Explore Our Capabilities

Energy & Utilities

Overview

We have substantial experience in a wide range of energy and utility matters. Two of our lawyers gained valuable experience during a combined 27 years as in-house counsel at a major energy services and utility company. We represent public utilities, energy services companies, financial institutions, an engineering, procurement and construction (EPC) company and independent power producers.

Areas of Focus

Energy Regulatory

Lawyers on our energy regulatory team advise companies regarding regulations, orders and policies of the Federal Energy Regulatory Commission (FERC), the North Carolina Utilities Commission and the South Carolina Public Service Commission. Our clients include:

  • Investor-owned utilities
  • Electric cooperatives
  • Renewable energy developers across all technologies (wind, solar, fuel cell, biomass)
  • Independent power producers

Our regulatory counsel includes:

  • Open Access Transmission Tariff (OATT) establishment, administration and compliance.
  • Regulatory filings associated with transmission expansion and offering transmission service.
  • Compliance with anti-market manipulation rules.
  • Implementation and compliance with electric reliability standards.
  • Qualifying facility certification for renewable energy projects.
  • Federal Power Act Section 205 disputes/proceedings.
  • Compliance advice on transmission planning and FERC Order 1000.
  • Federal Power Act Section 203 proceedings regarding acquisition and/or disposition of FERC-jurisdictional facilities.
  • Investigations and audits by FERC and the North American Electric Reliability Corporation (NERC).
  • State utility commission certification of new generation facilities and transmission lines, including; utility commission certification of a 720-megawatt natural gas-fired plant, state commission certification of a 300-megawatt wind energy project, state commission certification of a 80-megawatt solar PV facility and state commission certification of a 10-megawatt fuel cell facility.
  • Compliance with the North Carolina Renewable Energy and Energy Efficiency Portfolio Standard.
  • Design, implementation and training for corporate compliance programs.

Representative Experience

Litigation

Contracts

  • EPC contracts for combined cycle and simple cycle merchant power plants as well as major equipment purchase contracts for those plants, including contracts to purchase gas turbines, heat recovery steam generators and SCR catalysts
  • Operation and maintenance (O&M) agreements for power plants
  • Information technology agreements and related advice to a major public utility and energy services company
  • Telecommunications contracts

Finance

  • Serve regularly as lender's counsel for lenders acting as administrative agents and participants in connection with financings for electric, gas and water utility companies for working capital, acquisition, letter of credit, lease and off-balance sheet financings

Merchant Power Plant Development

  • Real estate matters, including options to purchase, zoning and land acquisition
  • Tax issues, including incentive programs, tax abatement and tax planning
  • Water and air permits
  • EPC, O&M and major equipment purchase contracts
  • Joint venture structuring

Government and Regulatory

  • Advice and lobbying regarding executive and legislative branches of North Carolina and South Carolina state government
  • Representation before the North Carolina Utilities Commission and South Carolina Public Service Commission
  • Advice regarding the development of merchant power plants in North Carolina

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Professionals

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