BRIAN S. HESLIN

BRIAN S. HESLIN

Board Member

Brian Heslin is deputy general counsel for Duke Energy, one of the country's largest electric power companies and distributors of natural gas. In addition to his supervisory responsibilities over the company's FERC electric and natural gas areas, Heslin manages state and federal regulatory matters for Duke Energy's local distribution companies, including Piedmont Natural Gas, the power generation fuels group and midstream pipeline investments.
Prior to joining Duke Energy, Heslin was a partner at the law firm, Moore & Van Allen PLLC ("MVA"). At MVA, a significant portion of his practice focused on the representation of companies and public utilities in the natural gas and other regulated energy industries. His representation included regular appearances before state public service commissions and the Federal Energy Regulatory Commission. Heslin also has represented companies involved in the renewable energy sector, which include solar and biogas transactions.

In addition to his experience in the energy industry, Heslin has considerable experience defending clients and corporations under investigation and indictment by state and federal authorities, conducting internal and external investigations, and representing clients in civil matters including allegations of fraud, embezzlement and other civil causes of action. While in private practice, he leveraged his experience as a prosecutor, defense appellate attorney and civil trial attorney to provide his clients with comprehensive counsel in complex and high-exposure situations. He has defended clients and negotiated significant outcomes with regulatory and enforcement agencies such as FERC, CFTC, U.S. Department of Justice, various state and federal prosecutors' offices, and other federal and state agencies.
Heslin is a prolific writer and speaker about the rapidly changing energy sector, particularly on topics including the growing interdependency between natural gas and electric power generation, hydraulic fracturing and natural gas production, natural gas transportation and flow reversals, LNG exports and other industry trends. To see more of his past writing, please visit the MVA Energy Blog.
Prior to his time at MVA, Heslin was a trial attorney with the United States Department of Justice, defending departmental and regulatory federal agencies in various civil matters. In addition, he served as a prosecutor and defense attorney in the United States Army Judge Advocate General's Corps.
Education:

  • B.A., University of Southern California, 1992
  • J.D., George Mason University, 1997
  • Bar & Court Admissions:

  • Virginia, 1997
  • North Carolina, 2005
  • Areas of Practice:

  • Administrative Litigation & Government Enforcement Actions
  • Energy
  • Energy Regulation & Dispute Resolution
  • International Dispute Resolution
  • Litigation
  • Product Liability and Tort Litigation
  • White Collar, Regulatory Defense, and Investigations
  • Speaking Engagements:

    2019
  • Provided two days of FERC Gas 101 training in New Orleans, LA.
  • 2018
  • Presented to Gas Power Conference regarding new FERC Commission and current regulatory issues in the natural gas industry.
  • 2017
  • Moderated panel to Chinese delegation regarding investment opportunities in energy, finance and real estate.
  • Presented Gas Pipeline Transportation and Supply issues to independent power producer; moderated panel discussion regarding industry trends and perspectives.
  • Presented to Gas Power conference on the topics of biogas, recent FERC commissioner nominees and the energy industry under the Trump administration.
  • Provided two days of FERC Gas 101 training in Houston, TX.
  • 2016
  • Presented CLE on natural gas basics to lawyers of major power utility.
  • Master of Ceremony for Public Service Awards luncheon.
  • Provided two days of FERC Gas 101 training in Atlanta, GA.
  • Presented CLE on LDC and FERC regulatory jurisdiction over power generation and natural gas transportation.
  • 2015
  • Provided two days of FERC Gas 101 training in Chicago, IL.
  • Presented on Natural Gas Regulatory Trends: Impacts of Regional Gas Supply and Flow Reversals; moderated panel on industry trends and perspectives.
  • Provided two days of FERC and gas transportation training to major Canadian power utility and gas company in Winnipeg, Ontario.
  • Community:

  • Chairman of Public Service Committee - 2014 to present.
  • Chair of Charlotte Legal Diversity Clerkship program, a community partnership involving primary law firms and legal departments.
  • Participant in Dismantling Racism Workshop.
  • Of Note:

  • Fellow of the Leadership Counsel on Legal Diversity
  • Board Member, CLT Joules
  • Board Member, International House
  • Member, Diversity Law Institute
  • Member, Trial Law Institute
  • Chairman of Moore & Van Allen's Public Service Committee
  • Recognized in the 2009-2018 editions of Benchmark Litigation as a "Future Star"
  • Fellow of the Litigation Counsel of America
  • Former trial attorney, United States Department of Justice
  • Defended federal agencies including the Environmental Protection Agency, Federal Aviation Administration, Department of Interior and Department of Defense
  • Prosecuted over 30 felony trials
  • Worked with representatives of the United Nations and foreign governments to establish a western judicial system in Kosovo
  • Instructor, "Document Retention and Destruction in the Age of Electronic Documents: How Document Retention Impacts Litigation and Business in the Computer Age"
  • Instructor on various topics, including: law of war, international treaties, rules of engagement, electronic document discovery, FERC compliance and enforcement actions
  • Recipient of The President's Volunteer Service Award, 2012
  • Professional Affiliations:

  • President, Mecklenburg County Asian Pacific American Bar Association (MAP-Bar)
  • Energy Bar Association
  • Litigation Counsel of America
  • North Carolina Bar Association
  • Virginia State Bar Association
  • Representative Matters:

  • Lead attorney for a major power utility in a Section 4 rate case, successfully obtained a rate decrease for term of settlement.
  • Lead attorney for interstate pipeline filing of Section 4 rate case before FERC; case involved first increase in rates in twenty years as well as proposed rate design changes.
  • Lead attorney for a local distribution company as a shipper on a FERC-regulated LNG facility.
  • Lead attorney for a multistate local distribution company in a Section 4 rate case involving a mid-west interstate pipeline; served as lead counsel of customer group.
  • Primary FERC and state compliance attorney for interstate pipeline.
  • Represented an interstate pipeline in a self-report to FERC office of enforcement; performed internal inquiry and delivered report to FERC; ultimately obtained a no action result.
  • Represent a power utility in directed biogas transportation negotiation and compliance issue.
  • Lead attorney for a local distribution company in a Section 4 rate case involving an east coast interstate pipeline.
  • Provide primary FERC compliance training and advice to major power utilities and local distribution companies.
  • Represent local distribution company in state proceeding involving natural gas vehicles.
  • Lead attorney for a local distribution company in a highly contested FERC Section 4 rate case involving a southern interstate pipeline; drafted and presented responsive testimony; ultimately obtained a beneficial settlement.
  • Represent local distribution company in state proceeding involving merger with power utility.
  • Defended mortgage company in major mortgage fraud investigation and prosecution involving U.S. Attorney's Office.
  • Represented several international companies involved in FCPA allegations relating to business dealings in Mexico, Central and South America.
  • Defended individual in mortgage fraud prosecution and sentencing.
  • Defended individual charged with over 200 counts of criminal fraud over multiple county jurisdictions; obtained a beneficial plea with no incarceration.
  • Represented international school system in multiple states involving various criminal and civil allegations; representation resulted in no criminal charges being filed and beneficial disposition of issues.
  • Represented local distribution company in multiple state rate case in various jurisdictions.
  • Lead attorney for major international defense contractor from allegations of trade secret violations; successfully obtained beneficial settlement after extensive litigation.
  • Lead attorney for a multistate local distribution company in a contested abandonment proceeding; negotiated beneficial settlement.
  • Represented natural gas marketing and trading company in high stakes FERC investigation; conducted investigation and presented findings to agency; ultimately obtained settlement for client.
  • Lead attorney for a natural gas distribution company relating to EPA investigation; obtained a result of no agency action.
  • Provide FERC compliance training for independent power producer.
  • Provided advice relating to transaction involving North Carolina solar company.
  • Represent independent power producer in pre-filed settlement proceeding of major eastern interstate pipeline.
  • Represented local distribution company in FERC investigation involving natural gas capacity violations.
  • Represented national fiber company in contested litigation and allegations involving potential crimes; successfully obtained beneficial disposition and settlement.
  • Represented major bank in international investigation; conducted investigation and reported findings to federal agency.
  • Represented major bank in domestic investigation; conducted investigation and reported findings.
  • Represented local distribution company in Section 4 rate case involving interstate pipeline in Colorado and Wyoming.
  • Prosecuted over 30 felony trials.
  • Defended federal agencies including the Environmental Protection Agency, Federal Aviation Administration, Department of Interior and Department of Defense.
  • Worked with representatives of the United Nations and foreign governments to establish a western judicial system in Kosovo.
  • Heslin tried a fully contested jury trial in the federal district court of the District of Columbia. Heslin and his trial team defended an individual charged with conspiracy to commit major fraud upon the U.S., as well as charges of wire fraud and major fraud. Heslin's client, a 22-year veteran of U.S. Army Special Forces, served as an operations manager of a private security company that provided security services to civilian engineers in Afghanistan under USAID's infrastructure rebuilding efforts from 2003 and 2007. The case was prosecuted by the Procurement Fraud Section of the United States Department of Justice and the U.S. Attorney's Office for the District of Columbia with support of the FBI and USAID Office of Inspector General. After two days of deliberation, the jury remained locked at 10-2 in favor of not guilty and the judge declared a mistrial. Shortly thereafter, the prosecutors voluntarily dismissed all charges with prejudice.