D. Brennen Keene Partner

Energy Projects

• Represents an energy company in the PJM territory in negotiating the real estate provisions of build-transfer agreements for the acquisition of multiple solar projects. The work includes assisting the client with the ongoing review and approval of the seller’s title curative work.
• Assisted an energy company in negotiating more than 100 land option contracts covering more than 100,000 acres in the PJM territory, providing the client with a pipeline of properties for the development of utility-scale solar and energy storage projects. Brennen also assists the client with development and permitting efforts for individual projects on those properties.
• Represented a public utility in the MISO territory in negotiating build-transfer agreements for the acquisition of multiple wind and solar projects. The work included assisting the client with the review and approval of the seller’s title curative work required for closing and drafting and negotiating shared facilities and co-tenancy agreements for shared interconnection facilities.
• Represented an energy company in negotiating the real estate provisions of a build-transfer agreement for the purchase of a solar project in the Midwest.
• Represented an energy company in the acquisition, development, and construction of more than 40 solar energy projects in multiple states across three time zones, with total production capacity exceeding 1,800 megawatts.
• Represented a solar and energy storage developer on real estate and permitting matters for the development of a pipeline of projects in the PJM territory.
• Represented an independent power producer on real estate and related matters for the financing and construction of a 1 GW gas-fired combined-cycle power plant located on a former railroad maintenance yard.
• Represented an energy storage developer on real estate and permitting matters for multiple energy storage projects in Texas.
• Represented a private equity fund on real estate and permitting matters in a lending transaction to a project developer for the development of a pipeline of solar and energy storage projects in multiple states.
• Represented an energy company in the acquisition and development of multiple development-stage solar energy projects in Virginia.
• Represented an energy company in the acquisition and permitting of several energy storage projects in Virginia.
• Advised an energy company in repositioning environmentally constrained land for the development of solar energy projects.
• Represented an energy company on land use and real estate matters for the construction of four gas-fired power generation facilities ranging from 590 MW to nearly 1,600 MW.
• Represented a wind project developer on land use matters for what is anticipated to be the first wind energy project developed in Virginia.
• Represented the owner of a large coal-fired electric generation facility in obtaining local land use and siting approvals, and negotiating related agreements, to permit reclamation of a large coal ash storage facility.
• Represented an energy project developer and operator in obtaining local land use approvals for construction of a renewable natural gas facility.
• Represented an energy company in negotiating a siting agreement for a 380 MW solar power generation facility in Virginia.

Data Centers

• Represents an energy company on real estate matters related to the co-location of data centers on existing power generation sites and the location of data centers on former power generation sites.
• Represented a data center developer on real estate and related matters for the co-location of data centers with existing electric generation facilities in multiple states.
• Represents a private equity fund on real estate matters related to the assemblage of properties for data center developments in multiple states.
• Represented an energy company in obtaining permitting for a 150 MW solar project and a potential one million-square-foot data center development co-located with the solar project.
• Represents an energy company regarding the co-location of a multi-campus data center development with the company’s power generation facility in the PJM territory.

Commercial, Industrial and Mixed-Use Developments

• Represented a national developer on local land use and real estate matters for the siting of multiple logistics centers in Central Virginia.
• Represented a large retailer in the review of local land use entitlements and the negotiation of local incentives for two large distribution facilities in Central Virginia.
• Represented granite mining companies in seeking land use approvals for the development of new mining operations and the expansion or continuation of existing mining operations.
• Represented the subsidiary of an India-based pharmaceutical-grade gelatin manufacturer in obtaining zoning approvals for the subsidiary’s North American headquarters and distribution center.