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William H. Holmes

Partner
+1.503.226.5767
Fax +1.503.553.6267
William Holmes is a partner in the firm’s Portland office. He focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on wind energy, solar energy, hydroelectric power, geothermal, biomass, natural gas, carbon offsets, and energy storage. His experience extends into corporate transactions, water law, and real estate law. Bill also advises clients in negotiating major power purchase agreements, acquisition and sale of energy projects, EPC agreements, O&M agreements, fuel supply, and energy project development agreements.

Professional Background

Prior to joining K&L Gates, Mr. Holmes was a partner in the Portland office of Stoel Rives LLP.

Achievements

  • Listed in Best Lawyers in America® (currently: Energy Law, Energy Regulatory Law, Environmental Law), 2007-2018
  • Named the Best Lawyers® 2018 Energy Regulatory Law "Lawyer of the Year" for the Portland, OR  region
  • Named the Best Lawyers® 2017 Energy Law "Lawyer of the Year" for the Portland, OR  region
  • Recipient of the inaugural Champion Award, Women of Wind Energy, 2012
  • Selected as a "Leader in the Field" by Chambers Global (Projects: Renewables & Alternative Energy - USA), 2011
  • Named the Best Lawyers® 2011 “Energy Lawyer of the Year” for the Portland, OR region

Professional/Civic Activities

  • Member, Oregon State Bar Public Utility Law Section
  • Member, American Bar Association Energy and Natural Resources Section
  • Adjunct Professor, University of Oregon Law School, "Renewable Energy Law," Spring of 2008 – 2012

Speaking Engagements

  • Presenter, “Corporate Energy Sourcing from Off-Site Renewable Energy Projects,” Webinar, July 7, 2015
  • Presenter, “Storage and Solar: the Intertwining of Technical and Legal Innovations”, American Bar Association, Section of Environment Energy, and Resource, GPS and RADER Committee (2014)
  • Moderator, “Exploring Business Opportunities: Paying Your Bills with Energy Storage,” Energy Storage Association 24th Annual Conference (2014)
  • Presenter, “Long-Term PPAs for Energy Storage,” Energy Storage Association 24th Annual Conference (2014)
  • Panelist, “Energy Storage – What Will it Take?: Recent Developments in US Energy Storage Law and Policy,” 2014 Oregon Future Energy Conference, April 22, 2014
  • Moderator, “Current Storage Technologies Panel,” 2014 University of Texas Renewable Energy law Conference, January 28, 2014
  • Presenter, “Future of Hydroelectric Generation in the Pacific Northwest: Provisions of the Hydropower Regulatory Efficiency Act of 2013,” 19th Annual Conference on Buying & Selling Electric Power in the West, January 13, 2014
  • Panelist, “Legal and Regulatory Perspectives on Energy Storage,” Hydrovision International, 2013, Denver, Colorado, July 24, 2013
  • Panelist, “Valuing Hydro in Today’s Energy Markets,” National Hydropower Association Annual Conference, Washington, DC, April 22-24, 2013
  • Moderator, “Storage Sector Update,” Future Energy Conference, Portland, Oregon, April 16-17, 2013
  • Summit Chairman, 6th Annual Storage Week, 2012, Austin, Texas, April 3-4, 2013
  • Moderator, “Storage Policy in Texas: Comparison with California,” 2013 University of Texas Renewable Energy Institute, Austin, Texas, January 29-30, 2013
  • Presenter, “Future of Hydroelectric Generation in the Pacific Northwest,” 18th Annual Conference on Buying & Selling Electric Power in the West, January 18, 2013
  • Presenter, “Understanding Power Purchase Agreement Contracting with DoD,” 2nd Defense renewable Energy & Military Microgrids, Washington, DC, Nov. 28-30, 2012
  • Moderator, "Energy Storage for the Grid: Watchful Waiting or Perfect Storm," MIT Enterprise Forum Northwest, Seattle, Washington, May 8, 2012
  • Moderator, "Integration, Reliability, Operational and Regulatory Issues for Renewables," Wind, Solar and Storage CLE, Austin, Texas, Feb. 15, 2012
  • Presenter, "Transmission & Grid Integration", The Renewable Energy Technology Conference & Exhibition, Washington DC, Sept. 22, 2011
  • Summit Chairman and Moderator, "Developing and Financing Pumped Hydro Projects," Storage Week, 2011, San Diego, California, July 13, 2011

Solar

  • Representing an energy storage and solar developer in the negotiation of solar + storage distributed energy PPAs in Hawaii.
  • Representing an energy storage and solar developer in the due diligence review of distributed solar PPAs in Hawaii.
  • Represented residential solar developer in review and revision of form third party solar financing agreement under South Carolina law.
  • Represented a solar developer in the negotiation of power purchase agreements for four 80 MW solar projects located in Utah.
  • Represented a major solar developer in connection with the negotiation of a power purchase agreement, interconnection agreement and site lease for a 20 MW utility scale solar project in Arizona.
  • Represented project purchaser in performing due diligence review of power purchase agreement for a 7.4 MW solar project in New England.
  • Represented a solar energy developer in the due diligence review of a power purchase agreement (PPA) for a five (5) MW solar energy project in Connecticut.
  • Represented a US renewable energy developer in acquiring a 5 MW solar energy project under development in Oregon.
  • Represented the US subsidiary of a Spanish solar energy developer in the sale of a portfolio of California solar projects.
  • Represented a US renewable energy developer in the negotiation of a development agreement for a solar project in Hawaii.
  • Represented a major US renewable energy developer in analyzing and preparing comments on a pro forma PPA for a solar project in Hawaii.
  • Advised a municipal utility in connection with a power purchase agreement for the output of a 5MW solar project in the Midwest.

Wind Energy

  • Represented project developer in negotiation of power purchase agreements for an approximately 147MW wind project located in Maine.
  • Represented a municipal utility in the negotiation of a power purchase agreement for the output of a 100MW wind farm in Oklahoma.
  • Advised a municipal utility concerning a power purchase agreement for the output of a 100.5 MW wind project under development in the United States.
  • Represented an independent power producer in the acquisition of an approximately 100MW operating wind project in the Midwest.
  • Represented a large investor owner utility in negotiating a power purchase agreement (PPA) to purchase the energy and environmental attributes from a 50 MW wind energy plant located in Wyoming.
  • Represented one of the largest wind developers in the United States in negotiating a PPA and associated credit guarantees to buy the energy and environmental attributes from a 300 MW wind plant located in Oregon and Washington.
  • Represented one of the largest wind developers in the United States in negotiating a series of back-to-back power purchase agreements to "slice" and sell the output of a 300 MW wind energy plant to the Bonneville Power Administration, Seattle City Light, Eugene Water & Electric Board and other offtakers.
  • Represented one of the largest wind developers in the United States in the negotiation of a power purchase agreement (PPA) and associate guarantees to buy all of the output of a 150 MW wind plant located in California.
  • Represented one of the largest wind developers in the United States in negotiating a series of back to back power purchase agreements (PPAs) to "slice" and sell the output of a 150 MW California wind plant to various municipalities and municipal utilities in California.
  • Represented a major investor owner utility in negotiating a power purchase agreement (PPA) to purchase the energy and environmental attributes from a 41 MW wind energy plant located in Oregon.
  • Represented one of the largest wind developers in the United States in negotiating a power purchase agreement (PPA) to purchase the output of a 150 MW wind plant located in Wyoming.
  • Represented one of the largest wind developers in the United States in negotiating a power purchase agreement (PPA) to "slice" and re-sell the energy and environmental attributes a 150 MW Wyoming wind plant to various municipal utilities in Utah and California.
  • Represented one of the largest wind developers in the United States in negotiating a power purchase agreement for the sale to a California investor owner utility (IOU) of the energy and environmental attributes produced by a 66 MW wind energy plant located in California.
  • Represented a major wind developer in negotiating a power purchase agreement for the sale to a California investor owned utility (IOU) of the energy and environmental attributes generated by a 45 MW wind energy plant in California.
  • Represented a major wind power developer in negotiating and closing an asset sale agreement and a build-transfer agreement governing the sale and construction of a 100.5 MW Kansas wind project to a major Midwest investor owned utility (IOU).
  • Represented a major wind power developer in negotiating and closing an asset sale agreement governing the sale and construction of a 50 MW Washington wind project to a California public power authority.
  • Represented a major US wind developer in negotiating a power purchase agreement for the sale to an Idaho investor owner utility (IOU) of the energy and environmental attributes produced by a 103 MW wind energy plant located in Oregon.
  • Represented a major wind power developer in restructuring and closing an asset sale agreement and an engineer, procure and construct (EPC) agreement governing the sale of a Washington wind energy project to a major Pacific Northwest investor owned utility (IOU).
  • Represented a major wind developer in negotiating a power purchase agreement and associated shaping and firming arrangements for the sale to a California investor owned utility (IOU) of the energy and environmental attributes produced by a 103 MW wind energy plant located in Oregon.

Energy Storage

  • Represented an energy storage developer in the negotiation of an energy storage agreement (tolling PPA) in connection with Southern California Edison’s Local Capacity Requirement RFO.
  • Represented a major energy storage developer in reviewing and commenting on PG&E’s form of energy storage PPA in connection with 2015 RFO.
  • Representing an energy storage and solar developer in the negotiation of solar + storage distributed energy PPAs in Hawaii.
  • Represented an energy storage developer in commenting on utility’s proposed form of agreement in Hawaii energy storage RFP.
  • Represented the National Hydropower Association in the preparation of comments filed by NHA in response to the Federal Energy Regulatory Commission’s notice of intent and subsequent notice of proposed rulemaking on the treatment of energy storage facilities (including pumped storage hydro) in certain markets (Order 784).
  • Represented the developer of a grid-scale pumped storage hydropower facility in California, in preparing a white paper entitled ”White Paper on Removing Federal Barriers to Grid-Scale Energy Storage.”

Geothermal/Biomass

  • Represented a major investor owned utility in re-negotiating a steam supply agreement, a series of steam prepayment agreements, production payment agreements, trust deeds and other documents relating to securing the steam supply required to operate a geothermal steam plant located in Utah.
  • Represented a Pacific Northwest lumber company in the negotiation of a power purchase agreement (PPA) to sell the energy from a 7 MW Washington biomass plant to a public utility district.
  • Represented a Pacific Northwest lumber company in the negotiation of a funding agreement with The Energy Trust of Oregon for a small 1.2 MW biomass power plant.
  • Represented a Missouri landfill gas project in connection with a proposed power purchase agreement with KCP&L.

Hydroelectric

  • Represented the owner of an Oregon hydroelectric facility in connection with a tax equity investment in an approximately 8 MW project.
  • Represented a utility in negotiating a Dam Management Agreement for a dam and reservoir that included a one (1) MW hydroelectric project.
  • Represented a utility in negotiating and closing the sale of a dam and reservoir that included a one (1) MW hydroelectric project.
  • Represented an independent power provider in the performance of due diligence on the Ambuklao Dam and Reservoir, Philippines, in connection with a proposed reservoir rehabilitation, power purchase agreement and associated project financing.
  • Represented a utility in the negotiation of various settlement agreements and real estate transactions related to the re-licensing of several hydroelectric projects.
  • Represented a utility in the proposed sale of a Montana hydroelectric facility.
  • Represented a utility in negotiating the buyout and termination or restructuring of several power purchase agreements for small hydroelectric “qualifying facility” power plants located in the Pacific Northwest.
  • Represented a large retail load in the drafting and negotiation of an acquisition agreement and an engineering, procurement and construction agreement for small “in conduit” hydroelectric facilities to be located in the Pacific Northwest.

Natural Gas

  • Represented a major US energy developer and power marketer in the negotiation of a long-term power purchase agreement, operation and maintenance agreement, construction management agreement, and related documents for a 450 MW gas-fired cogeneration facility located in Oregon.
  • Represented a major US energy developer and power marketer in selling "slices" of part of the output of a gas-fired cogeneration facility to several qualified governmental purchasers.
  • Represent the owner of a gas-fired peaking facility in the negotiation of a power purchase agreement with a Colorado utility for the purchase of output and capacity.
  • Represent the owner of a gas-fired peaking facility in the negotiation of a power purchase agreement for the sale of energy and capacity to a California utility.
  • Represented a major Canadian power plant developer in the negotiation of a power purchase agreement and other project agreements for a gas-fired power plant under development in Alberta.
  • Represented acquirer in due diligence review and evaluation of tolling power purchase agreement between plant owner and Southern California Edison.

Carbon Offset

  • Represented a major gas utility in negotiating a carbon offset funding and purchase agreement to support customer greenhouse gas offset program.

Regulatory

  • Represented a major renewable energy developer in preparing and submitting comments and reply comments to the California Public Utility Commission (CPUC) on the implementation of new portfolio content categories for California's renewable portfolio standard program.
  • Represented a national industry association in the preparation and submission of comments in response to a Federal Energy Regulatory Commission (FERC) notice of inquiry concerning ancillary services and electric energy storage.