Gregory S. Wagner
Greg represents crude oil and refined petroleum products shippers in litigation before the Federal Energy Regulatory Commission, state regulatory commissions, and the U.S. Courts of Appeal. 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, LNG project developers, 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 as to 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. He has broad experience litigating FERC enforcement matters and representing companies in the investigative process.
Related Practices
Related Industries
Experience
Representative Matters
Oil, Products, and Liquids
- 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
- Represented refined products shippers in FERC proceedings relating to a pipeline application for market-based rates
- Settled long-standing claims for rate reparations, refunds, and reductions
- Represented a refined products shipper in FERC rulemaking to determine five-year indexing adder
- 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 and LNG
- Represented LNG project developers in structuring precedent agreements for regulated transportation service in conjunction with unregulated tolling agreements
- Represented an interstate gas pipeline investor in obtaining financing and advising on regulatory permitting requirements
- 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 recovering of compensation for a reactive power
- Advised a new market entrant on compliance issues related to power trading and developing compliance manuals
- Represented a generation owner in a FERC investigation of alleged regulatory violations
- Represented a power marketer in FERC public and non-public investigations of alleged market manipulation, including hearing and multi-party settlements
CFTC
- Conducted a comprehensive compliance review of derivatives transactions portfolio and the implementation of best practices
- Advised a new market entrant on compliance issues related to hedging and developing compliance manuals
- Advised companies hedging commodity, interest rate, and foreign exchange risks in complying with CFTC requirements, including use of ISDA protocols
Insights
Credentials
Education
- J.D. summa cum laude George Mason University School of Law 2002
- Executive Editor, George Mason Law Review
- B.A. summa cum laude Cleveland State University 1999
Bar Admissions
- District of Columbia
Court Admissions
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
Recognition
- Legal 500, Industry Focus – Energy Regulation: Oil and Gas, 2020 - 2021
- Chambers USA, Up and Coming, Energy: Oil & Gas, Nationwide, 2020 - 2021