Explore Our Capabilities

Renewable Energy

Overview

Parker Poe offers a full suite of legal services to renewable energy market participants across the wide range of technologies. Our clients include developers, tax equity investors, lenders, EPC contractors, trade associations and manufacturers, and tax credit syndicators.

Permitting and Regulatory Advice

  • All aspects of federal, state and local permitting, including Qualifying Facilities (QF) eligibility and QF certification with the FERC; certificates of public convenience and necessity from state commissions; other state permitting, and  local land use and zoning permits
  • Environmental permitting including individual and nationwide Section 404 wetlands permits, Section 410 water quality certifications; endangered species permits and consultation, and Clean Air Act Title V permitting and other air matters; waste permits
  • NEPA
  • Federal Energy Regulatory Commission regulations
  • State public service commission regulations

Finance, Acquisitions, Tax & Incentives

  • Secured financings including single or multiple project pools
  • Structured finance advice
  • Due diligence on potential project acquisitions
  • Acquisitions of renewable energy project portfolios
  • Advice on state and federal tax credits
  • Private letter rulings on various tax issues
  • Negotiating state and local economic incentive agreements and fee-in-lieu agreements

Commercial Agreements

  • Review and negotiation of power purchase agreements
  • Renewable Energy Certificate sale and purchase agreements
  • Review and negotiation of Engineering Procurement and Construction contracts
  • Advice and review of interconnection agreements, including issues of wheeling and transportation
  • Fuel supply agreements (natural gas, biogas, animal waste and other feedstocks)
  • Equipment leases
  • Operating & Maintenance Agreements

Real Estate

  • Review and negotiation of options, easements and leases for development of renewable energy facilities
  • Advice on title issues

Federal & State Lobbying and Legislative Advice

  • Lobbying on Capitol Hill and state legislatures on issues critical to the renewable energy industry
  • Lobbying members of Federal and State Executive Departments and Agencies
  • Legislative strategy
  • Bill drafting


 

Representative Experience

Wind

  • Represented a large, international wind developer on all aspects of its development of a 300 MW land-based, wind farm in North Carolina – the first utility-scale wind farm in the southeastern US.  Our services included state utility commission permitting of the wind farm and a transmission line, a Section 404 wetlands permit, advice on state environmental permitting, local land use permits in the two counties over which the project spans, Congressional and state lobbying, negotiation of economic incentive agreements with both counties; tax advice; preparation and negotiation of options, leases and easements.  
  • Represented other land-based wind developers on all aspects of project development and permitting.
  • Represent the American Wind Energy Association before the North Carolina General Assembly.
  • Provided comprehensive legal support to the developer of an offshore wind farm. Our services have included advice on and structuring of a securities offering, corporate organization and contracts. We have advised the company on rules for leasing offshore lease blocks through the Bureau of Ocean Energy Management (formerly the Minerals Management Service) and all aspects of federal and state environmental permitting.

Solar PV

  • Obtained state commission permits for over 2500 MWs of solar PV, ranging in size from 2 MWs to 100 MWs.
  • Represented solar developers and investors in the acquisition of portfolios of solar projects.
  • Provided tax structuring advice to state tax equity investors considering investment in a portfolio of solar projects.
  • Represented a large solar developer in the sale of a 75 MW project to an electric utility.
  • Represented developer of a 20 MW solar project in quasi-judicial hearing before a board of commissioners in a land-use permit proceeding.

Fuel Cell

  • Advised a client on all aspects of developing a 10 MW fuel cell to support a data center for an international technology company. Our representation included a state commission permit for the facility, obtaining a declaratory ruling that directed biogas as a renewable energy resource eligible for RPS compliance, and negotiation of a gas supply contract to serve the facility.

Biogas

  • Represented a biogas (swine waste) renewable energy developer using anaerobic digesters to generate electricity at hog farms. Our support has included negotiations with the state environmental agency on environmental permitting, review of zoning and permitting requirements, and economic incentive arrangements with local governments.

Biomass

  • Represent the developers of a mixed-use energy park on a Brownfield site to include a biomass energy plant that will support neighboring commercial and manufacturing uses. Our services have included all aspects of state and federal environmental permitting, lobbying and advice on state utilities permitting and REC registration.

Syngas

  • Counseled a client on state and federal legislative and regulatory matters regarding commercialization of the conversion of biomass to green fuels, chemicals, and energy. The company specializes in biomass conversion to syngas for (1) processing into a range of liquid transportation fuels and high-value chemicals; (2) combined cycle power generation to reduce operational costs, displace fossil fuels, and create new revenue streams by selling excess green power to the local grid; and (3) combustion in a boiler or lime kiln to reduce operational costs and displace fossil fuels.

Solar Thermal

  • Counseled to a solar thermal company on a unique energy purchase agreement that allows its customers to “go green” with no upfront capital while preserving all tax and incentive advantages. Our attorneys have handled every aspect of this innovative client’s legal needs including formation of the company, tax advice regarding renewable energy credits, drafting purchase agreements, negotiating contracts with customers and advising the client on aspects of public bidding laws.

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Professionals

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