Our attorneys offer decades of experience serving independent power developers, financing parties, utilities, large landowners, renewable energy developers and offtakers, customers with large energy needs, and others involved in nearly every aspect of the energy industry at the state, regional, and federal levels. We work with clients on the development and production of electricity, oil, natural gas and other conventional fuels, biogas, and associated environmental attributes from conventional and renewable energy sources. We have extensive experience with hydropower, solar, wind, energy storage, transmission, and other projects. Our practitioners have prior in-house counsel experience and are known for giving practical, effective and efficient advice and finding creative ways to help clients achieve their business goals.
Energy Regulation
We routinely advise participants across the electric industry on the federal energy regulatory aspects of their business and help develop strategies to achieve their commercial objectives while maintaining compliance with the Federal Power Act, Public Utility Holding Company Act, the Public Utility Regulatory Policies Act, and state and federal regulations. Drawing on our experience and expertise, we counsel companies and institutions on satisfying energy needs, meeting sustainability goals, and on behind the meter generation options. We assist buyers and sellers of energy assets with due diligence and with state and federal approvals for the change in ownership, and we work with independent energy project developers and operators to negotiate Power Purchase Agreements, Interconnection Agreements and other necessary operational approvals. We represent trade associations on state and federal levels that advance the interests of renewable energy, distributed generation, and the advanced energy sectors. We routinely participate in administrative regulatory cases such as rate cases, integrated resource plan cases, renewable energy planning, and other administrative adjudications before state and federal energy regulatory agencies (including the Federal Energy Regulatory Commission, the North American Electric Reliability Corporation, the U.S. Department of Energy, and state public service commissions). We also help clients to promote their interests and shape public policy through public comment and rule-making proceedings at both state and federal levels.
Tax and Financing
Our expert attorneys regularly advise companies that are pursuing public grant funding and tax incentives to support the transition to renewable energy sources and reduce greenhouse gas production, including solar and wind projects, biofuels, battery storage, hydrogen, and other emerging technologies. Working with a diverse group of private and public companies, non-profits, and individuals on legislative and regulatory developments related to the renewable energy tax incentives in the Inflation Reduction Act of 2022 as well as the new tax rules that allow the sale of tax credits and provide refundable tax credits to a wide range of tax-exempt entities, we assist our clients in achieving their financial and sustainability goals.
In addition, we regularly assist consumer product companies, customers, and utilities on energy efficiency incentive programs, standards and labeling requirements.
Interconnection and Energy Markets
Our practitioners have extensive experience with regional electric transmission organizations providing open-access transmission service and operating day-ahead and real-time energy markets, and with transmission planning and generation interconnection issues, especially involving the development of renewable energy resources in less robust areas of the electric grid. This experience includes negotiation and implementation of interconnection service agreements and engineering, procurement, and construction contracts and related project development work.
Project Development
We represent developers, landowners, and lenders in all aspects of project development. At the commencement of a project, we assist with the preparation and negotiation of land control instruments, including ground leases, easements, purchase contracts, and option agreements. We then assist in due diligence, including working closely with surveyors, title insurance companies, and consultants to identify and address hurdles to the project. We also have significant experience in structuring, negotiating, and documenting project offtake arrangements, including power purchase agreements and agreements governing the participation in wholesale energy markets. Finally, we work to negotiate and close many forms of energy finance, including limited and non-recourse loans.
Energy Efficiency
The drive toward increasing the efficiency of energy use continues to be a critical component to energy policy in the United States. PLG attorneys can help manufacturers, distributors and customers navigate the evolving landscape of labeling requirements, efficiency standards and certifications, such as EnergyStar, DOE efficiency standards, FTC labeling requirements. We also guide utilities and businesses seeking to access financial incentives and assistance for energy efficient products and improvements through rebates, tax credits and financing programs.