Gregory S. Wagner

Partner
Wagner Gregory

Greg Wagner represents and advises clients in the oil, natural gas, and electricity industries on regulatory, litigation, and transactional matters. Greg represents oil and natural gas shippers, gas marketers, electric utilities, and power marketers before the Federal Energy Regulatory Commission (FERC), state regulatory commissions, and the U.S. Courts of Appeals. He also assists both pipeline owners and shippers in contracting for transportation service and facilities connections and advises pipelines and shippers regarding FERC's open season and ratemaking policies.

Greg has extensive experience in the natural gas and electric power sectors as well. He helps natural gas pipelines and gas marketers ensure compliance with FERC regulations and requirements, including structuring and negotiating precedent agreements, capacity releases, and asset management transactions. Greg has represented power generators and marketers in both cost-based and market-based rate applications, as well as market power analyses, tariff amendments, mergers and transfer applications, and compliance with FERC regulations and requirements with respect to the Public Utility Holding Company Act of 2005.

Experience

Representative Matters

Oil, Products, and Liquids

  • Represented a coalition of complainants challenging cost-based and market-based rates charged by Colonial Pipeline, the largest refined products pipeline in the United States
  • Represented Alaskan crude oil producer in defending the Trans-Alaska Pipeline System’s Quality Bank methodology
  • Represented crude oil shippers in challenge to committed rates charged by the Keystone Pipeline
  • Represented refined products shippers in multiple rate and tariff disputes before FERC, the California Public Utilities Commission, the U.S. Court of Appeals for the D.C. Circuit, and California appellate courts. Greg acted as shipper counsel in a seminal D.C. Circuit case that prompted FERC to reverse its policy on the collection of income tax expenses in cost-of-service based rates (United Airlines, Inc. v. FERC, 827 F.3d 122 (D.C. Cir. 2016))
  • Represented refined products shippers in multiple FERC proceedings relating to pipeline applications for market-based rates
  • Settled long-standing claims for rate reparations, refunds, and reductions
  • Represented a refined products shipper in multiple FERC rulemakings to determine five-year indexing adders
  • Represented a refined products shipper in a multi-party proceeding involving proposed changes to capacity prorationing procedures
  • Represented a crude oil producer in negotiations with a pipeline company to be an anchor shipper on a proposed pipeline
  • Drafted open season documents, including a pro forma transportation service agreement for a refined products pipeline operator

Natural Gas

  • Represented anchor shippers in negotiating precedent agreements and transportation services agreements for expansion capacity on major pipelines
  • Represented natural gas marketers in structuring and negotiating asset management agreements
  • Represented natural gas shippers in obtaining waivers of capacity release restrictions as part of acquisitions and divestitures of assets
  • Negotiated and drafted gas supply agreements for an electric generation owner under an NAESB form of agreement
  • Developed compliance manuals and training materials and conducted employee training

Electric

  • Represented utilities acquiring retail electricity providers, including transactional documents and regulatory approval
  • Represented a large national electric end-user in the acquisition of substantial end-use assets, including regulatory approvals, power procurement, and hedging arrangements
  • Negotiated and drafted power sales agreements under EEI and ISDA forms of agreement
  • Represented a generation owner in the recovery of compensation for reactive power
  • Represented a power marketer in FERC public and non-public investigations of alleged market manipulation, including hearing and multi-party settlements

Insights

Credentials
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Education

  • J.D. summa cum laude George Mason University School of Law 2002
  • B.A. summa cum laude Cleveland State University 1999

Bar Admissions

  • District of Columbia

Court Admissions

  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit

Recognition
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  • The Best Lawyers in America, Energy Regulatory Law, 2023
  • Legal 500, Industry Focus – Energy Regulation: Oil and Gas, 2020 – 2022
  • Chambers USA
    • Energy: Oil & Gas, Nationwide, 2022
    • Up and Coming, Energy: Oil & Gas, Nationwide, 2020 – 2021
  • Chambers GlobalUp and Coming, Energy: Oil & Gas, 2022