The Energy industry is undergoing enormous change. The development of shale gas positions natural gas as the fuel of the future. The penetration of solar continues to expand. EPA has been charged with tackling greenhouse gas emissions, with particular focus on the energy sector. Major improvements to the electric grid and development of new generating capacity are being undertaken. And your organization is right in the middle of it.
We too are deeply involved and are constantly looking at what’s next in the sector. From regulation to project development and finance, transmission and interconnection issues, we’re ahead of the curve. Our collaborative approach, extensive resources and critical knowledge of trends set us apart.
The types of energy facilities we work with are as diverse as our clients. And we don’t just manage risk, we find solutions because we know the industry inside out.
And while we’ve been at the forefront of the industry for the past 75 years, we’ve built a team that’s fit for and focused on the next 15 years.
Electric and Gas Utilities—We provide comprehensive legal services to regulated electric and gas utilities, ranging from state and federal energy regulatory matters to environmental compliance, real estate, litigation and corporate and commercial issues.
Independent Power Producers—We represent developers and operators of electric generating facilities powered by natural gas, oil, coal, atomic energy, municipal solid waste, hydro, wind, biomass and solar.
Renewable Energy Developers—We are involved in all aspects of the renewable energy business, working for developers and investors on solar, wind, geothermal, waste-to-energy, biomass and biofuel, fuel cell, tidal and hydroelectric projects.
Natural Gas Pipelines—We permit natural gas pipeline projects and negotiate gas supply, transportation and storage agreements on most of the interstate natural gas pipelines in the U.S.
Electric Transmission Owners—We are heavily involved with new transmission throughout the U.S., including in California ISO, Midcontinent ISO, Southwest Power Pool, NYISO, ERCOT and ISO New England.
Public Power Entities and Cooperatives—We help public power entities to develop and finance new generation and transmission, often in partnership with other public power entities and investor-owned utilities.
Equity and Tax Equity Investors—We represent large financial institutions, banks, private equity funds and other project investors and lenders.
Universities—We assist a variety of large public and private universities, university medical centers and small private colleges with their energy needs.
- CapX 2020, a $1.7 billion, 700-mile long electric transmission project of 11 transmission-owing utilities to expand the electric transmission grid in the upper Midwest. As Project Counsel, Nixon Peabody represents all 11 utilities in the drafting and negotiation of the key governance and project development documentation. We work with each of the utilities and financing parties as necessary to ensure compliance with each owner’s lending requirements and regularly give advice and counsel on a range of implementing documentation necessary for closing and construction of the project. Our attorneys have advised the owners on antitrust, bankruptcy and procurement issues in connection with the development of the project. Two of our lawyers were honored as “2011 Dealmakers of the Year” by The American Lawyer in connection with this project.
- Prairie State Generating in connection with the successful negotiation of a target price EPC Agreement in the Prairie State Energy Campus Project. The project is an approximately 1600 MW two-unit, mine-mouth supercritical coal-fired electric generating facility in southern Illinois. In addition, we negotiated the terms of the major equipment procurement packages for the project and represented the public power owners in connection with the Sierra Club’s challenge to the project’s PSD permit.
- Trans Bay Cable, the project developer, in negotiating the EPC and site preparation agreements and by consulting on all transmission and interconnection issues in the development of this transmission project, including obtaining FERC approval of incentive rates. Responsibilities include: (a) negotiating with the California ISO and the three California investor-owned utilities regarding an amendment to the Transmission Control Agreement to admit Trans Bay Cable as a participating transmission owner under the California ISO Tariff; (b) negotiating an amendment to the California ISO Tariff to address the revenue recovery of the costs of low-voltage transmission facilities built by non-load serving transmission owners; (c) negotiating with PG&E an Interconnection Agreement, Special Facilities Agreement and Substation License Agreement; (d) preparing and negotiating with the California ISO the terms and conditions of Trans Bay Cable’s Transmission Owners Tariff; and (e) obtaining FERC approval of the foregoing.
- Recognized by Chambers USA: America’s Leading Lawyers for Business for Energy. In fact, our Energy practice has been consistently ranked by Chambers USA since 2005. One of our attorneys is also listed as a Notable Practitioner for Projects Nationwide.
- Ranked Nationally by U.S. News/Best Lawyers for Energy Law.
- Additionally, several members have been ranked by Chambers Global, Best Lawyers and Super Lawyers.
- Two of our Energy lawyers were honored as “Dealmakers of the Year” by The American Lawyer for our work closing the first two Plum Point Regional Deals and the $1.7 billion, 700-mile long CapX2020 Utilities Projects throughout the Upper Midwest, a first of its kind in the U.S., in the upper Midwest.
- One of our Energy lawyers co-authored International Project Financing, 4th edition, the leading reference on the subject of major energy and infrastructure project finance.
- Our attorneys represented a key investor in connection with the $1 billion project financing of the Astoria II project in New York, which was named North American Single Asset Power Deal of the Year by Project Finance Magazine in 2009.
- Shades of Green: New Department of Defense Renewable Energy Commitment Presents Significant Opportunities (and Risks) for Developers
Contract Management | November 1, 2013
This article authored by New York City Energy & Environmental partner Ellen Friedman and Washington, DC, Securities associate Tiana Butcher notes increasing efforts by the U.S. Army to attract private developers to construct and own large-scale renewable power projects at army installations and the inherent challenges and risks associated with federal procurement contracting.
- Deconstruction Keeps Value and Dollars in DC's Neighborhoods
Elevation DC | October 29, 2013
Washington, DC, Energy & Environmental partner Elizabeth Whittle is featured in this article on “deconstructing” rather than demolishing a home. Read the full article here.
- Structured Approach Can Help Solar Developers Fulfill Promise of Brownfields
Bloomberg BNA Energy and Climate Report | October 3, 2013
Albany Energy and Environmental counsel Pete Trimarchi discusses some of the significant obstacles to the development of a utility-scale solar project on a brownfield site.