Energy Project Development & Transactions

know the
ins and outs

In today’s challenging economic and regulatory climate, energy projects and transactions can be complex, requiring lawyers who understand the unique regulatory issues and how to remove obstacles to structure economically financeable projects.

Grounded in the complex details of the energy industry and the inner workings of the Federal Energy Regulatory Commission (FERC), we quickly understand the challenges and required solutions in the context of our clients’ business. We have played a significant role in all aspects of developing energy projects, including electric generation facilities, electric transmission facilities, and natural gas pipelines and storage facilities. We have represented and advised vertically integrated utilities, independent electric transmission companies, independent generators, including developers of renewable energy projects, gas transmission and storage companies, and other project developers in:

  • Permitting and certificating new and expansion projects
  • Negotiating and documenting capacity sales and energy sales agreements, as well as developing tariffs for transmission service
  • Structuring projects and conducting proceedings at FERC to obtain incentive rates of return on equity invested for new electric transmission facilities
  • Structuring and documenting collaborative arrangements among sponsors,particularly for projects with regional scope, including tenancies in common and joint ventures
  • Facilitating equity funding arrangements
  • Counseling regarding requests for proposals for engineering, procurement and construction
  • Documenting these and related contracts
  • renewable energy
  • interconnection and other specialized agreements
  • purchase/sale and trading contracts
  • certificates

The intermittent nature of renewable energy (such as wind and solar) presents challenges, even as renewable energy plays an increasing role in the United States energy mix. Our significant experience addressing such challenges includes, in both centralized and bilateral markets, dynamic integration, short-term firming and integration with capacity margin criteria. These challenges also arise in the negotiation and documentation of short- and long-term power sales agreements. We also have substantial experience with challenges related to interconnections with traditional utilities and within regional transmission organizations.

We have handled numerous generation interconnection agreements and the associated facilities construction agreements on behalf of transmission providers (regional transmission organizations or utilities) and generators alike, and also have a long history of experience in wires-to-wires interconnections at transmission and distribution voltage levels. In addition, we have substantial experience in documentation of specialized interconnection arrangements such as firming, energy exchange and pseudo-ties.

Not only are we exceptionally experienced negotiators and drafters of contracts for the sale and purchase of electric energy and natural gas, including enabling contracts, long-term power purchase agreements and tolling agreements, fuel supply agreements and storage arrangements, our team of energy lawyers also provides guidance regarding FERC and Commodity Futures Trading Commission (CFTC) regulation of energy trading.

With extensive experience in securing certificates of public convenience and necessity for new and expanded interstate pipeline and storage facilities, we have been at the forefront of several of the largest jurisdictional infrastructure projects constructed during the past twenty years. Our strategic role in these matters includes:

  • counseling regarding conducting open seasons and negotiating precedent agreements and other contracts; analyzing issues concerning state vs. federal jurisdiction
  • assembling, presenting and defending all elements necessary for a sufficient application and ultimate approval of the required certificate; advising on sufficiency of descriptions of facilities and proposals; assisting in evaluating pricing and rate design options
  • preparing explanations of derivation of cost of service and initial rates; providing justification for negotiated and/or market-based rates
  • evaluating and defending landowner, safety, economic and environmental issues; shaping agency environmental review of the application
  • providing legal oversight of environmental compliance and reporting during construction; advising and providing litigation support regarding condemnation

  • Ameren Illinois Company
  • Ameren Transmission Company
  • Discovery Gas Transmission LLC
  • Leader One Energy, LLC
  • Libertad Power Project, LLC
  • MarkWest Energy Partners
  • Midwestern Gas Transmission Company
  • Millennium Pipeline Company, L.L.C.
  • New Mexico Gas Company
  • Otter Tail Power Company
  • PJM Interconnection, L.L.C.
  • Roadrunner Gas Transmission, LLC
  • Southern Star Central Gas Pipeline, Inc.
  • SunZia Transmission, LLC
  • Transcontinental Gas Pipe Line Company, LLC
  • Viking Gas Transmission Company
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  • representative clients
D.C. Circuit Affirms Exclusive Jurisdiction Upon Filing of Petition for Review Under Natural Gas ActDOE Issues Notice of Proposed Rulemaking Aimed at High-Voltage Electric Transmission Line ExpansionFERC Adopts a Wide Package of Interconnection Reforms with Order No. 2023View News