Advised and represented electric industry participants, including electric utilities, project developers, energy marketers, and lenders in proceedings before the FERC on a variety of issues, including approval proceedings for mergers, acquisitions, divestitures, and reorganizations; both market-based and cost-based wholesale power rate proceedings, and complaint proceedings.
Advised and represented natural gas industry participants, including pipelines, natural gas storage developers, local distribution companies, energy marketers, asset owners and other shippers in proceedings before the FERC, including rate and tariff matters, capacity release transactions, obtaining certificates of public convenience and necessity for the construction of jurisdictional facilities and long-term capacity lease transactions.
Advised a major U.S. energy developer in the development of a biomass-fired electric generating facility, including drafting and negotiating EPC agreement, fuel supply and transportation agreements, and partnership governance documents; advised on regulatory issues at the federal and state level; advised on potential project funding and grant opportunities under the American Recovery and Reinvestment Act (ARRA) and DOE loan guarantee program.
Advised a major U.S. power marketer in the acquisition of a long-term tolling agreement for a large non-utility electric generating facility; drafted and negotiated joint-venture agreements related to the transaction including an energy management agreement, ISDA hedging agreement, fuel supply agreements and transportation agreements; advised on regulatory matters related to the transaction.
Advised several U.S. energy marketers on long-term natural gas supply and transportation transactions, including drafting and negotiating asset management agreements, transportation agreements and NAESB contracts for supply; advised on regulatory matters related to the transactions.
Regularly advised facility owners, investors and lenders in the acquisition, divestiture and financing of interests in electric generating and natural gas transportation, gathering, and distribution facilities, including coordinating due diligence, drafting transactional agreements and advised on federal and state regulatory requirements.
Advised clients in the development, permitting and expansion of natural gas storage projects, including drafting and negotiating corporate governance documents, land use agreements, surface and salt dome leases, wind leases and water leases, and obtaining the required authorizations from the FERC.
Represented a U.S. electric utility in its request for proposals (RFP) for long-term power purchase agreements, assisted in negotiating tolling agreements resulting in executed contracts for over 1,400 MWs of capacity.
Represented a U.S. utility in its DOE loan guarantee application for a proposed nuclear generating facility under the DOE’s Loan Guarantee Program; assisting in drafting commercial agreements for the development of the project and in obtaining a credit rating for the special purpose entity created to hold the assets.
Represented a U.S. energy project developer in its application for a DOE grant under the ARRA for its proposed electricity storage project.
Represented a consortium of lenders in their application for a DOE loan guarantee under the agency’s Financial Institution Partnership Program (FIPP).