Representative Experience

  • Advised SoftBank Group Corp. on a significant strategic investment in Nemaska Lithium Inc., providing the Canadian company with gross proceeds of up to CAD $99 million.
  • Successfully defended Duke Energy against Westinghouse’s $482 million claim for termination costs resulting from the termination of an EPC agreement for the Levy County nuclear power plant after bench trial in federal court.
  • Represented JX Nippon Oil & Gas on the development and project financing of a $1 billion carbon capture and sequestration, pipeline and enhanced oil recovery project in Texas.

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  • Nuclear Energy
    • Represented ENEC on a $20 billion project to develop four new nuclear plants in the UAE and MHI on a number of major nuclear energy-related matters.
    • Advised Akkuyu NPP Power Generation in the development of its nuclear power plant project in Turkey.
    • Represented Duke Energy regarding Levy County Nuclear Plant Units 1 & 2 in COL application preparation and proceedings, in responding to contentions, and in Atomic Safety and Licensing Board and NRC commissioners’ hearings.
    • Advised a number of U.S. utilities, including Entergy, Exelon, Ameren, Dominion, Duke, Xcel Energy, Southern Company and PSEG, on export compliance matters.
  • Power Generation and Transmission Projects
    • Represented major investor-owned utilities and other intervenors in merger proceedings.
    • Advised major independent power producers on issues regarding cost recovery for “reliability must run” units.
    • Represented several utilities (American Electric Power, the New England Electric System and Consolidated Edison New York) in federal litigation before the U.S. Supreme Court regarding the Public Utility Holding Company Act of 1935 and PURPA.
    • Advised competitive retail service providers regarding their ability to obtain access to transmission.
    • Represented Dynegy and nine of the other 10 largest wholesale electric power marketers in the United States in FERC proceedings to expand open access transmission capacity.
  • Energy Markets Regulation
    • Pioneered implementation of the first major federal emissions trading regime under Title IV of the Clean Air Act (involving trading of SO2 emission allowances). Subsequently advised 20+ affected utilities on emissions trading strategies and related transactions.
    • Advised the U.S. nuclear power industry trade group on FERC’s ability to provide financial support of the nuclear power industry using existing federal legislation.
    • Drafted state legislation in Indiana for preapproval of environmental compliance expenditures that has subsequently been used as a model for legislation in more than 20 other states.
    • Represented the electric utility with the largest FERC jurisdictional revenues in annual ratemaking proceedings for more than a decade.
    • Advised the largest U.S. coal company on potential impacts of state and national greenhouse gas emissions restriction initiatives on its business.
    • Served as lead attorney for a power plant owner in the largest power plant outage case considered by FERC.
    • Advised generators, including Exelon and leading independent power producers, on issues related to transmission access before FERC.
    • Advised major independent power producers on issues regarding cost recovery for “reliability must run” units.
    • Represented American Electric Power, the New England Electric System and Consolidated Edison New York in federal litigation before the U.S. Supreme Court regarding the Public Utility Holding Company Act of 1935 and PURPA.
    • Advised competitive retail service providers regarding their ability to obtain access to transmission.
    • Represented major investor-owned utilities in a series of major FERC rulemaking proceedings addressing FERC’s policies regarding treatment of Construction Work in Progress, PURPA, tax normalization and recovery of investments in abandoned plant.
  • Renewables
  • Solar
    • Represented Dutch pension manager APG Asset Management NV in its purchase from Quinbrook Infrastructure Partners of a major stake in what is expected to be the largest solar project in America.
    • Represented a multinational energy corporation regarding acquisition of, and its tax equity investment in, solar power generating facilities valued from $16 million to $25 million located in California, Texas and Arizona.
    • Represented one of the largest solar energy project companies in the world in its entry into Japan and projects utilizing the Japanese Feed-in Tariff.
    • Advised Tenaska in connection with the development and financing of ISEC South and ISEC West, two solar PV power projects totaling 450 MW in the Imperial Valley.
    • Served as counsel to EPC contractors in developing the 354 MW SEGS project in the Mojave Desert and continue to represent the major owner.
    • Advised Los Angeles Unified School District in connection with the development of more than 30 PV solar projects on school and administrative sites.
  • Wind
    • Represented CMS Enterprises in the acquisition of a majority stake in the Aviator Wind project, the largest single-phase and one-site onshore wind development in the United States, with 191 wind turbines and total energy output of around 525 MW.
    • Advised the leading North American developer and operator of wind farms regarding a construction and turbine loan, as well as a contemporaneous agreement to purchase the facility upon completion.
    • Represented Idaho Wind Partners in connection with the financing and operations of a 183-megawatt portfolio of 11 wind power generating facilities in Idaho that benefited from the Cash Grant Program.
    • Represented America’s largest wind power generator in connection with the securitization of wind power purchase agreement revenues from a portfolio of six wind farms located in California, Texas and Pennsylvania.
    • Advised Japanese trading company in connection with the Atlantic Wind Connection, a multibillion-dollar transmission project to build an underwater transmission line along 350 miles of the Atlantic Seaboard.
  • Geothermal
    • Counseled a leading industrial company in connection with the structuring of a cash equity investment in a portfolio of geothermal projects in Germany.
    • Advised a major energy company on its tax equity investment in a 49.9 MW geothermal project in California’s Imperial Valley.
    • Counseled an investor in a 25 MW geothermal independent power project.
    • Advised a developer in the nonrecourse financing of $200 million geothermal power project in Indonesia.
  • Biomass and Biofuel
    • Represented Abengoa Bioenergy in connection with the financing and operations of a cellulosic ethanol production facility and related biomass-fired cogeneration project in Hugoton, Kansas.
    • Represented a client in its acquisition, ownership and subsequent disposition of a multijurisdictional portfolio of biomass projects.
  • Oil and Gas
    • Served as counsel to the sponsor in the development of the West African Gas Pipeline project to be located in Nigeria, Togo, Benin and Ghana.
    • Served as general counsel of the Western States Petroleum Association.
    • Served as sponsor counsel for leveraged lease financing of Richmond Refinery, a 225,000-barrel-per-day U.S. West Coast oil refinery.
    • Advised Royal Bank of Scotland plc regarding an onshore gas processing project financing to FX Energy Poland Z.O.O., the first project financing of its type in Poland.
  • LNG
    • Advised in the $3.8 billion financing of a gas pipeline and LNG liquefaction terminal in Peru; lenders included the World Bank (IFC), the Inter-American Development Bank and several export credit agencies.
    • Structured, drafted and negotiated long-term terminal services agreements in context of a client’s contracting the full capacity of the South Hook LNG Terminal in West Wales, UK and ultimate importation of a significant portion of the UK’s natural gas requirements.
    • Represented a global trading company with capacity arrangements for a proposed bidirectional LNG liquefaction and regasification terminal.
    • Represented an international company in its acquisition of a 10 percent interest in the Peru LNG project consisting of a natural gas pipeline, a regasification plant and an export terminal.
    • Represented the upstream liquefaction sponsors on bids and long-term F.O.B. sale and purchase agreements for deliveries via the proposed Guangdong and Fujian, China LNG regasification facilities.
    • Represented a U.S. terminal company with its major project agreements, including its EPC contract, terminal capacity agreements, marine services agreements and certain other major project documents.
  • Suppliers and Service Providers
    • Represented industrial company in ICC Arbitration stemming from breach of contract claim related to failure of certain components supplied to San Onofre Nuclear Generating Station, a nuclear power plant, which is being decommissioned. Asserted claims against client exceed $6 billion.
    • Represented WECTEC (formerly CB&I) in alleged retaliation claims before OSHA and the NRC concerning termination of three individuals from the Vogtle new plant construction site Access Authorization/Fitness for Duty Department.
    • Represented Combustion Engineering in obtaining the first design certification of a standard design.

Practice Area Highlights

  • Represented Archaea Energy LLC in a business combination agreement with Aria Energy LLC led by Rice Acquisition Corporation (RAC), creating the leading U.S. RNG platform.
  • Acting as interim General Counsel to Cerulean Winds on a project aiming to bring floating wind to market rapidly on an industrial scale enabling rapid decarbonization of existing offshore assets and scale up green hydrogen production.
  • Represented a petroleum company regarding insurance coverage for damages arising out of the third largest oil spill in U.S. history, river cleanup, business interruption, personal injury, injunctive relief and natural resource damages and involved U.S. and UK law.

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  • Represented Chanel for its first investment in a renewable energy transaction, funding $80 million in solar plus battery storage projects for low-income, multifamily housing.