Background - Practices (Details)
Renewable Energy

Crowell & Moring's team of experienced attorneys and energy professionals is well suited to handle the unique issues confronting developers of wind (both onshore and offshore), solar, hydroelectric, biomass, and other renewable energy sources. We regularly represent energy clients, including renewable energy project developers, merchant generators, transmission companies, marketers, investor-owned utilities, trade associations, and consumers (including institutions such as universities) before the Federal Energy Regulatory Commission (FERC) and the various state public service commissions throughout the U.S. In particular, firm attorneys have considerable experience representing clients in FERC's market development and operation initiatives; its development and implementation of open-access transmission policies and interconnection procedures; and its marketing, monitoring, compliance, and enforcement activities. The firm is active in all regional transmission organizations (RTO) and in those areas of the country where there are independent system operators.

We also counsel energy clients with respect to renewable portfolio standards (RPS); federal loan programs; tax credits; power sales arrangements; equipment, procurement, and construction (EPC) agreements; rate filings; compliance with the Public Utility Holding Company Act of 1935 (PUHCA) and the Public Utility Regulatory Policies Act (PURPA); regulations relating to exempt wholesale generators; and legislative and executive branch matters concerning the energy industry.


Our Energy Group is at the forefront of the wind power sector and this sector's efforts to develop, construct, finance, and sell wind energy. The firm advises the American Wind Energy Association (AWEA), the leading trade association of wind energy developers and operators, and many clients engaged in wind power development or in acquiring and selling wind generation assets. The firm guides its clients through all phases of project development and provides advice with respect to transmission and power markets, as well as the unique business and regulatory challenges confronted by the owners and operators of wind generation. The firm has actively been involved before FERC in all wind-related interconnection and transmission rulemakings and other initiatives. The firm also represents its clients before FERC with respect to market-based rate tariffs, transfers of jurisdictional facilities, and other regulatory filings under the Federal Power Act and exempt wholesale generator determinations under the PUHCA.

In addition, Crowell & Moring advises clients on how best to take advantage of market opportunities and regulations associated with RPS. The firm also monitors environmental trading markets and has considerable experience with the allocation of environmental attributes, including renewable energy credits associated with renewable generation.

Firm attorneys also have assisted numerous clients on qualifying facility requirements and related state regulatory proceedings; transmission access, pricing and many other matters in connection with the issues associated with the development of wind generating projects in virtually all of the states and each RTO in which such projects are being developed and/or operate. Additional issues include: interconnection and transmission queue reforms; all manner of RTO market rules and cost allocation, and congestion management; and issues associated with tariff exemptions, generator imbalance and undergeneration penalties, ancillary services, and scheduling and bidding.

Please click here to learn more about our capabilities in the offshore wind area.

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We advise developers and operators of utility-scale and distributed-generation solar energy projects in all aspects of project development and operation, including RPS, interconnection and transmission requirements, net metering, utility procurement, and all agreements required to establish, develop, and finance such projects. The practice also advises clients in the creation of form agreements, including power purchase agreements; EPC agreements; and other various service agreements, and guides solar power companies in their evaluation and responses to request for proposals.

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Crowell & Moring has successfully counseled hydroelectric clients in a variety of regulatory and transactional matters related to the development, relicensing, purchasing, sales from, and sales of hydroelectric projects. The firm calls upon its extensive experience in working with FERC, the U.S. Army Corps of Engineers, the National Marine Fisheries Service, the Fish and Wildlife Service, and other federal, state, and local agencies.

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