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Dr. Arthur has more than 15 years of consulting and litigation experience in the natural gas, natural gas liquids, and petroleum industries.

He specializes in the analysis of antitrust and market power, ratemaking and regulatory policy, and commercial litigation. He has testified before the Federal Energy Regulatory Commission, state public utility commissions, and federal courts.

With respect to antitrust and market power issues, Dr. Arthur has testified regarding the evaluation of market-based rates, as well as issues related to the determination of a competitive price, the evaluation of competitive alternatives, damages calculations, and the allocation of settlements for different consumer classes. He has also testified in several regulatory ratemaking proceedings regarding cost of service issues and reasonable allocations of costs, and assists clients regarding rate design issues on varying portions of a system and for differing customers.

In addition to providing testimony, Dr. Arthur frequently provides litigation support, including providing advice on regulatory matters, assistance with discovery, cross-examination regarding economic and technical industry issues, and preparation of briefs.

Prior to joining The Brattle Group in 1997, Dr. Arthur worked at Indiana University, where he performed research in the healthcare industry.

Representative Engagements
Damages analysis related to anti-competitive behavior in the natural gas transportation market
As the result of a settlement in a civil antitrust case, assessed the damages to entities consuming natural gas and electricity due to anti-competitive behavior in the natural gas transportation market. These damage estimates were performed at the class and individual entity level for numerous types of consumers and were used as the basis for the division of over $1 billion in settlement funds.
Testimony analyzing market power in the petroleum industry
On behalf of an oil refiner, presented testimony before the Federal Energy Regulatory Commission analyzing the market power held by a refined petroleum products pipeline seeking market based rates. Analysis focused on the competitiveness of alternatives to the pipeline from the refiner’s perspective and the ability of the pipeline to increase prices in its destination markets. This analysis focused on the competitiveness of several geographic markets as well as how contracting between entities affected the substitutability of alternatives in the market.
Ratemaking proceedings for crude oil, refined petroleum products, natural gas, and LNG pipelines
Participated in several ratemaking proceedings in which areas of analysis included: Rate Base Determination, Income Tax Allowance, Allocation of Unallocated Overhead Expenses to the Regulated Pipeline, Rate Design, Volume Level for Going-Forward Rates, and Analysis of Changed Circumstances.
Testimony
Before the California Public Utilities Commission, Application of SFPP, L.P. on behalf of Chevron Products Company, Phillips 66 Company, Southwest Airlines Company, Ultramar Inc., and Valero Marketing & Supply Company, Application No. 12-01-015
November 2012, February 2013, April 2013
Before the Federal Energy Regulatory Commission, Seaway Crude Pipeline Company LLC, on behalf of Suncor Energy Marketing, Inc., Canadian Natural Resources Limited, and Denbury Onshore LLC, Docket No. IS12-226-000
April 2012, October 2012
Before the Federal Energy Regulatory Commission, Enterprise TE Products Pipeline Company LLC, on behalf of National Propane Gas Association et al., Chevron Products Company, CHS, Inc., HWRT Oil Company LLC, and Truman Arnold Companies, Docket No. IS12-203-000
April 2012, October 2012
Before the Federal Energy Regulatory Commission, Delta Air Lines, Inc., et al. v. Buckeye Pipeline Company, L.P. on behalf of Delta Airlines, Continental Airlines, Inc., JetBlue Airways Corporation, United Air Lines, Inc., and US Airways, Inc., Docket No. OR12-28-000
September 2012
Before the Federal Energy Regulatory Commission, Enterprise Products Partners L.P. and Enbridge Inc. on behalf of Continental Resources, Inc., Husky Marketing and Supply Company, Suncor Energy Marketing, Inc., and Canadian Natural Resources Limited, Docket No. OR12-4-000
August 2012
Before the Federal Energy Regulatory Commission, Enterprise TE Products Pipeline Company LLC, on behalf of Chevron Products Company and Lion Oil Company, Docket No. OR 11-6-000
April 2011, February 2012
Before the Federal Energy Regulatory Commission, Magellan Pipeline Company, L.P., on behalf of Frontier Oil and Refining Company, Docket No. OR10-6-000
March 2010, January 2011
Before the Federal Energy Regulatory Commission, SFPP, L.P., on behalf of Chevron Products Company, ConocoPhillips Company, Southwest Airlines Co., and Valero Marketing and Supply Company, Docket No. IS09-437-000
August 2010
Before the California Public Utilities Commission, Application of SFPP, L.P., on behalf of Chevron Products Company and ConocoPhillips Company, Application Nos. 09-05-014 et al
December 2009
Declarations before the Superior Court of the State of California in support of Ex Parte Applications for Entry of Third and Fourth Distribution Orders in Natural Gas Antitrust Cases I, II, III, and IV [J.C.C.P. Nos. 4221, 4224, 4226 and 4228]
April 2005, May 2005, and December 2005
Publications
Report
Analysis of Initial Comments Regarding Commission's Income Tax Allowance Policy for Partnership Pipelines
November 30, 2017
Submitted on behalf of United Airlines Petitioners and Aligned Shippers, in FERC Docket No. PL17-1-000
Report
Understanding Crude Oil and Product Markets
September 2014
Published by the American Petroleum Institute
Report
Losing Money to Increase Profits: A Proposed Framework for Defining Market Manipulation
March 2011
Published by The Brattle Group, Inc.
Report
Comments of Dr. Daniel Arthur, Dr. Romkaew P. Broehm, and Mr. Gerald A. Taylor to the Commodity Futures Trading Commission Regarding the Notice of Proposed Rulemaking on the Prohibition of Market Manipulation, 17 CFR Part 180
January 2011
Prepared for the Commodity Futures Trading Commission
Article
Improving the Performance of Natural Gas Markets in Electricity System Reliability
2004
Matthew P. O'Loughlin, Daniel S. Arthur, and Elizabeth Miller
In Electric & Natural Gas Business: Using New Strategies, Understanding the Issues!, edited by Robert E. Willett, and published by Financial Communications Company
Article
Oil Pipeline Complaint Procedures Are Being Clarified
September 2003
Published in Natural Gas
Article
Gas Use in Electricity Generation: Increase Uncertain in Northeast
2000
In Natural Gas Industry Analysis For Gas Year 2000-2001, edited by Robert E. Willett, and published by Financial Communications Company
News & Events
April 05, 2018
Daniel Arthur to Participate in EBA Panel on Emerging Issues in Oil Pipeline Regulation

Brattle Principal Daniel Arthur will participate in the Energy Bar Association (EBA) Energizer, “Emerging Topics in Oil Pipeline Regulation,” taking place April 5, 2018 in Houston, TX and Washington, DC.

March 20, 2018
FERC's Revised Policy Statement Eliminating Income Tax Allowances for Master Limited Partnership Pipelines Consistent with Brattle Economists' Report

Consistent with the economic and financial analysis provided by Brattle economists in the FERC's NOI on behalf of the United Airlines Petitioners and Aligned Shippers, FERC eliminated the income tax allowance for MLP pipelines noting that “an impermissible double recovery results from granting an MLP pipeline both an income tax allowance and a DCF ROE.”

November 30, 2017
Brattle Economists Contribute to DC Circuit Court Ruling Regarding Oil Pipeline Index Rate Formula

The DC Circuit Court of Appeals (Court) recently denied a petition for review of the Federal Energy Regulatory Commission’s (FERC) methodology for determining the oil pipeline index rate formula for 2016 to 2021.

July 06, 2016
Testimony of Brattle Principals Contributes to DC Circuit Court Ruling Limiting Income Tax Allowance for Partnership Pipelines

The DC Circuit Court of Appeals recently ruled that the Federal Energy Regulatory Commission’s (FERC) Income Tax Allowance (ITA) policy for partnership pipelines, when applied in tandem with its Discounted Cash Flow Rate of Return on Equity (DCF ROE) methodology, results in inequitable rates of return for partnership pipelines.

September 02, 2014
Brattle Consultants Prepare Two Reports for the American Petroleum Institute on Natural Gas and Crude Oil Markets

Brattle consultants have authored two separate reports for the American Petroleum Institute (API) that provide a comprehensive overview of the natural gas and crude oil and product markets.