Daniel A. Hagan specializes in energy law and advises and represents clients on a wide variety of litigation, advisory and transactional matters. Mr. Hagan 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 is listed in Chambers USA (Energy: Electricity (Regulatory & Litigation)), where he has been described 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 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 megawatt (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 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 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 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
Co-editor of the Washington Energy Update, a bimonthly 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.
Editor of the 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.
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

Speaking Engagements
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