responsible sustainability

Representative Work

Wind

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.

Solar

• 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.

Biofuels

•  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.