supported by the testimony and exhibits filed concurrently with the application.
Docket No. RP22-847-001 — Application for Interconnection Authorization. This docket involves the application of Ridgeline Midstream Services LLC for authorization of a physical interconnection between the Ridgeline Pipeline System and the existing interstate pipeline network of Appalachian Trunk Pipeline Company, LLC ("ATPC") (FERC Code: 840117), pursuant to Section 7 of the Natural Gas Act, 15 U.S.C. § 717f, and Part 157 of the Commission's regulations, 18 C.F.R. Part 157. The proposed interconnection will be located at the Wetzel County Interconnect, in Wetzel County, West Virginia. The interconnection will enable the delivery of natural gas from the Ridgeline Pipeline System into the ATPC system for further downstream transportation and delivery. The application includes all required engineering data, environmental information, construction plans, and operational specifications for the proposed interconnection facilities, as set forth in the supporting materials filed concurrently herewith.
The applications in both dockets were filed concurrently with this Notice of Appearance on May 12, 2022, through the Commission's eFiling system.
VI. SERVICE LIST INFORMATION
Ridgeline Midstream Services LLC respectfully requests that the following individuals and addresses be included on the official service list maintained by the Secretary of the Commission for these proceedings:
Lead Counsel (Person Designated for Service):
George Trujillo Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4500 Facsimile: (202) 661-4501
Email: gtrujillo@calderwoodharkness.com
Additional Counsel:
Brett Callahan Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4518 Facsimile: (202) 661-4501
Email: bcallahan@calderwoodharkness.com
David Stanton Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4527 Facsimile: (202) 661-4501
Email: dstanton@calderwoodharkness.com
Client Contact:
James K. Winfield Chief Executive Officer & President Ridgeline Midstream Services LLC 700 Kanawha Boulevard East, Suite 1400 Charleston, WV 25301 Telephone: (304) 555-7800 Facsimile: (304) 555-7801
Email: jwinfield@ridgelinemidstream.com
All pleadings, notices, orders, and other official communications in Docket Nos. RP22-847-000 and RP22-847-001 should be directed to lead counsel, George Trujillo, at the address and email set forth above. Ridgeline requests that electronic service be made to all counsel and the client contact listed above, to the extent practicable and consistent with the Commission's rules and regulations governing service.
VII. CONCLUSION
Ridgeline Midstream Services LLC respectfully submits this Notice of Appearance and Designation of Lead Counsel and requests that the Commission accept this filing and place the above-identified individuals on the official service list for Docket Nos. RP22-847-000 and RP22-847-001.
Respectfully submitted,
CALDERWOOD & HARKNESS LLP
By: ________
George Trujillo Responsible Partner Energy & Infrastructure Practice Group Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4500 Facsimile: (202) 661-4501
Email: gtrujillo@calderwoodharkness.com
Lead Counsel for Ridgeline Midstream Services LLC
Date: May 12, 2022
CERTIFICATE OF SERVICE
I hereby certify that, on this 12th day of May, 2022, a true and correct copy of the foregoing Notice of Appearance and Designation of Lead Counsel on Behalf of Ridgeline Midstream Services LLC was served upon the following:
The Honorable Kimberly D. Bose Secretary Federal Energy Regulatory Commission 888 First Street NE Washington, DC 20426
and upon all parties on the official service list in Docket Nos. RP22-847-000 and RP22-847-001, by electronic filing through the Commission's eFiling system in accordance with the Commission's regulations at 18 C.F.R. § 385.2010 and the Commission's instructions for electronic filing. For any party on the official service list not registered to receive electronic service through the Commission's eFiling system, a copy of the foregoing was served by first-class United States mail, postage prepaid, to the address of record for such party as reflected on the official service list.
________________________________________
Brett Callahan Lead Associate Energy & Infrastructure Practice Group Calderwood & Harkness LLP 1601 K Street NW, Suite 900 Washington, DC 20006 Telephone: (202) 661-4518
Email: bcallahan@calderwoodharkness.com
On behalf of Calderwood & Harkness LLP, Counsel for Ridgeline Midstream Services LLC
Date: May 12, 2022
Ridgeline Midstream Services LLC
Docket No. RP22-847-001