Becky H. Diffen Partner

Becky Diffen is chair of the firm's renewable energy practice. She focuses her practice on energy transactions, mergers and acquisitions, and project development.

She represents developers, private equity firms, investment banks, and a variety of other public and private companies in the renewable energy, energy storage, power generation, and oil and gas industries on complex transactions, including the acquisition, development, joint venture, financing and sale of a variety of energy projects and companies. She also has experience advising clients on Texas regulatory law.

Becky has 15 years of experience in the power industry and previously worked as a utility-scale wind power developer. She has been recognized by Austin Under 40, Chambers USA, Legal Media Group Rising Stars, and Texas Rising Stars, serves as an adjunct professor at the University of Texas School of Law (where she teaches a seminar on electric power law), and is a co-author of Wind Law, the first wind law treatise, and Lexis Practice Advisor: Renewable Energy.

Experience

Energy Storage

Representation of Duke Energy in the upgrade of its Notrees wind farm battery system, including negotiations with Samsung SDI America, Inc. for the provision of new batteries and Younicos, Inc. for installation and service of the energy storage management system.

Representation of a solar developer in contracts for the construction of and maintenance services for a new technology battery energy storage system to be integrated with an existing solar project.

Representation of a battery manufacturer in agreements for the sale of battery systems.

Representation of Duke Energy in connection with the development of a 36 MW battery storage facility located at the Notrees Wind Farm in Texas, the largest battery storage system of its kind.

Renewable Energy

Representation of Macquarie Capital in the development, tax equity financing and debt financing of a 200 MW wind farm in Oldham and Deaf Smith counties, Texas.

Representation of developer in the project development and sale of a 400 MW wind farm in Fisher County, Texas.

Representation of a developer in the sale of a 300 MW wind project in Clay and Dickinson County, Iowa to a public utility company.

Representation of a wind developer in the pending sale of a 300 MW wind project to a Minnesota-based utility holding company.

Representation of a developer in the acquisition and development of an anaerobic digestion poultry waste project in North Carolina.

Representation of a tax equity investor in connection with investments in four utility­-scale PV solar projects located in North Carolina.

Representation of a private equity fund in its acquisition of tax equity positions in four portfolios of more than 8,000 aggregated rooftop solar projects.

Representation of an investment bank in its sale of a utility­-scale Texas solar development and the option to sell a second solar project.

Representation of a tax equity investor in connection with the proposed divestiture of a large portfolio of wind, solar and geothermal projects.

Representation of a wind developer in the acquisition and development of a 200 MW wind development in the Texas panhandle.

Representation of underwriters to 8point3 Energy Partners LP in its $420 million initial public offering of common units.

Representation of various renewable energy developers in the negotiation of interconnection agreements in Texas.

Representation of a Tyr Energy, an Itochu Corporation, in its $500 million joint equity investment in the 845 MW Shepherds Flat wind power generation project in Eastern Oregon, at the time the largest wind farm in the world.

Representation of a King Abdullah City for Atomic and Renewable Energy on the establishment of a legal and regulatory framework for a renewable and civil atomic energy sector in the Kingdom of Saudi Arabia.

Representation of Duke Energy Company in a 50/50 joint venture with Sumitomo Corporation for the development, construction, financing, operation, and maintenance of Duke Energy’s 131 MW Cimarron II Wind Energy Project and 168 MW Ironwood Wind Energy Project, both located in Kansas.

Representation of underwriters to Sol­-Wind Renewable Power, LP in its initial public offering of common units. (Suspended)

Representation of underwriters to Pattern Energy Group Inc. in its $339 million public offering of common stock.

Representation of underwriters to Pattern Energy Group Inc. in its $382 million initial public offering of common stock.

Assisted in the representation of various renewable energy developers, including representation in Competitive Renewable Energy Zone proceedings and ERCOT protocol appeals, before the Public Utility Commission of Texas and ERCOT.

Power

Representation of Quantum Utility Generation in its acquisition of gas-fired power generation development projects in Texas.

Representation of a developer in connection with the EPC contract and other development work for a natural gas peaker plant in ERCOT.

Representation of Riverstone Holdings in the $400 million acquisition of three coal­-fired generating plants located in Maryland from a subsidiary of Exelon Corporation.

Representation in connection with Power Purchase Agreement drafting and negotiations for a natural gas peaker plant in ERCOT and a fuel oil project in the Caribbean.

Mergers & Acquisitions

Representation of USA Compression Partners in its $187 million acquisition of compression assets from S&R Compression in exchange for common stock units representing 20% of the limited partnership interests in the company.

Representation of Spredfast in its stock­-for­-stock acquisition of Mass Relevance, a technology leader in enabling social marketing experiences for brands and media companies.

Representation of Pharos Capital Group in its acquisition of Seaside Healthcare, a behavioral health services provider.

Representation of SailPoint Technologies in Thoma Bravo’s significant equity investment in the company, an identity and access management provider.

  • The University of Texas School of Law, JD, with Honors, Phi Delta Phi, Editor-in-Chief, Texas Journal of Oil, Gas, & Energy Law, 2009
  • Carleton College, BA, Computer Science, Political Economy, and Latin American Studies, magna cum laude, 2004

President, Austin Public Library Friends Foundation

Endowments Chair and Past-President, Texas Energy Law Association

Board Member, Zilker Theatre Productions

Co-Chair, Women of Renewable Industries and Sustainable Energy (WRISE), Austin Chapter

National Webinar Committee, WRISE

Planning Committee, Renewable Energy Institute, University of Texas School of Law CLE

Fellow, Travis County Women Lawyers Foundation

  • Moderator, "Portfolio Diversification in the Southeast—Wind, Biogas and Biomass," Southeast Renewable Energy Summit, November 7 - 9, 2018
  • Presenter, Renewable Energy M&A: Deal Structures, Key Issues, and Diligence Considerations When Buying and Selling Renewable Energy Projects, Strafford live webinar, April 10, 2018
  • Presenter, Texas School of Law’s Women’s Law Caucus Luncheon, February 15, 2018
  • Speaker, "Impact of the 2017 Tax Act on Renewable Energy Projects," Essential Insight on Sweeping Tax Reforms, January 9, 2018
  • Moderator, "M&A Trends in Renewable Energy," Renewable Energy Law, January 30, 2018
  • Speaker, "Key Skills for Leaders," Women of Renewable Industries and Sustainable Energy (WRISE) Leadership Forum, November 7, 2017
  • Moderator, "The Project Acquisition: Pipeline and Investor Preferences," Southeast Renewable Energy Summit, November 3, 2017
  • Panelist, "Renewable Energy Storage: Implementing Projects, Overcoming Co-Location Challenges, and Mitigating Risks," Strafford Publications Webinar, July 25, 2017
  • Speaker, "Charging Forward: The Future of Power Generation and Green Energy," 2017 Women's Energy Network National Conference, April 27, 2017
  • Panelist, "2017 M&A Trends in Renewable Energy," WoWE Houston Lunch and Learn, March 24, 2017
  • Moderator, "Playing Well With Others? Co-location of Battery Storage Projects With Wind and Solar ," Renewable Energy Law Conference, January 31, 2017
  • Presenter, "What Oil & Gas Lawyers Should Know About Renewables: An Update on Wind, Solar, and Energy Storage," Oil & Gas Section of Austin Bar Association, January 11, 2017
  • Presenter, "Contractual Arrangements for Energy Storage Projects: Navigating Significant Issues," Energy Storage Association’s ESAcademy Webinar Series, December 7, 2016
  • Moderator, "Roles and Value Propositions for Energy Storage in the Southeast," Southeast Renewable Energy Summit, November 2016
  • Moderator, "The Future of Wind and its Impact on ERCOT," Infocast ERCOT Market Summit 2016, March 2, 2016
  • Panelist, "Renewable Energy," Environmental Law Society Symposium, Columbia University, February 22, 2016
  • Presenter, "Improving the Marketability of Your Project: Tips and Pitfalls," University of Texas Renewable Energy Law Conference, February 10, 2016
  • Panelist, "Giving and Receiving Feedback," Women of Wind Energy Webinar Series, December 2015
  • Panelist, "Trends in the Renewable Energy Industry," Women of Wind Energy Leadership Forum, November 3, 2015
  • Panelist, Texas Journal of Oil, Gas, & Energy Law Annual Energy Law Career Panel, October 22, 2015
  • Panelist, "Impact of Renewable Energy Generation on the Texas Market," Infocast ERCOT Market Summit, February 26, 2015
  • Presenter, "Renewable Energy Case Law Update," University of Texas Renewable Energy Law Conference, February 18, 2015
  • Panelist, "Evolving Innovations in Technology," TransForum Texas, January 30, 2014
  • Presenter, "Renewable Energy Case Law Update," Renewable Energy Institute, The University of Texas School of Law CLE, January 29, 2014
  • Presenter, "Severance of Wind Rights and Current Leasing Issues," Renewable Energy Institute, The University of Texas School of Law CLE, January 28, 2013
  • Presenter, "Understanding Wind & Solar Resources: Rights, Conflicts, and New Developments," Texas Energy Production and Land Law, HalfMoon Education Inc. CLE, January 24, 2013
  • Presenter, "Recent Developments in Renewable Energy," Texas Energy Law Symposium, January 17, 2013
  • Presenter, "Renewable Energy Law and Recent Developments," Law Review CLE, August 14, 2012
  • Presenter, "Texas Wind Law: Growth and Recent Developments," Tarrant County Bar Association Energy Law Section CLE, December 8, 2011
  • Presenter, "Texas Wind Law: Growth and Recent Developments," Dallas Bar Association Energy Law Section CLE, October 19, 2011
  • Presenter, "Recent Developments in Wind Law," Dallas Bar Association Environmental Law Section CLE, June 23, 2011
  • Guest lecturer, "Wind and Transmission," Professor Ernest E. Smith’s Wind Law Seminar, University of Texas School of Law, March 30, 2011
  • Presenter, "Development of Texas Wind Law," Women of Wind Energy, Dallas Chapter, September 28, 2010
  • Panel member, Texas Journal of Oil, Gas, & Energy Law Annual Energy Law Career Panel, September 23, 2010
  • Texas

Selected for A Word About Wind’s “Top 100 Legal Power List,” 2018

Selected for Renewable Energy World’s inaugural “Solar 40 under 40,” 2018

Selected as Austin's Under 40 Award Winner, Engineering, Energy, Mobility and Systems Sciences, 2017

Selected as a “Rising Star – Energy,” Euromoney LMG Americas/International Financial Law Review, 2017-2018

Named to Fellows of the Texas Bar Foundation, 2017

Named “Associate to Watch,” Energy: State Regulatory & Litigation, Texas, Chambers USA, 2011-2018

Named to “Texas Rising Stars,” Energy & Resources, Super Lawyers, Thomson Reuters, 2015-2018

Named a “Legal Media Group’s Rising Star,” Euromoney, 2015 & 2016

Selected for inclusion as a “Leading Lawyer,” Energy: Regulatory, Legal 500 United State, 2013

  • Co-author, Wind Law, LexisNexis
  • Co-author, Renewable Energy, Lexis Practice Advisor
  • Author, Wind Energy in Texas - Renewable Energy Landscape, McGuireWoods Consulting LLC, September 17, 2018
  • Author, Women in Private Equity to Know: Susan Nickey, McGuireWoods Legal Insights, June 14, 2018
  • Co-author, Adding Storage to Existing Renewable Energy Power Plants, Renewable Energy World, May 17, 2017
  • Author, "Why Oklahoma Nuisance Lawsuit Deserves Your Attention", North American Windpower, March 2017
  • Author, Oklahoma Federal Court Denies Injunctive Relief in Wind Farm Nuisance Suit, McGuireWoods Legal Insights, October 26, 2016
  • Co-author, "Renewable Energy Case Law Update", Oil, Gas and Energy Resources Law Section of the State Bar of Texas, Spring 2015
  • Co-author, "EPA’s Clean Power Plan and Its Impact on the Energy Marketplace", January 1, 2012
  • Author, "Wind Energy: Dealing with Intermittency Challenges", Power Magazine, December 1, 2011
  • Co-author, "Recent Litigation Regarding Renewable Energy Power Purchase Agreements", Energy Litigation Journal, Winter 2011
  • Author, "Analyzing Renewable Energy Projects for Investment", The American Lawyer, November 2011
  • Co-author, "Winds of Change: The Creation of Wind Law", 5 Tex. J. Oil Gas & Energy L. 165, 2010
  • Author, "Competitive Renewable Energy Zones: How the Texas Wind Industry is Cracking the Chicken and Egg Problem", 46 Rocky Mtn. Min. L.J. 47, 2009
  • Author, "Energy From Above and Below: Who wins when a wind farm and oil & gas operations conflict?", 3 Tex. J. Oil Gas & Energy L. 340, 2008
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