Public Power

Overview

As an integral part of the billion-dollar U.S. electric utility industry, public power and electric cooperatives play a critical role in our nation’s economy and local communities. Their executives need access to investors and lenders to implement strategic alternatives for serving load growth, now and in the future.

With a broad knowledge of industry trends and potential roadblocks, our team can answer client questions and offer solutions to their problems. This includes developing and acquiring interest in generation projects (coal and gas), environmental permitting, financing electric system needs, and structuring and obtaining ownership interests in multi-party, large-scale generation and transmission projects.

Our strategic thinking and integrated approach combine business, public finance, environmental, and regulatory experience in a nationally recognized practice.

Representative Experience

• Bond Counsel to Multiple Public Water, Power, and Electric Agencies: Currently serve or have served as bond counsel to the Oklahoma Municipal Power Authority, Florida Municipal Power Agency, JEA, the City of Glendale’s Water and Power Department, Imperial Irrigation District, the City of Pasadena, the South Carolina Public Service Authority (Santee Cooper), Massachusetts Municipal Wholesale Electric Company, Puerto Rico Electric Power Authority, Memphis Light, Gas & Water Division, Stillwater Utilities Authority, and the Central Minnesota Municipal Power Agency
• Disclosure Counsel for the Power Authority of the State of New York, Santee Cooper, and Public Utility District No. 2 of Grant County (Wisconsin): Serve as disclosure counsel; also working with Santee Cooper in connection with their official statements and continuing disclosure requirements
• Long Island Power Authority (LIPA) and Utility Debt Securitization Authority: Firm members have served as disclosure counsel to LIPA since 2008 and the Utility Debt Securitization Authority, a bankruptcy remote issuer formed to issue debt to refund bonds issued by LIPA, since 2013
• Special Tax Counsel to Multiple Public Power Authorities: Serve or have served as special tax counsel to the Southern California Public Power Authority (SCPPA), LIPA, the Municipal Electric Authority of Georgia, Salt River Project, Public Utility District No. 2 of Grant County (Wisconsin), Northern California Power Agency, Grand River Dam Authority, and the Large Public Power Council.
• Underwriters’ Counsel For Multiple Public Power Issuers: Have served as underwriters’ counsel in connection with bond issuances for numerous public power issuers, including the Los Angeles Department of Water and Power (LADWP), the Southern California Public Power Authority, the Sacramento Municipal Utility District, the City of Rosedale’s Electric Utility, LIPA, Massachusetts Municipal Wholesale Electric Company, JEA, Orlando Utilities Commission, Grand River Dam Authority, Gainesville Regional Utilities, Kissimmee Utilities Authority, Platte River Power Authority, Nebraska Public Power District, Wisconsin Public Power Inc., Puerto Rico Electric Power Authority, Missouri Joint Municipal Electric Utility Commission, American Municipal Power Inc., Oklahoma Public Power District, and Illinois Municipal Energy Agency.

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Energy Law and Public Finance Law in the 2025 edition of Best Law Firms®.
• The Legal 500 United States 2024 editorial—ranked for Project finance - Infrastructure and PPP
• Ranked in Chambers USA for Public Finance—Nationwide and also in California, District of Columbia, Illinois, New York.
• Nixon Peabody was named by U.S. News/Best Lawyers® 2021 as “Law Firm of the Year” in Public Finance Law.
• Consistently ranked Top 10 in bond counsel, underwriter’s counsel, disclosure counsel, special tax counsel, and green bond counsel by Thomson Reuters.