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Kristen A. Berry

Fax +1.206.623.7022
Kristen Berry is an associate in the firm’s Seattle office and a member of the firm’s energy, infrastructure and resources practice. She assists clients in the development and financing of wind, solar, hydroelectric, energy storage, and other energy projects. Ms. Berry’s practice emphasizes transactional work related to mergers and acquisitions, tax equity financings, joint ventures and other strategic alliances, power purchases and sales, renewable energy credits and certificates transactions, energy services, energy storage transactions, and matters associated with smart grid and energy efficiency technologies.

Professional Background

Prior to joining K&L Gates, Ms. Berry was a summer associate at the Houston office of an international law firm and at ExxonMobil Corporation. Prior to law school, Ms. Berry studied Mandarin and worked as an energy consultant in Tianjin, China, as well as worked on Capitol Hill for former United States Senator Mary Landrieu (D - LA) and for the U.S. Senate Committee on Small Business and Entrepreneurship.

Energy Project Development Experience
  • Drafted Wake Impact Agreement for California-based investor owned utility (IOU)
  • Assisted in review of transformer supply agreements for a wind farm acquisition
  • Contributed to the review of a wind project development and performance agreement for a Fortune 100 power purchaser (2018)
Energy Mergers and Acquisitions Experience
  • Completed short-form merger for energy services firm
  • Completed corporate review of multiple subsidiaries related to acquisition of a domestic energy services firm
  • Contributed to corporate due diligence related to acquisition of an indirect cash equity interest in 200 MW and 150 MW, respectively, wind projects in U.S. Midwest
  • Completed corporate review for acquisition of electric construction and maintenance provider
  • Completed corporate review for asset sale of an international energy services firm
  • Assisted in the representation of a clean energy private equity firm in the sale of a developer, owner, and operator of several small hydro projects throughout the U.S.
  • Assisted in corporate governance issues for a company specializing in thermal remediation
  • Completed corporate review related to acquisition of a firm specializing in HVAC mechanical, energy, and construction services
  • Participated in the corporate representation of an international utility company in the acquisition of a national mechanical and electric company
  • Assisted in the corporate representation of a Canadian firm's bid on a portfolio of U.S.-based solar projects
  • Contributing to the representation of an international investor’s long-term strategic partnership with a U.S. developer via an investment in a Texas-based solar portfolio
Energy Storage Experience
  • Reviewed reactive supply and voltage control (RSVC), battery equipment supply, generation facility connection, and project development agreements on behalf of an OR-based battery acquirer
  • Assisted in the review of IESO, capacity purchase and sale, resource adequacy purchase, and energy storage services agreements on behalf of a major storage developer
  • Participated in the corporate representation of the U.S. subsidiary of a multi-billion dollar Korean-owned smart energy company in the acquisition of the "energy grid tie" division of a U.S.-based corporation
  • Contributing to the representation of a developer in the acquisition of a portfolio of behind-the-meter energy storage assets
Power Sales Agreement Experience
  • Assisting major solar developer in negotiation of multiple virtual power purchase agreements throughout U.S.
  • Assisted in the review of a power purchase agreement for a 90 MW wind project under development in Pennsylvania
  • Contributed to the review of the Western Systems Power Pool (WSPP) for a Fortune 100 power purchaser
  • Provided pro bono representation in the development of a community solar model
  • Assisted in the review of power purchase and balancing authority agreements related to power purchases from natural gas facilities in Arizona
  • Reviewed physical and virtual solar power purchase agreements of an international utility company
  • Contributed to the drafting of UK-specific solar power purchase and battery agreements for a Fortune 100 company
  • Contributed to the revision of a power purchase agreement based on ERCOT Nodal Protocols
  • Reviewed physical and virtual wind power purchase agreements of a Fortune 100 company
Regulatory Experience
  • Researched Oregon's RPS requirements for REC allocations and utility load size determinations for Fortune 100 company
  • Examined federal (and analogous) state Agricultural Foreign Investment Disclosure Act (AFIDA) requirements in preparation for a multi-portfolio renewable energy acquisition
  • Assisted in proposed $5.3 billion acquisition of investor-owned electric and gas utility, including regulatory proceedings to obtain approval from five state commissions
  • Spearhead comprehensive review of RPS requirements across the fifty states
  • Assisted energy firms in CPUC filings and compliance
Financing and Tax Equity Experience
  • Advised corporate client in a $55 million tax equity transaction with a renewables firm for multiple solar projects located in Texas
  • Participated in advising a bank in completing a tax equity investment in Florida-based solar projects
  • Assisting in the representation of an equity investor in development of a portfolio of dairy digesting projects
  • Assisted in the representation of a solar developer in the development and tax equity financing of a Florida-based solar project