White & Case
 
Daniel A. Hagan
Partner
Washington, DC

T: + 1 202 626 6497
T: + 1 202 626 3600
F: + 1 202 639 9355
E:
Practice Experience
Daniel A. Hagan is head of White & Case LLP's Energy Markets and Regulatory Practice. Mr. Hagan specializes in energy law and advises and represents clients on a wide variety of litigation, advisory and transactional matters. He represents clients before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), state regulatory agencies and in federal and state courts on matters arising under various federal and state laws, including the Federal Power Act, the Natural Gas Act, the Public Utility Regulatory Policies Act of 1978, the Public Utility Holding Company Act of 2005, and the Energy Policy Act of 2005.

He regularly counsels clients in non-public and public audits, investigations and enforcement proceedings. He has also served as lead counsel in numerous FERC adjudicative and settlement proceedings and assisted clients in numerous judicial proceedings before federal and state courts. Mr. Hagan has been recognized by Chambers USA (Energy: Electricity (Regulatory & Litigation)) as having a "really good grasp of the litigation side of the practice."

Mr. Hagan advises clients on a variety of transmission and interconnection issues, compliance with FERC's standards of conduct, market-based and cost-based rate issues, and Order Nos. 888 and 890. He also assists clients with internal audits and developing and implementing compliance programs. In addition to developing and maintaining the White & Case NERC Database (whitecase.com/nerc), which contains summaries of NERC Notices of Penalty, Administrative Citation of Penalties and Find, Fix and Track Reports, he advises clients on a broad array of reliability issues, including NERC registration requirements, audits, self-reports, methods for complying with reliability standards, developing compliance protocols and procedures, assessing and mitigating reliability related risk when purchasing and selling jurisdictional assets and negotiations with NERC and regional entities.

Mr. Hagan also assists clients in negotiating agreements for energy management services and the purchase and sale of electric energy and related products, thermal energy and natural gas. He has also obtained regulatory approvals for clients seeking to merge, acquire or dispose of FERC jurisdictional assets.

Representative matters include:
  • Representation of Fortis, Inc. with respect to regulatory and other issues associated with its December 2013 agreement to acquire UNS Energy, which owns two regulated electric utilities and one regulated utility in Arizona, for US$4.3 billion;
  • Representation of Goldman Sachs Lending Partners LLC, Credit Suisse Securities (USA) LLC, Ares Capital Corporation, Union Bank and Investec as joint lead arrangers in connection with the project financing of Panda Power Funds' planned US$652 million, 829 megawatt natural gas-fired, combined-cycle Patriot generating station being developed in Lycoming County, Pennsylvania. When completed, the Patriot project will be the second new power plant on the Marcellus Shale gas formation, after Panda's Liberty power plant;
  • Representation of Occidental Chemical Corporation in a pending complaint against the Midcontinent Independent System Operator, Inc. (MISO) with regard to the treatment of QFs upon Entergy's integration into MISO;
  • Representation of a large oil and gas company in a case of first impression under PURPA in which FERC found that the QF used to support its oil and gas production met the "fundamentally useful test" despite not meeting the safe harbor threshold;
  • Representation of Goldman Sachs Lending Partners, Credit Suisse Securities, Ares Capital Corporation and Union Bank as joint lead arrangers in connection with the project financing of Moxie Energy's planned 829 megawatt (MW) natural gas-fired, combined-cycle Liberty generating station being developed in Bradford County, Pennsylvania;
  • Representation of clients in ongoing, non-public, formal investigations into alleged market manipulation through bidding strategies in markets administered by ISOs and RTOs;
  • Representation of clients in ongoing NERC audits and investigations;
  • Representation of Bayonne Energy Center, a joint venture of Hess Corporation and affiliates of ArcLight Capital Partners, a 512 MW project under construction in New Jersey that will include a submarine cable to deliver its output to New York City. This deal was selected as "2010 North America Single Asset Power Deal of the Year" by Project Finance magazine and as "2010 Americas Power Deal of the Year" by Project Finance International magazine;
  • Representation of clients in obtaining Limited Jurisdiction Certificates pursuant to Section 7(c) of the NGA;
  • Representation of a natural gas pipeline on pipeline posting requirements under Section 23 of the NGA;
  • Representation of Occidental Energy Ventures Corporation in connection with its acquisition of the remaining 50 percent joint interest in the 550 MW Elk Hills power plant in California from Sempra Generation;
  • Representation of Overseas Private Investment Corporation in connection with the financing for the development, construction and operation of a solar power project in Gujarat, India;
  • Representation of the project sponsor in connection with the development and construction of a solar power project in California;
  • Representation of a foreign client in connection with a study of the legal issues implicated by investing in US nuclear energy projects;
  • Representation of gas storage developers in negotiating for electric service;
  • Representation of clients in assessing the FERC jurisdictional status of natural gas pipeline facilities;
  • Representation of a foreign manufacturer of wind turbines in connection with a study of the legal issues impacting foreign investments in US clean technology energy projects;
  • Representation of Occidental Chemical Corporation in a precedent-setting federal lawsuit that was ultimately settled involving an electric utility's obligation under the US Public Utility Regulatory Policies Act of 1978 to purchase power from Qualifying Facilities (QFs) at the electric utility's avoided cost rate;
  • Representation of PG&E Corporation on regulatory matters related to the bankruptcy and restructuring of its subsidiary, Pacific Gas and Electric Company;
  • Representation of clients in negotiating asset management agreements relating to the release of interstate pipeline capacity;
  • Representation of Occidental Chemical Corporation in a transmission dispute that resulted in Occidental obtaining an approximate US$20 million credit against its transmission service;
  • Representation of DTE Energy Services, Inc. as FERC counsel on acquisition, transmission and reliability issues;
  • Representation of subsidiaries of Edison Mission Energy in a series of investigations of certain QFs in which Enron participated to determine if Enron's activities with the projects violated US federal law. In each case, FERC determined that the projects met all legal standards;
  • Representation of banking clients as federal energy counsel in connection with the financing of power generation and transmission projects;
  • Representation of Verizon Capital Corporation with respect to the transfer of a hydroelectric license and a dispute over headwater benefit charges;
  • Representation of National Energy Group in the sale, acquisition and transfer of numerous FERC jurisdictional assets;
  • Representation of EcoEléctrica, L.P. in obtaining FERC recertification of QF status for its 540 MW generating facility located in Puerto Rico; and
  • Representation of Piney Creek Limited Partnership in an industry-wide audit of qualifying cogeneration facilities.

Bars and Courts
District of Columbia Bar
New Jersey State Bar
US Court of Appeals for the District of Columbia Circuit
US District Court for the District of New Jersey

Education
JD, Seton Hall University School of Law, 1999
MBA, Seton Hall University, 1998
BS/BA, Boston University, 1995

Professional Associations and Memberships
Energy Bar Association, Compliance and Enforcement Committee and System Reliability, Planning & Compliance Committee
New Jersey Bar Association, Public Utility Law Section
District of Columbia Bar Association

Awards and Recognition
Chambers USA, Energy: Electricity (Regulatory & Litigation)

Publications
"Unlocking Demand for Natural Gas Pipelines," White & Case publication, April 2014 (co-author)
"Investing In U.S. Pipeline Infrastructure: Could The Proposed Master Limited Partnerships Parity Act Spur New Investment?," Harvard Business Law Review Online, Volume 4, November 27, 2013. Available here (co-author)
The Washington Energy Update, a periodical publication that highlights useful energy regulatory tips and a wide range of issues impacting the energy markets. Click here to view prior issues of the Washington Energy Update (co-editor)
Summary of FERC Meeting Agenda, a monthly publication that provides brief summaries of the agenda items for the Federal Energy Regulatory Commission's monthly meeting (editor)
US Chapter, 2013 Global Renewable Energy Guide, Çakmak Yayinevi ve Medya Limited Sirketi, available at: http://www.whitecase.com/newsletters-08212013 (co-author)
US Chapter, 2012 Global Renewable Energy Guide, Çakmak Yayinevi ve Medya Limited Sirketi, available at: www.whitecase.com/articles-10102012 (co-author)
"When Energy and Antitrust Worlds Collide—Sixth Circuit Rules That Filed-Rate Doctrine Did Not Bar Price Discrimination Claim Against Electric Utility," Washington Energy Update, October/November 2012 (co-author)
"Recent Dos and Don'ts for Updated Market Power Study Filings," Washington Energy Update, June/July 2012 (co-author)
"Reliability Developments—FERC Rules on Compliance Registry Issues," White & Case Client Alert, May 2012 (co-author)
"Recent Developments Regarding Qualifying Facilities and FERC Chairman Wellinghoff's Statements About Avoided Cost Rates," White & Case Client Alert, March 2012 (co-author)
"NERC Issues Draft Compliance Directive on Generator Lead Lines," White & Case Client Alert, October 2011 (co-author)
"FERC Order No. 1000," White & Case Client Alert, July 2011 (co-author)
"FERC Seeks Comments on Whether to Revise Its Analysis of Horizontal Market Power Under §§ 203 and 205 of the FPA in Light of the DOJ/FTC 2010 Horizontal Merger Guidelines," White & Case Client Alert, March 2011 (co-author)
"FERC Revises Site Control Reporting Obligations to Eliminate Annual Report and Rejects Requests for Rehearing Regarding Mitigated Seller Prohibitions," White & Case Client Alert, March 2010 (co-author)
"FERC Adopts Substantive Revisions to Form No. 556 for Qualifying Facility Certifications and Recertifications," White & Case Client Alert, March 2010 (co-author)
"FERC Clarifies Filing Requirements Related to its PUHCA Regulations," White & Case Client Alert, February 2010 (co-author)
"FERC Requests Comments on Proposed Amendments to its Regulations Related to Control and Affiliation for FPA Sections 203 and 205 Purposes," White & Case Client Alert, February 2010 (co-author)
"FERC Extends Transmission Rate Incentives to Battery Storage Projects," White & Case Client Alert, January 2010 (co-author)
"US Supreme Court Issues Significant Opinion Addressing the Scope of the Mobile-Sierra Presumption," White & Case Client Alert, January 2010 (co-author)
"FERC Signals Continued Emphasis on Enforcement in 2010," White & Case Client Alert, January 2010 (co-author)
"FERC Seeks Comments on Proposed Credit Reforms for Organized Wholesale Electric Markets," White & Case Client Alert, January 2010 (co-author)

Speaking Engagements
Speaker, "Cross-Border Issues in Energy, Mining and Natural Resources," Ontario Bar Association, Toronto, ON, June 2014
Speaker, "Responding to Increased Government Scrutiny of Energy Transactions," White & Case LLP's Seminar on Energy Investigations, Prosecutions, and Enforcement, Houston, TX, May 2014
Moderator, "Rail vs. Pipe: Is crude-by-rail a short term transport solution or is it here to stay?," Euromoney's 2nd Annual North American Midstream Infrastructure Finance Forum, Houston, TX, April 2014
Moderator, "Corporate Governance for Power Companies: Managing Compliance Risks in the US Power Sector," White & Case LLP's 2013 Energy Industry Developments—Financings, M&A and Compliance: What's Driving Success in the US Power Sector, New York City, NY, October 2013
Speaker, "Mandatory Reliability Standards," Western Energy Institute's General Counsel Forum, Vancouver, BC, May 2013
Speaker, "Policy Statements, Rulemakings, Enforcement & Reliability Proceedings," Energy Bar Association's Primer on Legal Practice and Administrative Procedure—Unlocking the Mysteries:
Everything You Didn’t Know About FERC Practice for Lawyers and Energy Professionals, Washington, DC, December 2011
Panelist, "The Federal Energy Regulatory Commission's Discovery Process," Energy Bar Association's FERC Administrative Litigation 101 Primer and Refresher Program, Washington, DC, April 2009

Languages
English

Citizenship
United States