Moore & Van Allen Law Firm, Attorneys

Energy Project Development

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Moore & Van Allen has developed an extensive Energy Project Development practice, representing parties on each side of the typical project finance structure, including developers/vendors, lenders and other providers of credit support, and end users/industrial customers. 

As developer counsel, we have assisted our clients in the negotiation of power sales agreements, steam sales agreements, fuel purchase and transportation agreements, and EPC construction contracts, equipment procurement contracts, operations and maintenance contracts, state and Federal regulatory approvals, environmental permitting, water development arrangements and site acquisition.

We have extensive experience in advising and assisting clients with the myriad tasks associated with the development and construction of major energy infrastructure projects, including electric generation facilities and major natural gas transmission and liquefied natural gas storage facilities.  This work has included negotiation of power sales agreements, construction agreements, steam sales agreements, fuel purchase and natural gas transportation agreements, operation and maintenance contracts, and assistance in obtaining regulatory approvals, environmental permits, and site acquisition.

Our experience in this area began in the early 1980s following passage of the Public Utility Regulatory Policies Act of 1978, which initiated a wave of project development by independent power producers.  We have since assisted in the development of numerous electric coal and natural gas-fired generation and cogeneration facility projects which collectively produce more than 4,000 megawatts of electricity to the wholesale market.  We also have assisted in the development of utility affiliated merchant plants and have participated in numerous overseas generation and distribution projects, including facilities in Iraq as part of the reconstruction effort in that country.

Our project development lawyers have assisted natural gas utilities with development of transmission and liquefied natural gas projects and have assisted independent developers and vendors on a broad range of energy project development activities including on-site industrial steam and power facilities, hydroelectric facilities, and the acquisition of numerous existing energy infrastructure facilities.

In addition, we have been involved representing owners and developers in structuring and negotiating a number of purchases and sales of individual energy projects, portfolios of energy projects and interests in energy projects as well as structuring and negotiating energy joint ventures. 

Our attorneys have substantial experience advising participants in green power projects, including solar, wind farms, biomass and biodiesel, ethanol projects, geothermal energy facilities, and landfill gas projects.

Representative Energy Project Development Transactions

  • Represented owner in sale of two 265 megawatt natural gas-fired facilities in New England.
  • Represented owner in acquisition of a partnership interest in a 400 megawatt coal-fired facility. 
  • Represent national retail chain in negotiation and implementation of multi-state electricity and natural gas purchase agreements with general deregulated suppliers. 
  • Represented owner in North Carolina Utilities Commission licensing proceedings for two 2.5 megawatt solar projects in Wake County, North Carolina.
  • Represented developer of 35 megawatt facility in Colorado.
  • Represented developer of 2.7 megawatt facility in North Carolina.
  • Represented owner of five megawatt solar farm in North Carolina Utilities Commission proceedings to obtain certificate of public convenience and necessity and certification on renewable energy facility.
  • Represented natural gas utility in negotiation of turnkey construction contract negotiations for liquefied natural gas storage facility.
  • Represented developer of a North Carolina biomass energy conversion project (converting former coal-fired facility to wood-burning renewable energy facility), including representation before North Carolina Utilities Commission in obtaining certificate of need and renewable energy facility certification.
  • Represented lender in debt financing of industrial anaerobic wastewater treatment facilities.
  • Represented developers in development and financing of a number of coal and gas-fired cogeneration and independent power projects.  
  • Represented industrial customer with sale and outsourcing of operation of two industrial energy facilities (steam, electric generation, compressed air, fuel purchasing and storage, water treatment).
  • Represented developer in development matters and joint venture agreements for two hydroelectric generating facilities on Ohio River at Army Corps of Engineers locks.
  • Represented facility purchaser with acquisition of ownership interests in multiple operating municipal landfill gas facilities.
  • Represented developer with contracts for development of 1,200 megawatt combined cycle natural gas facility; negotiation and acquisition of all project contracts and permits, local governmental approvals.
  • Represented utility affiliate co-developer of combined cycle natural gas fired facility in New Mexico; negotiation of joint venture, power sales agreements, site and water supply agreements, interconnections.
  • Represented developer of photovoltaic solar projects in the Western United States.

news

Publications

  • Keeping Pace In The LNG Race
    November 2014, The American Oil & Gas Reporter

    Brian Heslin and Tonya Mercer authored an article for The American Oil & Gas Reporter that published as the November 2014 Exclusive Story.

  • August 2009, Energy Update

    The Treasury Secretary and the Internal Revenue Service announced the establishment of the qualifying advanced energy project program to implement the new investment credit under Section 48C of the Internal Revenue Code.

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