Skip to Main Content

Matthew P. O'Loughlin

Mr. O'Loughlin is an expert in the application of economics and finance to complex commercial damages disputes, asset valuations, and regulatory matters that arise in energy markets.

Mr. O’Loughlin has testified in US Federal and state courts and arbitration proceedings on the quantification of commercial damages in energy-related breach of contract, antitrust, shareholder, and indemnification disputes. He has extensive experience valuing energy companies, assets, and contracts in the context of litigation, bankruptcy, merger, and tax proceedings.

Mr. O’Loughlin also testifies frequently on natural gas and oil pipeline-related regulatory and rate matters before the U.S. Federal Energy Regulatory Commission, state public utility commissions, and the National Energy Board of Canada. His regulatory work has addressed cost of service items, rate design, price index formation, contract evaluation, industry restructuring, new market entry, merger evaluation, and market manipulation.

Mr. O’Loughlin previously served as Brattle’s president and chief executive officer, chief operating officer, and energy practice area leader.

Representative Engagements
Breach of contract damages in the U.S. District Court
On behalf of a major paper producer, submitted an expert report that estimated the damages to the paper company resulting from the breach of an energy supply contract by the owner of a natural gas-fired electricity cogeneration plant.
Antitrust settlement during the California natural gas crisis in CA Superior Court
On behalf of the Settling Claimants (California electric and gas utilities, Western states, and California class consumers) in the $1.6 billion natural gas antitrust settlement with El Paso Corporation and its subsidiaries, quantified both the damages sustained and the settlement consideration to be allocated to each major settling claimant group, taking into account both the direct overpayment for natural gas and the indirect effect of higher natural gas costs on the market price of electricity in calculating damages.
Oil Pipeline Lease Dispute – Derivative Action in Delaware Chancery Court
In a derivative action brought by a minority stockholder against a crude oil pipeline’s controlling stockholder, Mr. O’Loughlin calculated the damages resulting from a pipeline capacity lease between the pipeline and the controlling stockholder. Mr. O’Loughlin analyzed the demand for oil pipeline transportation services in Texas and the prices obtained for oil pipeline transportation service on new oil pipeline projects serving the Gulf Coast market. This analysis informed his opinion of a fair lease rate that could have been obtained by an independent owner of the pipeline.
El Paso Natural Gas before the FERC
Testified regarding cost of service and rate design matters in several recent El Paso rate and complaint proceedings on behalf of a major California gas consumer. In the context of settlement negotiations, modeled El Paso’s transportation rates and used these rate models to evaluate the sensitivity of rates to alternative rate design or cost of service assumptions.
PG&E San Bruno Incident Investigation before the CPUC
In analyzing PG&E’s Gas Transmission & Storage (GT&S) business’ 1997-2010 operations & maintenance expenses and capital expenditures, it was found that its actual spending exceeded the adopted amounts that were provided for in revenue requirements and rates. Also found that GT&S’ profitability during this time was largely due to its success in selling at-risk storage services and not due to alleged spending reductions.
Antero Resources Corporation v. South Jersey Resources Group LLC and South Jersey Gas Company, Opening and rebuttal expert reports submitted, deposition provided, 2016-17. United States District Court for the District of Colorado, C. A. No. 1:15-cv-00656-REB-MEH

Testimony before the Federal Energy Regulatory Commission on behalf of Airlines for America, National Propane Gas Association, and Valero Marketing and Supply Company regarding the Five Year Review of the Oil Pipeline Index, Docket No. RM15-20-000, August, September, and October 2015.
Chevron Pipe Line Company derivatively on behalf of West Texas Gulf Pipe Line Company v. Sunoco Pipeline, L.P., et al., Opening and rebuttal expert reports submitted, deposition provided, 2014. Court of Chancery of the State of Delaware, C.A. No. 8573-VCL

Scott D. Martin, et al. vs. Martin Resource Management Corporation, et al., Expert report submitted, deposition provided, 2011-12. District Court of Harris County, Texas, Cause No. 2008-53948

Testimony before the California Public Utilities Commission on behalf of Pacific Gas & Electric Company regarding its Gas Transmission & Storage business’ actual and imputed adopted operations & maintenance expenditures and capital expenditures during the 1997-2010 period in Docket No. I.12-01-007
June 2012
Stranded Fossil Fuel Infrastructure: How Big Is the Stranded Asset Problem, and What Should We Do About It?
June 24, 2021
Presented to American Gas Association FERC Regulatory Committee
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
Valuation Controversies in Oil and Gas Bankruptcies
June 02, 2016
Published by The Brattle Group, Inc.
Pipeline Regulatory Issues Arising From Oil and Natural Gas Production Growth in North America
February 2014
Published in Energy Law Advisor
Paying for Pipelines
September 09, 2013
Presented at Law Seminars International’s (LSI) Energy in the Northeast Conference
The Emerging Need for Greater Gas-Electric Industry Coordination, comments to the FERC NOI, Docket AD12-12-000
March 30, 2012
Published by The Brattle Group, Inc.
News & Events
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.”

December 07, 2017
Matthew O'Loughlin to Present at the Institute for Energy Law's Midstream Oil & Gas Law Conference

Brattle Principal Matthew O’Loughlin will present at the Institute for Energy Law’s (IEL) 5th Midstream Oil & Gas Law Conference, taking place on December 7, 2017 in Houston, TX.

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 18, 2017
Matthew O’Loughlin to Discuss Oil and Gas Bankruptcies for Knowledge Group

Brattle Principal Matthew O’Loughlin will present during The Knowledge Group’s webinar, “Legal Issues, Ramifications and Strategic Approaches in Oil and Gas E&P Bankruptcies and Restructurings,” taking place July 18, 2017 from 12-2 pm EST.

June 05, 2017
Brattle Consultants Contribute to Favorable Initial Decision for BP Products North America Inc. on Discrimination Claims Against Sunoco Pipeline

An initial decision by the FERC, finding that Sunoco Pipeline L.P. discriminated against BP Products North America Inc., relied extensively on testimony and evidence submitted by Brattle Principal Steve Levine.

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.