Maria Mercedes Seidler
PROFESSIONAL PROFILE
Professional Background: I have spent twenty five years building legal and business expertise with six major energy companies (The Williams Companies, Esco Energy Company, Cinergy, Ameren Energy Company, Northeast Utilities and most recently, Dominion Resources, Inc.) and a D.C. law firm, (Wright and Talisman). I gained experience in diverse geographic gas and electric markets (Northeast, Midwest, Mid-Atlantic) as well as insight into the dynamics of policy in Washington D.C. I supported the transformation of natural gas and electric power to competitive markets in proceedings before the Federal Energy Regulatory Commission. Later, I sat on trade floors as the front-line transactional lawyer in energy trading markets that had evolved from such regulatory restructuring efforts. I gained further policy insights on state policy impacted by restructured markets while working as a private practitioner with Kansas farmers on energy issues, with Kansas legislators, with Kansas and Oklahoma Corporation Commissioners, and with various producer groups, including American Petroleum Institute, Oklahoma Independent Producer Associations, Kansas Independent Oil and Gas Association, Arkansas Royalty Members. My career evidences leadership in working with a policy team to integrate economics, technology/science and law into a policy advocacy/decision-making strategy that support business objectives. Affirmation of my leadership role by the energy bar and industry is indicated by numerous publications, public presentations and affiliations, a list of which is also included with this Profile and Resume, as well as currently serving as fellow and advisor to the Crisis and Energy Market, a think tank located in Washington, D.C.
Academic Summary: In addition to my Masters in Environmental Management from Yale University’s School of Forestry and Environmental Studies, I earned my J.D. from the University of Tulsa, OK, and became a member of the Oklahoma Bar in 1987. Specifics of my law school career include:
Class Rank: Upper 25%; Honors: John Rogers Scholarship; Articles Editor of Energy Law Journal; Judicial Internship with U.S. Bankruptcy Court of the Northern District of Oklahoma; assistant to Professor John Lowe re: 2nd ed. of Oil and Gas in a Nutshell; and SBA Student Representative to Curriculum Committee.
I have a Masters in English from Pittsburg State University, KS and completed my course requirements (36 credit hours) toward a Ph.D. in Modern Letters at the University of Tulsa, OK. I served as a teaching assistant while in both the masters and Ph.D. programs. I earned my B.A. from Missouri Southern State University, where my honors include Phi Theta Kappa.
I taught Regulatory Advocacy as an adjunct professor at the University of Tulsa College of Law. Other teaching experience includes Freshman Composition, Business Communications and English as A Second Language at various colleges, including University of Tulsa, Missouri Southern State University, Tulsa Community College, Pittsburg State University, and Spartan School of Aeronautics.
Maria Mercedes Seidler
Curriculum Vitae
LEGAL EXPERIENCE
Crisis and Energy Markets, a think tank, (2006 – 2009)
Advisor and Fellow
CAEM is a tax-exempt think-tank under section 501(c)(3) of the IRS Code. CAEM is not aligned with any special interest and endeavors to be non-partisan. Its mission is to study energy markets to assess their effectiveness and to analyze government actions to evaluate whether its action would result in better or worse functioning of energy markets. I advise the Executive Director on energy and environmental policy positions and serve as chief editor on CAEM publications and articles.
Dominion Resources, Inc., Richmond VA (December 2007 – Present)
Senior Counsel
- Supported the trading and marketing activities of both its deregulated and regulated subsidiaries, as follows:
- Oversaw and performed legal review and negotiations of power sales and purchase agreements including forms of International Swap Dealers Association, Inc. (ISDA) and Edison Electric Institute (EEI) Master Agreements, and (ii) credit support and netting agreements; and
- Provided legal support in the development and negotiations of purchase and sales agreements for renewable energy credits for states within both the PJM and NEPOOL regions and for greenhouse gas credits within states participating in Regional Greenhouse Gas Initiatives; in obtaining certificates of projects for renewable energy credits; and other forms of services supporting Dominion’s Greenhouse Gas Initiatives and its Alternative Energy Services Group.
Private Practice/Energy Consultant, (2004 – present)
- Regulatory and legislative consultant to Kansas rural customers, agricultural communities and non-profit farming utilities on supply and pipeline access issues, including assisting their representation on Access Task Force established by Kansas Corporation Commission (KCC) Staff; advising as to state legislative strategy and testifying before the Kansas Legislature. Work resulted in enactment of 2007 legislation providing open access on gathering systems for farmers and a regulatory complaint procedure for denials of access.
- Contract negotiations and review of gas purchase and sales contracts for non-profit utilities and various producers. Limited client representation while in Yale FES Masters program.
Northeast Utilities, Hartford, CT (April 2002 – May 2004)
Senior Counsel
- Supported the trading and marketing activities of its deregulated subsidiary, Select Energy, Inc. and Select Energy New York, as follows:
Drafted gas and power purchase and sales contracts and energy management service agreements, and reviewed power supply contracts for RFPs issued by various utilities and municipalities;
Oversaw and performed legal review and negotiations of (i) power sales and purchase agreements including forms of International Swap Dealers Association, Inc. (ISDA) and Edison Electric Institute (EEI) Master Agreements, (ii) credit support and netting agreements, and (iii) gas sales and
purchase agreements including forms of the North American Energy Standards Board, Inc. (NAESB);
Provided legal support to credit management in administration of credit rights under power sales contracts for financially distressed counterparties, including managing Enron/Select litigation in the Bankruptcy Court and negotiating and monitoring bankruptcy status of a pre-petition agreement providing over-collateralization and a priority status in the Mirant Bankruptcy;
Provided review and analysis of Standard Market Design’s impact on existing power supply contracts in New England; and
Drafted minor state regulatory filings in individual proceedings affecting suppliers’ service to utilities for standard offer and provider-of-last-resort retail services.
Ameren Energy, Inc., St. Louis, MO (September 1999 – March 2002)
Counsel
- Supported the trading operations of Ameren Energy, Inc. (AE) on behalf of the utility subsidiaries of Ameren Corporation and its exempt wholesale generator (EWG), Ameren Energy Generating Company, and the marketing activities of its affiliate, Ameren Energy Marketing Company (AEM) as follows:
Drafted and reviewed power sales and purchase agreements including forms of ISDAs and EEI Master Agreements;
Implemented federal and state codes of conduct and advised as to on-going codes of conduct issues applicable to AE and AEM;
Reviewed FERC rulemakings and orders relative to gas and electric power matters, including Order No. 2000, RTO development, particularly the Alliance RTO; OASIS business practices; and gas policy issues under Order Nos. 637 and other PL-proceedings; and
Assisted in filings and advised as to state registration as an alternative retail electric supplier under Illinois retail choice legislation.
- Sole Attorney for AE; reported to the President of Ameren Energy, Inc.; sat on the trading floor.
Cinergy Corporation, Cincinnati, OH, (Feb. 1999 – September 1999)
Senior Regulatory Specialist
- Supported commercial operations of the Energy Commodities Business Unit (ECBU) as follows:
Reviewed rulemakings and orders relative to both gas and electric power matters;
Assessed business impacts of FERC initiatives and utilities’ tariff revisions;
Developed and drafted ECBU’s responses to FERC initiatives and policies that are ultimately incorporated into Cinergy Corporation’s FERC filings; and
Provided ECBU preliminary contract review and interpretation relative to the implementation and administration of general terms and conditions of ECBU’s power sales agreements.
Private Practice/Energy Consultant, Tulsa, OK (1993 – 1999)
- Monitored electric restructuring initiatives and regulatory activities, and provide analysis on federal and state electric restructuring with regard to proceedings in OK, TX, KS and CA including FERC Order No. 888 that deregulated and unbundled wholesales of electric power; and state legislative and commission hearings on proposed legislation to provide retail choice for electric power sales.
- Provided antitrust opinions on natural gas gathering facilities, activities and services.
- Prepared extensive legal memoranda on statutory and administrative history of federal oil and gas royalty valuation in preparation for legislative hearings and administrative rulemaking proceedings.
- Represented independent gas producers and related associations in litigation associated with FERC Order No. 636’s restructuring of the natural gas industry and the deregulation of pipeline gathering in FERC spin-down proceedings and in appeals of FERC gathering orders.
- Lead counsel and co-counsel before Court of Appeals in Conoco, Inc. v. FERC, 90 F.3rd 536 (D.C. Cir. 1996); and First National Oil, Inc. v. FERC, 102 F. 3rd 1094 (10th Cir. 1996).
- Provided consultative services related to jurisdictional status of storage projects and FERC Section 311 filings for market- based storage rates.
- Participated in legislative/state commission hearings on gas gathering and transportation; advised Kansas agricultural non-profits utilities and other agricultural groups and assisted in drafting proposed open access gathering legislation.
- Testified as an expert witness on behalf of municipalities pertaining to prudency of gas contracts and provided expert testimony on jurisdictional issues.
- Reviewed and drafted contracts for gas sales, gathering, processing, transportation and storage; provided UCC analysis on oil and gas sales contracts.
- Interfaced with producer associations including
Independent Petroleum Association of America (IPAA)
Arkansas Royalty Membership (ARM)
Oklahoma Independent Producers Association (OIPA)
- Identified and advised clients as to potential business opportunities in unregulated activities arising from regulatory initiatives.
Esco Energy, Inc., Tulsa, OK (1989-1993)
Associate General Counsel
- Litigated FERC cases and provided advice as to federal regulatory policies’ impact on company’s business, particularly during the natural gas industry’s transition to competitive markets spurred by FERC’s restructuring under Order No. 436, 636 and its code of conduct rulemakings; reviewed gas sales, purchase and transportation contracts for Vesta Energy Company, ESCO’s marketing subsidiary; and provided regulatory and corporate services to Omega Pipeline Company, the holding company for Missouri Gas Company, a Hinshaw pipeline exempt from federal regulation, and advised Pipeline as to pipeline authority and jurisdictional issues.
Wright & Talisman, P.C., Washington, D.C. (1987 – 1989)
Associate
- Represented natural gas pipelines (Williams Natural Gas Co., Northwest Pipeline Co., Tennessee Gas Pipeline Co., et. al.) before the FERC and the U.S. Court of Appeals.
Williams Natural Gas Company, Tulsa, OK (1985 – 1986)
Contract Coordinator
- Drafted marketing and transportation contracts and coordinated management and legal approval of contracts; and reviewed third-party documents for marketing objectives and legal compliance with UCC and other applicable federal regulations and laws, particularly regulations adopted for open access transportation under FERC Order No. 436.
D. Gregory Bledsoe / Employment Law, Tulsa, OK (Summer 1984)
Law Clerk
TEACHING EXPERIENCE
University of Tulsa College of Law, Tulsa, OK (1992)
Adjunct Professor – Regulatory Advocacy Course emphasizing advocacy skills and drafting regulatory pleadings, while reviewing basics of Administrative Law.
Tulsa Community College, Tulsa, OK (1984)
Adjunct Professor – Composition
Spartan School of Aeronautics, Tulsa, OK (1982-1983)
Instructor – Composition and English as a Second Language; tutored in Writing and Language Labs.
Missouri Southern State College, Joplin, MO (1976)
Adjunct Professor – Composition
EDUCATION
University of Tulsa, Tulsa, OK (J.D.1987; Ph.D. course work, 1978-1980)
College of Law. Honors: John Rogers Scholarship; Articles Editor of Energy Law Journal; Judicial Internship with U.S. Bankruptcy Court of the Northern District of Oklahoma; Assistant to Professor John Lowe re: 2nd edition of Oil and Gas in a Nutshell; and SBA student representative on Faculty Curriculum Committee.
Moderns Letters. ABD – 36 hours completed toward Ph.D. Honors: Teaching Assistant in Composition, Business Communications and Technical Writing and tutored in Writing Center.
Pittsburg State University, Pittsburg, KS (1977)
M.A., English. Honors: Teaching Assistant in Composition and instructed in Writing Center.
Missouri Southern State College, Joplin, MO (1975)
B.A., English. Honors: Phi Theta Kappa.
PROFESSIONAL AFFILIATIONS
American Bar Association, Section on Natural Resources and Environmental Law (SONREEL)
- Chair, Special Committee on Corporate Counsel
- Vice Chairperson, Natural Gas Marketing/Transportation Committee
Oklahoma Bar Association, Mineral Law Section
- Chair, Vice Chair, Secretary and Budget Director
Federal Energy Bar Association
Oklahoma Intrastate Pipeline Lawyers Group
PUBLICATIONS & PROFESSIONAL PRESENTATIONS
Rocky Mountain Mineral Law Institute, 44th Edition, “What’s In A Name…Gathering or Transmission.”
Oil & Gas Law and Taxation Review, “What’s In A Name…Gathering or Transmission.”
Energy Law Journal, “Regulation of Gathering in a Federal Regime,” co-authored with Oklahoma Corporation Commissioner Cody Graves.
1992 Natural Gas Yearbook, Section – Federal Regulatory Policies’ Impact on Producers; Executive Enterprise Publications Co., Inc.
“FERC, the Basics: An Introductory Seminar to FERC Practice and Procedures,” Course Handbook, published by Section of Natural Resources, Energy and Environmental Law (SONREEL) Section of ABA.
“Managing Trading Operations When Using EEI-NEM Master Contract,” Power Marketing Transactions, Using the EEI/NEM Mast Contract from Deal to Payment, EEI Conference, New York, NY.
“Natural Gas Gathering: Life After Deregulation,” Conference on Consumer Finance Law, Tulsa, OK.
“Electric Power Restructuring: A Recapitulation,” Energy Advocates, Tulsa, OK.
“Electric Deregulation and Its Impact on the Natural Gas Industry,” Tulsa County Landsman Association.
DOE/NARUC Conference, panelist on State and Federal Gathering Policy Panel, with FERC Commissioner Don Santa and Oklahoma Corporation Commissioner Bob Anthony, Orlando FL.
“Natural Gas Gathering,” GASCHOOL, Houston, TX and Tulsa OK
“Operational Impact of Order No. 636 on Producers,” The Petroleum Landsman’s Association of Oklahoma.
“Review of Order No. 636 Series,” Fourth Annual Oil and Gas Seminar; the Petroleum Landsman Association of New Orleans, Breckenridge, CO.
“Review of Order No. 636,” Petroleum Accountant Societies of Oklahoma’s Annual Seminar.
Brown Bag Luncheon Presentation on Order No. 636, SONREEL Section of the ABA and the New Orleans Chapter of the Federal Energy Bar Association, New Orleans, LA.
Guest Lecturer, Advanced Natural Gas Contracts Seminar, University of Tulsa Law School, four lectures on federal jurisdiction under the Natural Gas Act and regulatory developments at the FERC.
Natural Gas Contract Seminar, Gas Daily, Tulsa, OK.
“Oil & Gas Litigation Issues in the 1990s for the Oklahoma Practitioner: The Effect of Litigation on Federal Regulatory Policy,” Oklahoma Bar Association.
Natural Gas Symposium, “Marketers’ Shootout: Majors, Affiliates, and Independents,” Women’s Technical Conference, Inc. and Energy Decisions, Inc., Houston, TX.
The following Natural Gas Conferences sponsored by the National Energy Law and Policy Institute (NELPI) and University of Tulsa College of Law (for which I also assisted in the development of topics):
Fifth Natural Gas Conference, “How to Survive (and Even Prosper) in the 1990s Gas Market;” Sixth Natural Gas Conference, “New Natural Gas Industry;” Eighth Natural Gas Conference; and Natural Gas Conference.
Also developed “FERC, the Basics: An Introductory Seminar to FERC Practice and Procedures,” sponsored by SONREEL annually for three years with speakers including former FERC Commissioners Charles Stalon and Don Santa, and DOE’s Linda Stuntz. Chaired panel “Hot Tips from Regulators in Energy Law,” featuring former Commissioner James Hoecker at SONREEL Annual Meeting, 1993, Ashville, NC.