Daniel Hagan
Biography
Overview
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 advises 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.
Experience
Representation of Devon Energy on its formation of NDB Midstream LLC, a strategic partnership between WaterBridge NDB LLC, a portfolio company of Five Point Energy LLC, and WPX Energy Permian, LLC, a subsidiary of Devon Energy Corp.
Representation of Sempra Energy on its agreement to sell a non-controlling 10 percent interest in Sempra Infrastructure Partners, LP, to a subsidiary of the Abu Dhabi Investment Authority for US$1.78 billion in cash.
Representation of DIF Capital Partners (DIF), through its fund DIF Infrastructure VI, on its acquisition of Bernhard, LLC (Bernard) the largest privately-owned Energy-as-a-Service solutions company in the United States, from an affiliate of Bernhard Capital Partners.
Representation of Korea Midland Power Co., Ltd., a Korean corporation (KOMIPO), and its affiliated US subsidiaries on its Texas solar project. The Project is the first Texas solar project implemented by a Korean government-owned power company in response to the growing global efforts to reduce greenhouse emissions and intergovernmental cooperation to fight climate change.
Representation of Korean investors in connection with an acquisition of a 49.9 percent cash equity interest in a portfolio of four wind projects in the US totalling 852 MWs, located in Texas, Illinois and Nebraska. The portfolio comprises two wind farms in Illinois: Bishop Hill (218 MWs) and California Ridge (226.5 MWs); the 200.6 MW Prairie Breeze wind farm in Nebraska; and the 207.2 MW Rattlesnake wind farm in Texas. At the time of the transaction this was the largest-ever renewable energy acquisition completed globally by Korean investors.
Representation of Masdar in connection with its acquisition of a 50 percent cash equity stake from EDF Renewables, Inc., in a clean-energy portfolio with total capacity of approximately 1.6 GWs, making it one of the largest acquisitions of renewable assets in 2020. The clean-energy portfolio consists of three utility-scale wind farms in Nebraska and Texas totaling 815 megawatts (MW), and five photovoltaic (PV) solar projects in California – two of which include battery energy storage systems – totalling 689 MW of solar and 75 MW of lithium-ion battery energy storage.
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; and $1.5 billion acquisition of CH Energy Group Inc.
Representation of 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.
Representation of clients in ongoing, non-public, formal investigations into alleged market manipulation through bidding strategies in markets administered by ISOs and RTOs and NERC audits and investigations.
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. Received the highest recognition ("Standout") in the Financial Times' 2014 Innovative Lawyers, North America for this work.
"The Road to 30 GW by 2030," May 26, 2021: Reuters Offshore Wind Conference, Virtual (moderator)
"Contracts for Compensation and Risk Allocation," June 17, 2021: U.S. Energy Storage Association's (ESA) Transforming the Grid: Planning and Implementing Energy Storage Conference, Virtual (speaker)
"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)
"East Coast states de-risk grid build to spur offshore wind growth," Reuters Events, June 2024
"Electricity Regulation (USA)," Getting The Deal Through published by Lexology, February 2023 (co-author)
"Pivot Potential: A Deep Dive into Offshore Wind in the Gulf of Mexico," LexisNexis Pratt's Energy Law Report, October 2022 (co-author)
"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)
"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)
"Washington Energy Update," a periodical publication that highlights useful energy regulatory tips and a wide range of issues impacting the energy markets (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)
"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, May 2012 (co-author)
"Recent Developments Regarding Qualifying Facilities and FERC Chairman Wellinghoff's Statements About Avoided Cost Rates," White & Case, March 2012 (co-author)
"NERC Issues Draft Compliance Directive on Generator Lead Lines," White & Case, October 2011 (co-author)
"FERC Order No. 1000," White & Case, 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, 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, March 2010 (co-author)
"FERC Adopts Substantive Revisions to Form No. 556 for Qualifying Facility Certifications and Recertifications," White & Case, March 2010 (co-author)
"FERC Clarifies Filing Requirements Related to its PUHCA Regulations," White & Case, 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, February 2010 (co-author)
"FERC Extends Transmission Rate Incentives to Battery Storage Projects," White & Case, January 2010 (co-author)
"US Supreme Court Issues Significant Opinion Addressing the Scope of the Mobile-Sierra Presumption," White & Case, January 2010 (co-author)
"FERC Signals Continued Emphasis on Enforcement in 2010," White & Case, January 2010 (co-author)
"FERC Seeks Comments on Proposed Credit Reforms for Organized Wholesale Electric Markets," White & Case, January 2010 (co-author)
Mr. Hagan 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.
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 – 2024)
