On August 20, 2007, with the signing of Senate Bill 3, North Carolina became the first state in the Southeast to adopt a Renewable Energy and Energy Efficiency Portfolio Standard (REPS). The REPS requires that, by 2021, 12.5% of North Carolina’s retail electric sales must come from renewable energy resources and creates a mechanism by which utilities can recover the incremental cost of power from renewable sources. Senate Bill 3 is creating a new and thriving renewable energy market in North Carolina and opportunities for companies familiar with the parameters of the REPS.

We offer a comprehensive understanding of the regulatory scheme through which a business must navigate in order to successfully develop a renewable energy project in North Carolina. Members of our Government and Public Policy practice group actively participated in the drafting, negotiation and adoption of Senate Bill 3. We have also been involved in rulemakings to implement the REPS before the North Carolina Utilities Commission (NCUC) and the North Carolina Environmental Management Commission (EMC). One of our partners serves on the Energy Policy Council, formed by the legislature to advise the Governor and the General Assembly about energy policy for the state.

We represent companies that span the full range of renewable energy technologies, including wind, biomass, biogas, thermal photovoltaic and solar thermal. We also represent the American Wind Energy Association in North Carolina.

Experience Highlights

• Provide a full range of legislative services from developing strategy, drafting legislation and appearing before legislative committees to advocate client goals
• Preparation of REPS Registration Statements for filing with the North Carolina Utilities Commission (NCUC) to ensure that Renewable Energy Credits (RECs) generated by renewable energy facilities are eligible for REPS compliance
• Preparation of Applications for Certificates of Public Convenience and Necessity for new renewable energy facilities
• Provide counsel in connection with all aspects of state and federal environmental permitting and appear before the EMC and other state environmental agencies
• Negotiate power purchase agreements and interconnection agreements. 
• Counsel renewable energy clients regarding siting and zoning issues before local jurisdictions
• Acquisition and leasing of real estate for new sites and negotiation and drafting of development agreements
• Negotiate incentives with state and local governments for siting on new facilities and counsel regarding tax aspects of project development

Experience

Land-Based Wind
Advised a variety of domestic and international wind energy companies on siting and permitting land-based wind projects in the mountains and on the coast of North Carolina. Our assistance has also included preparing and negotiating easements, access agreements and lease agreements for wind developers.  We have provided advice regarding economic development incentives, property tax abatements, renewable energy tax credits and other tax issues.  We have provided legislative services to promote wind energy development and advice concerning utility commission regulation of wind energy.

Offshore Wind
Provided comprehensive legal support to 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 Minerals Management Service and all aspects of federal and state environmental permitting. We have led efforts to establish relationships with key state and federal governmental officials and other stakeholders. 

Mixed Use Energy Park
Representing developers of a mixed-use energy park on a brownfields site planned 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 and advice on state utilities permitting and REC registration.

Biomass
Advised an agricultural biomass company on all aspects of its development of three 45MW plants in North Carolina. Our work has included negotiating state and local economic development incentives, zoning the sites and negotiating development agreements with local governments. We have advised the client on securing a certificate of public convenience and necessity from the North Carolina Utilities Commission (NCUC) and registering the facilities to ensure renewable energy certificates (RECs) generated are marketable under North Carolina's Renewable Energy Portfolio Standard (RPS). 

Biogas
Helped a biogas (swine waste) renewable energy developer using anerobic digesters to generate electricity at hog farms in eastern North Carolina. Our support included negotiations with the Department of Environment and Natural Resources on environmental permitting, review of zoning and permitting requirements, economic incentive arrangements with local governments, assistance in responding to utilities’ request for proposals, and counsel regarding purchase power agreements. 

Solar Thermal
Served as counsel to a solar thermal company which provides organizations with affordable, creative, strategic solutions designed to best meet their renewable energy needs. Our client’s unique energy purchase agreement allows its customers to “go green” with no upfront capital while preserving all tax and incentive advantages. The company’s customers range from New England through the Mid Atlantic, the South, and the Southeast. 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.

Syngas
Served as counsel on state and federal legislative and regulatory matters for a client that is commercializing 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. 

Biodiesel
Helped a biodiesel manufacturing company with a joint venture agreement that provided capital necessary for construction of its manufacturing facility.

News

• Henry Campen Named to Raleigh Chamber Board of Directors
  October 11, 2011
• Wind Energy Project Moving Closer to Reality Counties Grant Permits for State’s First Wind Energy Project
  July 18, 2011
• SC Economic Developer's Association Names Ray Jones to Board
  May 20, 2011
• Counties Approve Economic Development Incentive Grants for NC Wind Energy Project
  April 27, 2011
• Iberdrola Renewables Announces Permit Application for North Carolina Wind Power Project
  January 28, 2011
• Henry Campen to Serve on Renewable Energy Policy Committee
  Parker Poe Partner to Add Insight on Wind Energy
  July 29, 2010
• Treasury and DOE Issue Guidance on Grants in Lieu of Tax Credits
  July 24, 2009
• The American Recovery and Reinvestment Act of 2009
  February 20, 2009
• Towns Go Green; Credit Tightens
  May 2, 2008