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IN-HOUSE COUNSEL: David K. Moynihan, Portland Natural Gas Transmission System, Portsmouth, N.H. TITLE: General counsel and acting president. AGE: 42 THE ORGANIZATION:Portland Natural Gas Transmission System (PNGTS) is a new interstate, high-pressure, natural gas pipeline company providing the mode of transportation for natural gas for use by gas utilities, paper mills, power generation facilities and other businesses throughout New England and the northeast. LEGAL BACKGROUND:Moynihan graduated from the California Western School of Law in San Diego in 1983. His legal background is in real estate law with an emphasis in commercial and residential construction. Beginning in 1990, he worked for nine years for Cummings Properties, a property management firm in Woburn, Mass., focusing on lease and property acquisition. Before Cummings, Moynihan served as general counsel for Nashua, N.H.-based Bradgate Associates, the second largest homebuilder in the northeast. His responsibilities included overseeing project financing and property acquisition. He has been with PNGTS since May 1999. He is licensed to practice law in Massachusetts. LONG STRETCH: The company owns and operates a 150-mile, 24-inch diameter pipe that runs from Quebec, Canada, to Westbrook, Maine. PNGTS is also part-owner of a 100-mile, 30-inch diameter pipe that runs from Westbrook to Dracut, Mass., where it interconnects with the Tennessee Gas Pipeline System. The cost of the two pipelines is more than $400 million. The two pipelines began operating in February and March of 1999. The company doesn’t sell the gas, but rather serves as the “mode of transportation” to get it to the dozens of businesses, such as the Mead Paper Mill plant in New Hampshire, that count on natural gas to function, Moynihan said. An analogy would be if PNGTS owned the Massachusetts Turnpike and served as the toll-takers for all the vehicles that used the roadway, he said. The company charges rates based on the volume per 1,000 cubic feet. “We’re the main artery for bringing down gas,” he said. “We’re like a big, major interstate highway.” WEARS MANY HARD HATS: As general counsel and acting president, Moynihan has a hand in every aspect of the 31-employee company, including marketing and business development. Since the Federal Energy Regulatory Commission (FERC) regulates interstate natural gas businesses, his responsibilities include reviewing FERC orders of compliance with the project. Moynihan reviews the company’s bi-weekly reports to FERC. He is also involved in making sure that contractors from the project have met all their requirements. In addition, he handles legal disputes with contractors on the projects. ENERGY & REGULATORY LAW: Moynihan sees this area of law changing rapidly, and, as such, it can be an attractive practice area for lawyers. Increasingly, gas and electric companies are merging, providing lawyers with an opportunity to handle the legal parameters of such a venture, including negotiating contracts between the two industries, he said. The FERC requirements also need a legal eye to meet compliance with operating one of these businesses. “I was at the right place at the right time,” he said. OUTSIDE HELP: His company uses three Boston law firms for outside legal counsel. Hinckley, Allen & Snyder handles the company’s construction claims when contractors have disputes related to the project, particularly compensation claims. Foley, Hoag & Eliot takes on some of the general civil litigation including contract disputes with suppliers and disagreement over ownership of some of the pipeline. Rich, May, Bilodeau & Flaherty handle right of way and eminent domain disputes. FAMILY: Moynihan lives in Ipswich, Mass., with his wife, Maria, a labor and employment partner at Hinckley, Allen & Snyder in Boston. HE SAID IT: “We are transitioning from a construction company to just completing hundreds of millions of dollars worth of construction with 3,000 workers … into a truly operating company. This is a very, very fast paced environment. While you’re dealing with a contractor issue, maybe they didn’t finish part of the job properly or there is a question about it, the next second you’re dealing with a customer looking for sign-up service. You’re flipping from one hat to another, literally, on a minute basis.”

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