Joseph Fagan practices in the area of natural gas and electric infrastructure project development, and counsels clients on the many regulatory, enforcement and commercial issues involved with such projects. He advises natural gas companies and public utilities on regulatory, transactional, litigation and legislative matters, and on project development, market enforcement, rate-making, corporate compliance, asset acquisitions and other industry-specific issues.
Joseph's clients have included natural gas storage companies, local distribution companies, liquefied natural gas project developers, interstate pipelines, marketers, producers and industrial end-users. He has also represented electric utilities, renewable power developers and qualifying facilities.
Joseph is a past member of the Board of Directors of the Charitable Foundation of the Energy Bar Association. He has represented clients for over two decades 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, certificate, enforcement, and import/export issues. He frequently speaks and writes about pertinent industry topics.
According to the 2013 edition of Chambers USA, "Joseph Fagan is noted for his ability to handle a variety of FERC matters. He acts for a wide spectrum of electricity clients including utilities and renewable power developers."
Represent energy company in various compliance and regulatory matters concerning its FERC-regulated natural gas asset
Lead outside counsel to various shippers in the negotiation of commercial agreements with interstate natural gas companies proposing pipeline expansion and lateral projects
Lead outside counsel to an LNG company on FERC and DOE regulatory matters
Provide regulatory and due diligence advice in client acquisition of CNG fueling station portfolio
Lead outside counsel to several FERC-regulated natural gas storage companies on certificate, audit, enforcement, rate and tariff matters
Lead outside counsel to a New England stakeholder group seeking solutions to regional natural gas/electric interdependency issues
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
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
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
Lead outside counsel to interstate natural gas pipeline in establishing procedures for compliance with FERC Standards of Conduct
Lead outside counsel to a local distribution company in establishing FERC natural gas compliance program
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
Lead outside FERC counsel on numerous acquisitions and financings of natural gas assets
Lead outside counsel on behalf of shippers in numerous FERC rate and tariff proceedings
Represent 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
Co-counsel in FERC enforcement proceeding (and related D.C. Circuit appeal) targeting an individual trader for alleged violations of electric market behavior rules
Lead outside counsel to a demand response company participating in the FERC-regulated wholesale power markets
Lead outside counsel in a successful effort to obtain transmission rate incentives for the $6 billion Energy Gateway 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