Clean Energy Projects and Transactions Matters

Representative clean energy projects matters in which our attorneys have been involved include:

Outside General Counsel/General Commercial

  • Serve as outside general counsel to a leading Massachusetts solar energy project developer.
  • Served as start-up and ongoing outside general counsel to nonprofit lender to renewable energy and energy efficiency projects.
  • Assisted principals of solar energy project investment firm with internal restructuring and associated drafting of LLC agreements.

Energy Projects and Transactions

Solar Energy

  • Represented developer of portfolio of approximately 20 MW of community solar projects and projects serving affordable housing in National Grid WCMA territory. Assisted with site control, permitting, interconnection, net metering qualification, SREC II program qualification, net metering power purchase agreements with multiple public housing authorities, public procurement compliance, PILOT agreement, bridge loan for development capital, EPC contract and sale of project to large energy company.
  • Represented developer of portfolio of approximately X MW of solar projects in Central Massachusetts. Assisted with permitting, interconnection, power purchase agreement with municipal utility, PILOT agreement, SREC II program qualification, and debt financing and tax equity financing of portfolio.
  • Represented developer of community solar projects in negotiation and closing of credit facility with institutional lender to provide development capital as well as development of form of community solar customer agreement.
  • Negotiated and closed an $11,500,000 construction term loan from an institutional lender for construction of a roof-mounted X MW solar system in Massachusetts.
  • Drafted, negotiated and closed on a ground lease for an 8MW wind energy facility in Plymouth, Massachusetts. For this project we also drafted and obtained a utility easement from the Massachusetts Department of Transportation to enable our client to run utility lines for the project under a Massachusetts State Highway.
  • Negotiated and closed two (2) $5,000,000 term loans and a $1,000,000 revolving line of credit from Avidia Bank for expansion of our client’s consumer solar loan and commercial solar project businesses.
  • Represented developer of portfolio of approximately X MW of solar projects in New Hampshire, Rhode Island and Vermont in connection with debt financing and tax equity financing of portfolio.
  • Represented developer and owner of portfolio of approximately 9 MW of solar projects in National Grid SEMA territory. Assisted with net metering power purchase agreements with multiple public entities, SREC purchase agreements, net metering qualification, SREC I program qualification, solar easement matters, PILOT agreements and sale of portfolio to major solar energy company.
  • Represented developer and owner of first third party-owned commercial solar hot water project in Massachusetts. Assisted with site control, energy services agreement and other matters.
  • Represented purchaser of X MW development phase solar project, now operational, that is the first municipal landfill solar project in New York State. Assisted with project acquisition, site control matters, EPC contract, O&M contract, NYSERDA funding and other matters.
  • Represented Virginia-based nonprofit in connection with multiple public school re-roofing and solar photovoltaic system installation projects as party of public/private New Orleans Solar Schools Initiative.
  • Represented nonprofit funder with respect to solar affordable homes project in Chicago, IL.

Wind Energy

  • Represented developer of 8 MW net metered wind energy project on upland portions of cranberry farm in Southeastern Massachusetts. Assisted with site control, permitting, development phase loan from Mass Clean Energy Center, net metering power purchase agreements with numerous public entities, multiple REC purchase agreements, interconnection approval, net metering qualification and sale of project to major energy company.
  • Represented developer of 6 MW net metered wind energy project on former sand and gravel site in Southeastern Massachusetts. Assisted with sale of net metering credits, interconnection, net metering regulatory and other matters.
  • Represented developer and owner of 4 MW net metered wind energy project on industrial park site in Northeastern Massachusetts. Assisted with permitting, sale of project commodities (net metering credits, RECs) and debt financing of project.
  • Represented developer with respect to certain aspects of [60 MW] development of wind energy project in Kansas.
  • Represented Town of Orleans, MA with respect to all facets of town-sponsored community-scale wind energy project, including permitting (state environmental impact review, Article 97 approval, local zoning review, utility interconnection), contracting (wind energy lease, power purchase agreement terms, agreements with the Massachusetts Renewable Energy Trust’s Community Wind Collaborative) and procurement (request for proposals from private developers) .
  • Developed request for proposals for town-hosted community-scale wind energy project for Town of Eastham, MA.
  • Represented in innovative wind energy technology company in securing site control for several pilot projects.
  • Performed legal due diligence with respect to potential investments in wind energy projects in Illinois.
  • Represented various entities with respect to negotiation and drafting of agreements for the purchase and sale of renewable energy certificates from wind energy facilities.

Waste-to-Energy

  • Represented developer of first two commercial anaerobic digester projects in Massachusetts. Assisted with site control, sale of project commodities (electricity, net metering credits, environmental attributes, cogenerated heat, fertilizer, bedding, soil amendments), EPC contract, interconnection approval, net metering qualification, public and private debt financing, qualification for federal renewable energy financial incentives and sale of operating projects.
  • Represented investor in developer of an organics recycling and bioenergy facility that will be the first integrated high solids anaerobic digestion and in-vessel composting facility in Connecticut. The facility will process municipal and commercial waste from more than 16 central Connecticut municipalities. Using internal combustion engines, the facility will also generate approximately 1.6 megawatts of renewable energy and high-quality composting materials.
  • Developed operation and maintenance services agreement for third-party operator of utility-scale biomass energy project.
  • Advised operator of landfill gas-to-energy facility on potential sale of carbon offset credits to voluntary market.
  • Represented party to restructuring of landfill-gas-to-energy project.
  • Represented waste-to-energy facility in successful bid for local permits for Clean Air Act retrofit and defense of court challenges to permits issued.

Hydropower

  • Represented European energy company in investment in X MW of development phase hydropower projects in Pacific Northwest.
  • Represented European energy company in investment in X MW of development phase hydropower projects in Latin America.
  • Provided assistance to free-flow hydropower company in assessing applicability of various permitting requirements with respect to demonstration project.

Other

  • Represented major energy services company in acquisition of assets of district steam business in Eastern Massachusetts and negotiation of new long-term energy services agreements with numerous private, public and institutional offtakers.
  • Represented interested citizens with respect to opposition to construction of high-voltage electric transmission line near their homes.

Energy Regulatory Matters

  • Represent Lodestar Energy LLC in MA Department of Public Utilities proceeding (DPU XX-XX) regarding petition for exception to DPU’s net metering regulations.
  • Represent Sun Edison LLC in MA Department of Public Utilities proceedings (DPU XX-XX+) regarding petition for exception to DPU’s net metering regulations.
  • Represented Borrego Solar Energy Systems in MA Department of Public Utilities proceeding (DPU XX-XX) regarding petition for exception to DPU’s net metering regulations.
  • Participated in MA Department of Public Utilities proceedings (DPU XX-XX +) regarding development of net metering regulations, amendments to net metering regulations and associated policies.
  • Represented Cape Light Compact in MA Department of Public Utilities proceeding (DPU 08-75) regarding NSTAR Green program and proposed long-term power purchase agreements between NSTAR and out-of-state wind energy facilities; successfully negotiated settlement with NSTAR.
  • Represented towns of Brewster, Dennis and Yarmouth in MA Energy Facilities Siting Board proceeding (EFSB 06-1) regarding KeySpan’s proposed override of Cape Cod Commission and local permitting authority in connection with construction of natural gas pipeline; successfully avoided override of local permitting authority.
  • Represented Cape Light Compact in MA Distributed Generation Collaborative with respect to 2006 revisions to the MA Model Interconnection Tariff; successfully negotiated modifications to interconnection insurance and indemnification requirements.
  • Represented Cape Light Compact in multiple MA DPU proceedings (e.g., DPU 04-115, 05-85, 05-89, 06-40, 06-107) regarding regulation of distribution companies in the restructured Massachusetts electric industry and preservation of municipal aggregation as a means of helping small residential and commercial consumers access the competitive retail electricity market.
  • Represented People’s Power and Light in RI Public Utility Commission proceedings (RIPUC 3610, 3617) regarding distribution and back-up rates; succeeded in negotiating modifications to proposed settlement.