Daniel A. Hagan practices in the Firm's Energy, Infrastructure and Project Finance Group with a focus on energy markets. Working with litigation attorneys, Mr. Hagan advises and represents clients before the Federal Energy Regulatory Commission (FERC), state regulatory agencies and in federal and state courts on matters related to the US Federal Power Act, the Public Utility Regulatory Policies Act of 1978 and the Public Utility Holding Company Act of 2005.

Mr. Hagan counsels electric utility companies and other clients on a variety of transmission and interconnection issues in ISOs and Regional Transmission Organizations (RTOs), and in transmission markets not under the operational control of either an ISO or RTO.  Mr. Hagan also counsels clients on compliance with FERC's standards of conduct, reliability issues and Order Nos. 888 and 889.  He assists clients with developing and implementing compliance programs, including assisting with related training and internal audits.

Mr. Hagan counsels clients in non-public and public regulatory audits and investigations, and on market-based and cost-based rate issues.  He has assisted clients in numerous FERC adjudicative and settlement proceedings. Mr. Hagan has also obtained regulatory approvals for clients seeking to merge, acquire or dispose of FERC jurisdictional assets.

Prior to joining White & Case LLP, Mr. Hagan practiced in the Energy group of another law firm.

Representative Matters

• Representing Occidental Chemical Corporation (Occidental) in a lawsuit pending in the US District Court for the Middle District of Louisiana 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;
• Represented PG&E Corporation on regulatory matters related to the bankruptcy and restructuring of its subsidiary, Pacific Gas and Electric Company;
• Represented Occidental in a transmission dispute that resulted in Occidental obtaining an approximate $20 million credit against its transmission service;
• Represented 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;
• Representing Occidental in ongoing proceedings in which FERC is investigating the ability of transmission customers to access short-term transmission service on the Entergy system;
• Represented Verizon Capital Corporation with respect to the transfer of a hydroelectric license;
• Represented National Energy Group in the sale and transfer of numerous FERC jurisdictional assets;
• FERC counsel to DTE Energy Services, Inc. in connection with its acquisition of a qualifying cogeneration facility;
• Represented Occidental, ConocoPhillips Company, the Dow Chemical Company, Exxon Mobil Corporation and PPG Industries, Inc. in a dispute that was ultimately settled regarding proposed revisions to a standard Generator Imbalance Agreement;
• Represented EcoEléctrica, L.P. in obtaining FERC recertification of QF status for its 540 MW generating facility located in Puerto Rico; and
• Represented Piney Creek Limited Partnership in an industry-wide audit of qualifying cogeneration facilities.