Daniel Hagan

Partner, Washington, DC

Biography

“[A] really good grasp of the litigation side of the practice.”
Chambers USA (Energy: Electricity Regulatory & Litigation)

Overview

Daniel heads up the Firm's energy markets and regulatory practice. He supports clients in the energy sector so they can operate confidently both in their day-to-day business, and when they are involved in transactions, subject to litigation or under investigation.

As a recognized authority on energy law, he is frequently called upon to advise and represent clients on regulatory issues across a broad spectrum of the energy industry, including the natural gas, oil pipeline and electric power industries. He regularly counsels clients on energy-related litigation, M&A transactions, project financings and contract negotiations.

Compliance and regulation are key considerations in the energy sector, and Daniel frequently represents clients before various federal and state agencies, including the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC). He has served as lead counsel in numerous FERC adjudicative and settlement proceedings.

Daniel regularly counsels clients in non-public and public audits, investigations and enforcement proceedings, and was a founding member of the Firm's Energy investigations, prosecutions, and enforcement team. He has also assisted clients in numerous judicial proceedings before federal and state courts.

Daniel developed and continues to manage the White & Case NERC Database (whitecase.com/nerc), a repository of summaries of NERC reports and notices which helps to facilitate industry compliance.

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
MBA
Seton Hall University
BS/BA
Boston University
Languages
English

Experience

Acquisition of Oncor (2018)
Represented Sempra Energy, an electric and gas utility company, in its US$18.8 billion acquisition of Energy Future Holdings Corp., which indirectly owns 80% of Oncor Electric Delivery Company, LLC, an operator of the largest electric transmission and distribution system in Texas.

Represented Calpine Corporation (2017)
Represented Calpine Corporation in its US$17 billion sale to Energy Capital Partners, an energy-focused private equity firm, and a consortium of investors including Access Industries and Canadian Pension Plan Investment Board.

Represented Noble Group (2016)
Represented Noble Group in its US$1.05 billion sale of Noble Americas Energy Solutions to Calpine Corporation.

Acquisition of ITC Holdings Corp. (2016)
Representation of Fortis in its $11.3 billion acquisition of ITC Holdings Corp., an electric transmission company in the Great Lakes and Great Plains regions.

We also represented Fortis in its:

$1.2 billion partnership with GIC, a sovereign wealth fund formed by the Government of Singapore, in connection with the acquisition of ITC Holdings Corp.

$4.3 billion acquisition of UNS Energy Corporation.

$1.5 billion acquisition of CH Energy Group Inc.

Represented Saudi Arabian Oil Company (2016)
Represented Saudi Refining, Inc. (SRI), a wholly owned subsidiary of Saudi Arabian Oil Company (Saudi Aramco), on energy regulatory issues associated with the discontinuation of Motiva Enterprises LLC and the division of Motiva's assets, liabilities and businesses between SRI and affiliates of its joint venture partner, Royal Dutch Shell PLC.

Represented the Unsecured Noteholders of Texas Competitive Electric Holdings Company (2015)
Represented the Unsecured Noteholders of Texas Competitive Electric Holdings Company, an Energy Future Holdings Corp. subsidiary, on FERC and PUCT regulatory issues associated with largest US restructuring in 2015 and the US$12.5 billion acquisition of Oncor Electric Delivery Company.

Major Oil and Gas Company (2014)
Representation of a major 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 harbour threshold.  Work for this matter received the highest recognition—"Standout"—by the Financial Times in 2014.

Speaking Engagements

"Electrification of the U.S. Transportation System," April 3-4, 2019: George Washington University Law School’s Sustainable Energy Initiative Conference, Washington, DC (speaker and moderator)

"Policy and Integration Challenges – Global Challenges and Opportunities," January 2018: Wharton School of the University of Pennsylvania's Wharton Energy Conference, Philadelphia, PA (speaker)

"Making Sense of a Fragmenting World – The Growing Conflict Between FERC Jurisdictional Electric Markets and State Policies," October 2017: White & Case LLP 2017 Energy Conference, New York, NY (speaker and moderator)

"Energy Markets – Growth Amid Disruptive Innovation," September 2016: White & Case LLP 2016 Energy Conference, New York, NY (moderator)

"Cross-Border Issues in Energy, Mining and Natural Resources," June 2014: Ontario Bar Association, Toronto (speaker)

"Responding to Increased Government Scrutiny of Energy Transactions," May 2014: White & Case LLP's Seminar on Energy Investigations, Prosecutions, and Enforcement, Houston, TX (speaker)

"Rail vs. Pipe: Is crude-by-rail a short term transport solution or is it here to stay?" April 2014: Euromoney's 2nd Annual North American Midstream Infrastructure Finance Forum, Houston, TX (moderator)

"Corporate Governance for Power Companies: Managing Compliance Risks in the US Power Sector," October 2013: 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 (moderator)

"Mandatory Reliability Standards," May 2013: Western Energy Institute's General Counsel Forum, Vancouver, BC (speaker)

"Policy Statements, Rulemakings, Enforcement & Reliability Proceedings," December 2011: 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 (speaker)

"The Federal Energy Regulatory Commission's Discovery Process," Energy Bar Association's FERC Administrative Litigation 101 Primer and Refresher Program, Washington, DC, April 2009 (speaker)

Publications

"Signals for US electric storage," Project Finance International, September 25, 2019 (co-author)

"Electric storage: From idea to action," White & Case, May 30, 2019 (co-author)

"Energy Storage Emerges as a Savvy Investment," Project Finance International, April 2018 (co-author)

"FERC at 40: A Look Back and Ahead," Law360, June 14, 2017 (co-author)

"Electric Energy Storage: Preparing for the Revolution," White & Case, October 10, 2016 (co-author)

White & Case NERC Database, a collection of summaries of NERC Notices of Penalty, Administrative Citation of Penalties and Find, Fix and Track Reports (editor)

US Chapter, 2017, 2016, 2015 and 2014 "Electricity Regulation – Getting the Deal Through" (contributing editor and co-author)

"Electric Energy Storage: Preparing for the Revolution," White & Case, 2016

"Power Dynamics: Forces Shaping the Future of Coal in the United States," White & Case, 2015

"Pipeline Task Forces May Slow Energy Development," Oil & Gas Monitor, July 21, 2015

"How New Rail Regulations May Spur Midstream M&A," Oil & Gas Monitor, June 22, 2015 (co-author)

"Expect US M&A Activity to Continue in the Midstream Oil and Gas Sector," Oil & Gas Monitor, June 3, 2015 (co-author)

US Chapter, 2016, 2015, 2014, 2013 and 2012 "Global Renewable Energy Guide," Çakmak Yayinevi ve Medya Limited Sirketi (co-author)

"Pipeline Expansion Needed to Reach Full Potential of US.Shale Boom," North American Oil & Gas Pipelines, July 11, 2014 (co-author)

"Inside DOE's Proposal For Liquefied Natural Gas Exports," Law360, July 7, 2014 (co-author)

"Electricity Regulation," Getting the Deal Through, 2014 (editor)

"Unlocking Demand for Natural Gas Pipelines," White & Case, 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, Volume 4, November 27, 2013 (co-author)

"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)

Daniel has also been quoted in numerous articles in an array of publications including Midstream Business, Law360, PaRR, Reuters, SNL, AZ Capitol Times on such topics as FERC's stepped-up enforcement.

Awards and Recognition

Board Member, The George Washington University Energy Law Advisory Board

Energy: Electricity (Regulatory & Litigation), Chambers USA

Innovative Lawyers, North America: Standout (Highest Recognition), Financial Times, 2014

The Best Lawyers in America: Energy Law (2016 – 2020)