FERC Adopts Policy on Allocating Capacity for New Transmission Projects and Proposes Simplified Interconnection Policy for Small Renewable Projects
New California Energy Law Could Mean More Renewable Projects
New FERC Chair Will Maintain Consumer-First Approach
Michael S. Hindus
Mr. Hindus is a partner in the law firm's Finance practice and is located in the San Francisco office. He has practiced energy law for 30 years and assists clients in all aspects of energy project development and commercial operation, including interconnection agreements, project finance, power purchase agreements, disputes, and mergers and acquisitions, as well as advising financial institutions on the significance of regulatory, legislative and judicial developments.
His clients include utilities, generators, renewable energy developers, independent transmission companies, private equity funds, investment banks, and power marketers in matters concerning transmission, interconnection, affiliate rules, retail access, commodities trading and power sales contracts. Mr. Hindus represents rooftop PV and concentrated solar power developers, wind power developers, and ethanol developers in responding to requests for proposals for meeting utilities' renewables portfolio standards. For 15 years he represented a large combined gas and electric utility in all aspects of regulatory law before state and federal agencies, including the California Public Utilities Commission and the Federal Energy Regulatory Commission.
Mr. Hindus is admitted to practice in California only; he is not admitted to practice in the District of Columbia.
Alternative Energy Projects
- Counsel to the purchaser of two solar projects, a 709 MW project and a 20 MW project.
- Counsel to CalPortland Company in the development of a 25 MW behind-the-fence wind energy project.
- Counsel to CalPortland Company in negotiating Master Lease, LLC, and Equity Capital Contribution Agreements for the development of 400-600 MW of wind energy selling power to Southern California Edison Company.
- Counsel to California Ethanol and Power LLC in developing a sugar cane-based ethanol facility to produce ethanol and 40 MW of power.
- Counsel to San Joaquin Solar LLC in developing 106 MW hybrid biomass-solar thermal facility in California for sale of power to Pacific Gas & Electric Company.
- Counsel to Clean Energy Systems in developing 40 MW power plant selling to PG&E using carbon capture and storage technology.
- Counsel to LightSource Renewables LLC in developing PV solar projects in the Imperial Valley for sale to California utilities.
- Counsel to Regency Centers LP in negotiating master rooftop solar agreement for over 100 shopping centers.
- Counsel to Federal Realty Investment Trust in negotiating agreement for rooftop solar facilities for shopping centers.
- Advised Union Bank of California on restructuring of financing for Wailuku River Hydroelectric Project.
- Counsel to Chevron Energy Solutions on solar thermal power purchase agreements and joint ventures for solar development.
- Counsel to Los Angeles Unified School District in obtaining eight rooftop PV solar systems.
- Counsel to Los Angeles Unified School District in negotiating power purchase agreement for 1 MW rooftop solar system.
- Counsel to Sempra Energy in potential joint venture with Acciona to develop solar projects in Arizona and California.
- Counsel to potential joint venture partner in negotiating 500-800 MW SES Solar One power purchase agreement with Southern California Edison.
- Counsel to Bethel Energy in negotiating 40 MW solar thermal power purchase agreement for sale to San Diego Gas & Electric Company.
- Counsel to KES Kingsburg cogeneration facility.
- Counsel to Goal Line Cogeneration in power purchase agreements and asset sale.
- Counsel for PacifiCorp in developing 535 MW combined-cycle gas-fired Lake Side Power Plant in Utah, including Asset Purchase and Sale Agreement, EPC contract, financing documents, environmental due diligence, and insolvency litigation.
- Counsel to Alliance Colton Power in power purchase agreements.
- Counsel to BNP in private placement offering for 400 MW Panoche gas-fired power plant.
- Counsel for Rockland Capital in an acquisition of coal-fired power plant from Atlantic City Electric Company.
Oil and Gas
- Counsel to Qatar Petroleum in regulatory and commercial issues concerning the Golden Pass LNG Terminal and related pipeline.
- Counsel to Qatar Petroleum in negotiating regulatory and commercial arrangements for potential participation in Elba Island LNG Terminal and Elba Express Pipeline.
- Counsel to Valero in oil pipeline proceedings before the California Public Utilities Commission
- Counsel to Marubeni in potential acquisition of a natural gas pipeline in Nebraska.
- Advised Mitsubishi concerning potential investment in LNG project.
- Counsel to PacifiCorp in negotiating transmission agreements with Public Service Company of Colorado and Arizona Public Service Company.
- Counsel to Trans-Elect in development of Path 15 transmission upgrade in California, (Project Finance Magazine's Deal of the Year).
- Counsel to Mitsubishi Heavy Industries in evaluating transmission issues involved in the purchase of 11% interest in Comanche Peak Nuclear Power Plants 3 and 4.
- Counsel to Tenaska on Large Generation Interconnection Agreement.
Retail Energy Transactions
- Represented Los Angeles Unified School District in energy auction, retail contracts for electricity and gas, and disputes over direct access contract..
- Represented Anheuser-Busch Company in negotiating direct access contracts for electric service.
- Represented Spear Street Capital in electricity issues involved in its purchase of the Legacy Park campus in metropolitan in Dallas, Texas.
- Represented CalPortland Company in disputes with retail energy suppliers.
- Advised Home Depot on retail gas contracts.
- Represented AT&T in negotiating direct access electricity contract for over 6,000 accounts.
- Advised Provident Financial on direct access contract.
- Advised Dollar General on retail electricity contract.
California Energy Commission Proceedings
- Represented City of Hayward in Eastshore Energy Center Application.
- Represented Sensormatic Electronic Corporation in connection with regulations for external power supplies before the California Energy Commission and the U.S. Department of Energy.
- Represented the Tile Roofing Institute in energy efficiency proceedings before the California Energy Commission.
- Represented Sacramento Municipal Utility District in claim against California Independent System Operator for payment for reliability services.
- Represented PacifiCorp in claim against California Independent System Operator for recovery of counterflow scheduling costs.
- Represented Chevron Energy Solutions in dispute with Solano County over energy services contract.
- Represented Chevron Energy Solutions in dispute with Southern San Joaquin Valley Irrigation District over energy services contract.
- Represented Chevron Energy Solutions in dispute with Hess Microgen over cogeneration equipment.
- Represented PacifiCorp in antitrust arbitration concerning a geothermal project.
- Represented Northern California Presbyterian Homes and Services in dispute over cogeneration operating and maintenance agreements.
- Counsel to Holox Technologies in negotiating venture capital financing.
- Counsel to PMC Biotec in development of waste-to-energy projects.
- Represented Sun Microsystems in development of a dedicated electric substation to be built by Silicon Valley Power.
- Represented Eagle Valley Development Company in formation of water utility related to residential development project in Orange County.
- Represented COMSA EMTE SA in establishing a US subsidiary.
- Chambers USA, Energy: State Regulatory & Litigation—California (2007-2013)
- PLC Which Lawyer?, Energy & Natural Resources—San Francisco & Silicon Valley (2008-2012)
- Who's Who Legal, Oil & Gas—San Francisco (2010)
- Guide to the World's Leading Energy & Natural Resources Lawyers, Euromoney/Legal Media Group (2007-2008, 2010)
- BTI Client Service All-Star (2006)
U.S. Supreme Court, U.S. Court of Appeals (D.C. Circuit, Ninth Circuit), Northern District, California