Power Generation and Transmission
Our multidisciplinary projects team has deep experience and capability to provide advice and assistance throughout the entire life-cycle of a generation project from development to operation to retirement, in addition to assisting with transmission and interconnection service arrangements and regulatory compliance during the development of the project.
Our energy team has helped develop, acquire, and sell energy-generating projects around the world, including in North America, South America, Europe, Australia, Asia, and Africa. Our experience extends across every segment of the industry, from utility scale projects to distributed generation. Our team has advised on the financing, permitting, construction, operation, output sales arrangements, and tax treatment of operating and development-stage energy projects on five continents. Our multifaceted financial, transactional, regulatory, and legislative approach provides renewable sector clients the business focus necessary to address complex challenges and seize emerging opportunities.
Capabilities
Entity Formation and Project Transactions
Our corporate team advises electric generation and transmission project participants in all aspects of entity structuring and organization. Our work includes:
- Transco entity structuring and organization
- Joint venture structuring and organization
- Project contracts
- Asset management agreements
- Operation and maintenance agreements
- Tax matters
Project Siting and Permitting
We advise on all aspects of real estate, land use, and site permitting for electric generation and transmission infrastructure projects. Our services include:
- Ground and air leases
- Eminent domain
- Land use and environmental permitting
- Bureau of Land Management and other federal land management
- Indian law
- Lateral facility siting and permitting litigation
Finance
Our finance team advises on debt, equity, and project financing for new electric generation and transmission infrastructure development. Our finance services include:
- Project financing
- Equity financing
- Tax equity financing
- Project bond financing
- Mezzanine financing
- Construction financing
- Sale-and-leaseback arrangements
- Lease-purchase arrangements
- Export Credit Agency
- Securitization
Construction
We represent electric power infrastructure project developers and construction contractors in a wide range of construction-related matters, including the preparation and negotiation of contracts, the formation of public-private partnerships, and the prosecution, defense, and resolution of disputes. From project development to litigation of construction claims, we offer a full spectrum of construction services, including:
- Requests for proposals
- Engineering, procurement and construction contracts
- Design, build, operate and maintain contracts
- Subcontractor issues
- Government contracts
- Construction litigation
Operation and Maintenance (O&M Agreements)
We provide clients competitive advantages with assistance in contract negotiations, contract preparation, and coordination and structuring collaborative procurement arrangements, such as joint ventures, alliancing and teaming agreements, partnering, and integrated project delivery. The firm advises clients on the drafting and negotiation of all forms of industry contracts, including:
- Operation and maintenance agreements
- Securing permits
- Interconnection agreements
- Transmission rights
- Power purchase agreements
- Construction contracts
Our team’s experience working on all dimensions of power projects allows us to serve as a one-stop-shop for the full range of energy project financing needs, from legal due diligence to preparation and negotiation of agreements for a wide variety of financing structures. We understand the issues in underlying power purchase agreements, O&M agreements, real estate documents, and other key transaction documents that affect project financeability. Having represented both lenders and power project developers, we have a deep, practical understanding of the issues that can impact future revenue - not just in the short term, but many years after the initial financing.
Regulatory Approval
Our energy regulatory lawyers advise on all aspects of federal and state regulatory matters, including with respect to the Federal Energy Regulatory Commission (FERC), regional transmission organizations (RTOs), the North American Electric Reliability Corporation (NERC), and state public utilities commissions. Our regulatory services include:
- FERC regulatory compliance at project formation and thereafter
- Planning and cost allocation issues, including FERC Order No. 1000 compliance
- Transmission rates and contracts
- Interconnection agreements
- RTO tariff requirements and compliance
- NERC compliance and audits
- Certificates of public convenience
Thought Leadership
Qatar has one of the fastest-growing economies in the world. To meet the demands of its rapid economic growth and to diversify away from the hydrocarbons industry, international investors are increasingly seeking to establish a presence in Qatar.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.
While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful challenges against agency actions, the decision will impact all stages of the public policy lifecycle—legislation, regulation, and only then litigation.
In a landmark ruling with far-reaching consequences for federal agencies and the regulated community, the Supreme Court overturned the 40-year-old Chevron doctrine.