Joseph H Fagan

Practice Areas

Joseph Fagan, the Managing Partner of the DC office, represents natural gas and electric clients alike on energy regulatory, litigation, contractual and transactional matters, and frequently provides assistance on enforcement, government investigations, corporate compliance, ratemaking, project development, asset acquisitions and all other matters associated with the regulated power and gas markets.

Joseph's clients have included:

• Wholesale and retail marketers

• Municipalities

• Industrial end-users

• Natural gas storage companies

• Renewable natural gas project developers

• Liquefied natural gas project developers

• Producers

• Local distribution companies

• Power marketers

• Interstate and intrastate pipelines

• Electric utilities

• Renewable power developers

• Qualifying facilities

Joseph has represented clients for over 25 years in federal, appellate and district court litigation, and before the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE) in a broad range of matters including rate, enforcement, permitting and import/export issues.

Joseph frequently speaks and writes about pertinent energy industry topics. He is a past member of the Board of Directors of the Charitable Foundation of the Energy Bar Association.

Admitted in these jurisdictions and courts:

- District of Columbia

- State of Connecticut

- U.S. Court of Appeals for the District of Columbia Circuit

- U.S. Court of Appeals for the Ninth Circuit

- U.S. Court of Appeals for the Tenth Circuit

Professional Memberships

Energy Bar Association, Natural Gas Regulation and Compliance and Enforcement committees

American Bar Association, Section on Public Utility, Communications and Transportation Law

Northeast Energy and Commerce Association, Board of Directors

Publications

Co-author, "FERC Actions Signal Concern Over Investors' Utility Stakes," Law360, January 18, 2024

Co-author, "FERC Issues Notice of Inquiry on Blanket Authorizations for Investment Companies," Day Pitney Alert, December 22, 2023

Co-author, "FERC Issues Notice of Proposed Rulemaking Reforming Generator Interconnection Procedures and Agreements," Day Pitney Advisory, June 27, 2022

Co-author, "FERC Issues Two Policy Statements Impacting Natural Gas Infrastructure Projects," Pratt's Energy Law Report, June 2022

Co-author, "Appellate Review of FERC Orders Potentially Accelerated," Day Pitney Alert, July 9, 2020

Experience

NATURAL GAS

Represented a nonprofit agency in litigation and negotiations with natural gas suppliers arising from Winter Storm Uri in February 2021

Represented a natural gas marketer in negotiating a series of complex and politically sensitive LNG supply and exchange agreements with the municipal utility of a major Northeastern city

Successfully represented a coalition of two dozen Midwestern municipalities in a contested FERC pipeline rate proceeding

Represented an energy company in various compliance, regulatory and certificate matters concerning its FERC-regulated natural gas asset

Served as lead outside counsel to various shippers in the negotiation of commercial agreements with interstate natural gas companies proposing pipeline expansion and lateral projects

Served as lead outside counsel to an LNG company on FERC and DOE regulatory matters

Provided regulatory and due diligence advice in client acquisition of CNG fueling station portfolio

Served as lead outside counsel to several FERC-regulated natural gas storage companies on certificate, audit, enforcement, rate and tariff matters

Served as lead outside counsel to a New England stakeholder group seeking solutions to regional natural gas/electric interdependency issues

Served as lead outside counsel to a state-regulated anchor shipper in the negotiation of transportation and negotiated rate agreements with two different interstate natural gas companies proposing pipeline expansion projects in the Northeastern United States

Served as Co-FERC counsel to an LNG company in conjunction with the regulatory and commercial issues associated with the commissioning and placing into service of a Gulf Coast LNG import terminal and its associated interstate natural gas pipeline

Served as lead outside counsel to an electric utility in the negotiation of long-term natural transportation and supply agreements for a 637 megawatt combined-cycle gas-fired power plant in Utah

Served as lead outside counsel for natural gas storage company seeking to develop FERC-jurisdictional 30 Bcf natural gas storage facility in Liberty County, Texas

Represented the Chief Executive Officer of a hedge fund in natural gas enforcement proceedings at FERC

Served as lead outside FERC counsel on numerous acquisitions and financings of natural gas assets

Served as lead outside counsel on behalf of shippers in numerous FERC rate and tariff proceedings

ELECTRICITY

Served as lead due diligence counsel in support of hundreds of millions of dollars of tax equity investments in multiple solar portfolios

Represented company and several of its employees as lead outside counsel in FERC enforcement investigation into alleged improper bidding activity in a wholesale capacity market auction

Represented two witnesses in FERC enforcement investigation into alleged regulatory and tariff violations associated with the operational availability of a new power plant

Represented stakeholders at FERC and in the United States Circuit Courts of Appeals in litigation involving the distribution of refunds and the development of remedies related to the failure of the California wholesale electric markets in 2000/2001

Served as co-counsel in FERC enforcement proceeding (and related D.C. Circuit appeal) targeting an individual trader for alleged violations of electric market behavior rules

Served as lead outside counsel in a successful effort to obtain rate incentives for a proposed $6 billion electric transmission project on behalf of one of the nation's largest electric utilities

Represented merchant generation developers on regulatory matters in conjunction with asset acquisitions and divestitures

Education