We help empower communities and energy customers to reduce and manage energy use and get the power and fuel they need. Our clients include commercial and industrial companies, government agencies, manufacturers, pharmaceutical companies, developers and universities, transportation logistics companies, waste disposal companies, financial institutions, consultants and private equity firms and their technology and finance partners. We assist customers with energy commodity purchases, behind-the-meter energy projects and sales of energy and ancillary services into wholesale markets and related regulatory issues.
Energy Portfolio Optimization
Our Energy Practice represents clients restructuring energy commodity and service contract portfolios. We support facilities and procurement teams of commercial, industrial, nonprofit and institutional clients in optimizing energy spend and performance. From electricity, natural gas, renewable energy certificates, diesel, CNG/LCNG, gasoline and biofuel transactions to energy service contracts and onsite energy project development and finance (combined heat and power, solar, energy efficiency, microgrid, etc.) we provide resources to those in charge of efficiently supplying and operating research, hospital, university, municipal, commercial and industrial facilities and campuses.
Whether you need assistance in negotiating a single retail electricity transaction or in restructuring an energy portfolio and financing a powerhouse, our independent, multidisciplinary teams can help. Our lawyers include former energy management executives and engineers. Representing clients for decades in the energy markets and regularly transacting high volumes of retail and wholesale products, our team members know what is “market” and how to establish better than market terms. We work collaboratively with clients, independent energy advisors and engineers to drive energy cost reductions and increase performance.
Sustainability and energy initiatives depend on interrelated data management efforts. We assist clients in integrating environmental performance as a component of their energy cost reduction and portfolio optimization program by substantiating corporate, service and product sustainability claims.
We work with state and local government agencies, private foundations and industry players to implement energy efficiency programs. We have pioneered pooled energy efficiency procurement and financing techniques and developed guaranteed savings agreements and energy services agreements to support those programs.
Renewable and Distributed Generation
Our team has assisted with the development and financing of clean energy and storage projects from wind and solar to biofuels and biomass, small hydropower and tidal power, and conventional and next generation storage technologies. We have done pooled procurement for solar projects and assisted an educational institution in using alumni investment for a solar project.
Our team works to plan for and implement microgrids. We support development and financing of expansions to existing microgrids and implementation of new microgrids, including management of state law issues affecting energy generation and distribution, and we support our clients transactional and policy objectives through filings with state and federal energy regulatory agencies. Our representative matters include:
- Helped form and represent the Microgrid Resources Coalition, a nonprofit consortium of owners, operators, developers, suppliers and investors formed to advocate for policies and regulations that support microgrid deployment. We have been active in promoting federal and state law policies that support new business models for the relationship of customer-provided solutions to the grid.
- Represented the master developer in connection with agreements to expand and operate an electric and thermal microgrid as a part of its redevelopment of a former Army facility in a major city.
- Represented Princeton University in the development and financing of a 5 mega-watt solar project as a part of their campus microgrid. Lease financing was provided by Key Government Finance and solar project development by Sun Power. We developed an ownership structure to permit immediate ownership by the Lessor to facilitate the 1603 grant application. We also provided guidance with regards to Renewable Energy Credit sales.
- Represented Rutgers University in development, tax structuring and financing of an 8 mega-watt solar project as a part of the university’s microgrid, including assistance with the construction contract.
- Represent the University of Missouri System in connection with the tax and business structuring of a campus-wide geothermal heating and cooling system for its Science and Technology campus and a biomass cogeneration facility as a part of its main campus microgrid. We developed a structure to let the University take direct advantage of Section 1603 Treasury grants and also helped integrate New Market Tax Credits in the geothermal project.
- Team members represented the developer of ski resorts in the Poconos in providing utility services directly and through homeowner associations to commercial enterprises and homeowners in the resorts. The structures we developed avoided the developer being treated as a public utility.
- Represented PPL Electric Utilities Corporation in connection with contracts and RFPs to install smart meters for their 1.4 million customers.
- Represented a smart grid service provider in connection with an energy management contract for a Philadelphia university.
Energy and Environmental Markets
Our energy market work includes drafting and negotiating long-term power purchase agreements to support project financing of electric generating facilities and negotiated bilateral wholesale contracts on industry standard forms. We have assisted commercial and industrial customers as well as government and institutions with power and natural gas purchase arrangements.
- Represented Southern Maryland Electric Cooperative in negotiating power purchase arrangements to build its energy purchase portfolio.
- Represent one of the largest national truck leasing, maintenance and transportation logistics companies on liquid and gaseous fuel commodity transactions. We also counsel on fuel supply and customer contract portfolio management.
- Represent several large real estate development companies on their electricity service agreements as well as retail electricity and gas procurements. Where appropriate, we represent these companies and aggregators in selling distribution level originated products (energy, capacity and ancillary services) into the wholesale markets.
- Represent power plant owners and operators in wholesale fuel commodity transactions, power (and steam) purchase agreements as well as regulatory approvals and disputes.
- Represented several clients on solid fuel commodity transactions, including transportation in the national bulk system and bluewater.
- Represent clients with large alternative fuel fleets on biofuel, CNG and LCNG fueling station development and commodity transactions.
- Represent energy service providers on the monetization and commoditization of negawatts originated from energy efficiency projects.
- Represent large C&I clients on balancing and optimizing onsite generation and controls with commodity procurement portfolios.