Dorsey represents electric utilities, independent power producers (IPP), generation and transmission cooperatives, PURPA Qualifying Facilities (QFs), financial institutions, and manufacturers in transactions, project development, litigation, federal and state regulatory proceedings, and enforcement matters relating to the renewable energy industry.
Our deep understanding of the law and the “business” of the renewable energy sector positions the firm to successfully advise entities as they contemplate renewable energy strategies and investments. Our experience in project financing, development, and construction of renewable energy facilities is far reaching and all encompassing.
Our clients are active in a wide variety of clean energy segments, including:
We have experience in all aspects of wind project development, transactions, interconnection matters, and regulatory issues and often work with clients from the outset of the project to help their business partners define the scope and structure of a project. Our lawyers developed the concepts behind and drafted the original versions of many of the legal documents that have set the standard in wind transactions.
We deliver high quality legal services for clients focused on developing, expanding and protecting their interests in the solar renewable energy industry. Our lawyers guide clients through all aspects of successful project development, including advising on the feasibility, engineering, equipment selection, and construction phases, obtaining, negotiating, and documenting real estate and regulatory entitlements, structuring project investments and funding, and obtaining all necessary permits, authorizations and licenses for project location, construction, and operation.
Dorsey has over forty years of experience in renewable fuels. We have completed some of the largest ethanol deals in U.S. history. Our lawyers serve clients best by working as part of the strategic team and using our experience to help our clients meet their strategic goals and objectives. Our clients include:
Our lawyers have expertise in the legal needs at every stage of the development of their biofuels business.
Dorsey has helped clients develop, permit, and finance pumped hydro energy generation facilities in the western states. These complex projects involve significant federal and state permitting processes that Dorsey helps navigate for its clients. Our lawyers guide clients through all aspects of successful project development.
Over the past decade, we have worked on a number of natural gas projects, many of which were designed to balance the load with generation produced by wind and solar. Early on, many of these projects used reciprocating internal combustion engines fueled by natural gas to generate power and we worked on a number of these projects. More recently, we have started to see an increase in the number of projects utilizing turbines power by natural gas, hydrogen, or a combination of the two fuels, and we also have experience on this type of project.
Dorsey’s Federal Energy Regulatory Commission (FERC) team represents energy market participants across all sectors of the industry, including public utilities, IPPs, developers of electric/renewable power infrastructure projects, and natural gas and crude oil midstream operators and transporters. In particular, Dorsey’s FERC team has experience in the following areas of FERC electric power regulation:
In addition to having obtained regulatory approvals for over 1,000 MW of wind projects before FERC, the SDPUC, NDPSC, and MNPUC, we have:
- Represented the purchaser of the 250 MW Nobles 2 Wind Project in Minnesota.
- Represented Xcel Energy in multiple transactions, including:
- Acquisition of the 100 MW Grand Meadow Wind Project in Minnesota utilizing a transfer-build structure.
- Acquisition of two separate wind project sites (400 MW; 200 MW) located in Colorado and the parallel negotiation of the turbine supply contracts and balance of plant construction contracts, utilizing a site acquisition structure.
- Represented an independent power producer in the purchase of a wind project in Idaho.
- Counseled a renewable power developer in connection with its acquisition of a utility grade 150 MW wind project site and its negotiation of a turnkey construction and sale agreement to a utility-grade operator utilizing a build, operate and transfer structure.
- Represented NorthWestern Energy in the acquisition of the 80 MW Beethoven wind project in South Dakota.
- Represented an investor owned utility in connection with the preparation of a wind energy power purchase agreement with battery storage.
- Represented Tri-State Generation & Transmission in connection with the purchase of wind turbines.
- Represented a large provider of data services in the negotiation of wind energy virtual power purchase agreements with physical delivery options.
- Represented an independent power producer in the development of a 60 MW solar project in Minnesota.
- Represented a solar developer in connection with the construction agreements for an 80 MW solar project in Utah.
- Represented a solar developer in connection with the sale of 50% of its interest in four solar projects in Minnesota.
- Represented an independent power producer in the purchase of five solar photovoltaic projects in Utah.
- Represented an independent power producer in the acquisition, title curative and development of six solar projects in Oregon.
- Represented an independent power producer in the acquisition, title curative and development of four solar projects in Washington.
- Represented an investor in the project financing of a 40 MW utility-scale solar project, including the negotiation of a purchase option.
- Advised a solar developer in obtaining Title V transmission line easement across federal land, crossing and use of existing county roads for transmission corridor, and drafted substation ground lease located on PacifiCorp property.
- Counsel to lender in project financing of large utility-scale solar project in Minnesota
- Represented various owners and utilities in connection with the preparation of bid packages sent to prospective bidders on renewable energy construction projects, along with the drafting and negotiation of Engineering, Procurement and Construction Agreements for various large scale wind projects (80-600 MWs each), methane gas capture and generation, and solar generation projects.
- Represented a public power agency in connection with development and implementation of community solar program, including development, drafting and negotiation of program documents, member participation agreements and customer subscription agreements.
- Represented a lender in connection with project financings for multiple solar energy projects.
- Represented developer of a 125 million gallon ethanol facility in Montana with respect to the $275 million project financing of the facility.
- Represented oil company in the purchase of a 100 million gallon idled ethanol facility and the start-up of that facility. We also represented the oil company in connection with a non-recourse project financing of $82 million provided by the sellers.
- Represented the developer of a corn processing facility in Iowa that will produce 100 mgy of ethanol, corn-oil and animal feed using state-of-the-art corn fractionation technology. Our involvement as project counsel includes legal work involving business formation, tax credits and incentives, equity financing, debt financing, marketing contracts, and the EPC contracts.
- Represented a large ethanol production facility in connection with their member marketing agreements, analysis of cooperative tax issues, equity financing issues, organizational documents, real estate issues, permitting issues, transportation (rail car) leases, natural gas supply contracts and construction contracts.
- On-going general representation of an ethanol producer with facilities in Iowa and Michigan, including environmental permitting matters, additional equity raises and debt restructuring, and various facility upgrades.
- Represented RNG producers in regulatory proceedings involving gas quality standards disputes.
- Represented RNG producer in connection with pipeline interconnection issues.
- Represented RNG producer at Environmental Protection Agency in FOIA requests concerning Renewable Fuel Standard and RIN transactions.
- Counsel to the purchaser in the acquisition and project financing of a 100 million gallon ethanol production facility in North Dakota.
- Counsel to owner of biomass cogeneration facility in Florida in connection with financing and restructuring of tax-exempt bond senior debt, subordinated debt and preferred stock.
Pumped Hydro Energy
- Representing rPlus Energies in development of a pumped hydro energy storage and generation project in Nevada
- Representing rPlus Energies in development of a pumped hydro energy storage and generation project in Wyoming
Natural Gas, Hydrogen, and APG
- Represented a public power agency in the development of a 25 MW gas-fired plant in Minnesota.
- Represented an independent power producer in the development of a 57 MW gas-fired plant in South Dakota.
- Represented an independent power producer in the development of a 175 MW gas-fired plant in Montana.
- Counsel to investor owned utility in connection with the acquisitions of multiple gas-fired generation facilities (80 MW – 300 MW).
- Represented a public power agency in the development of a 38 MW gas-fired plant in Minnesota.
- Represented an independent power producer in the development of a 30 MW gas-fired plant in South Dakota.
- Advised a Midwest ammonia, nitrogen and alternate energy producer in its facility development and financing of a $295 million proposed ammonia and carbon capture project in central Iowa.