Jay Costan is of counsel and part of the Transactions Group in Morrison Foerster’s Washington, D.C., office.

Jay brings more than four decades of experience to some of the energy sector’s most consequential regulatory and transactional matters. His practice spans the full range of natural gas and electricity issues—from complex commercial transactions to first-chair litigation before federal agencies and courts at every level, including the U.S. Supreme Court.

Jay advises clients on all aspects of electricity and natural gas sale, transmission, and transport, as well as LNG matters. He has appeared as first-chair counsel in proceedings before the Federal Energy Regulatory Commission (FERC), the U.S. Department of Energy, the U.S. Department of the Interior, state and federal courts, and multiple federal appellate courts—a litigation record that reflects both the breadth and depth of his regulatory expertise.

A growing focus of Jay’s practice involves advising technology companies and hyperscalers on the energy and infrastructure demands of large-scale data center operations. He structures, negotiates, and drafts power purchase agreements for substantial data center loads—including co-location arrangements at nuclear power plant sites—and designs contracts for facility construction and retail electricity supply from utilities. He also counsels data center clients on securing water supply agreements with municipal utilities across the country.

Memberships

• Member, Energy Bar Association
  
• Member, Public Utility Section, American Bar Association
  
• General Counsel, North American Energy Standards Board
  
• Law Council, Washington and Lee University School of Law

Representative Experience

• Representing hyperscalers and developers in arranging power supply and related facilities to support the development and operation of large data centers.
  
• Advising natural gas pipelines and storage operators before FERC in the siting, development, and licensing of new pipeline and underground storage projects.
  
• Representing a broad range of energy companies—including producers, pipelines, local distribution companies, and power generators—in natural gas certificate, rate, complaint, rulemaking, and restructuring proceedings before FERC.
  
• Representing clients before the U.S. Department of Energy in connection with natural gas import and export authorizations.
  
• Advising clients on offtake agreements for LNG supply, gas supply, and tolling services from LNG terminals.
  
• Advising power generators in the development of new merchant power projects and in the acquisition and disposition of existing power plants in the United States.
  
• Advising power developers in structuring, negotiating, and drafting interconnection agreements, power purchase agreements, fuel supply agreements, and other project documents.
  
• Representing institutional and industrial end users, energy producers, and marketing companies in the procurement and sale of energy supply and associated transmission services, including under NAESB, EEI, and retail purchase and sale contracts.
  
• Assisting electric generators and energy service companies in structuring and drafting power sales agreements and energy and fuel management agreements to support outsourced fuel supply and excess power marketing functions.
  
• Representing natural gas producers on the Outer Continental Shelf in matters involving the regulation of OCS pipelines.
  
• Representing local distribution companies in interstate pipeline rate, certificate, and rulemaking proceedings.
  
• Advising electric and gas marketing companies on federal and state regulation governing the transmission and sale of electricity and natural gas.
  
• Representing energy companies in certificate, rate, complaint, rulemaking, and restructuring proceedings before FERC and state utility commissions.