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The matters described below are examples of the experience that Crowell & Moring attorneys have gained during and/or prior to their tenure with the firm. To view additional energy practice experience, please see the index at the bottom of this page or click here to access the main landing page.
Renewable Energy: Wind
The following wind energy matters are examples of the experience that Crowell & Moring attorneys have gained during and/or prior to their tenure with the firm:
- AWEA in providing advice for numerous issues, including comments and recommendations in FERC's Docket No. RM05-17, Preventing Undue Discrimination and Preference in Transmission Service (Order No. 890).
- BP in connection with its proposed investment in various U.S. wind farms.
- Chermac Energy Corporation in connection with an application of SPP utilities requesting to terminate their requirement to purchase energy from QFs.
- Constellation Energy Commodities Group in connection with the PPA for the entire output, including green attributes, of a 50 MW wind farm located in California.
- A leading wind power developer in preparing comments to a power purchase agreement (PPA) for 200 MW of renewable energy being procured by Hawaiian Electric pursuant to an RFP.
- CPV Cimarron Renewable Energy Company, LLC in connection with power sales from its 200.1 MW wind-powered electrical generation facility in Kansas.
- CPV Cimarron I Renewable Energy Company in an EPC contract with Wanzek for phase I of the Cimarron wind project as well as an equipment supply agreement with Siemens Energy, Inc.
- CPV Cimarron II Renewable Energy Company in an EPC contract with The Delaney Group for phase II of the Cimarron wind project as well as an equipment supply agreement with Siemens Energy, Inc.
- CPV Keenan I Renewable Energy Company in an EPC contract with The Delaney Group for phase I of the Keenan wind project as well as an equipment supply agreement with Siemens Energy, Inc.
- CPV Keenan II Renewable Energy Company, LLC in connection with power sales from its 151.8 MW wind-powered electrical generation facility in Oklahoma, including counseling in connection with client's participation in Oklahoma Gas and Electric's (OG&E) RFP process, successfully negotiating a long-term PPA with OG&E, and reviewing and negotiating the bonds included in the EPC contract.
- CPV Keenan II Renewable Energy Company in an EPC contract with The Delaney Group for phase II of the Keenan wind project as well as an equipment supply agreement with Siemens Energy, Inc.
- CPV Renewable Energy Company, LLC and various wind generation subsidiaries in connection with all aspects of their wind energy development program, including the closing of a funding and development agreement to support the development of 3,600 MW of wind generation projects in various markets, the negotiation of wind PPAs, the implementation of Competitive Renewable Energy Zones in Texas, the sale of certain wind energy development projects, and various regulatory compliance and regional transmission organization (RTO) market initiatives.
- CPV Renewable Energy Company, LLC in connection with the sale of its Cimarron II 131.1 MW wind-powered electrical generation facility in Gray County, Kansas.
- E.On Climate and Renewables, N.A. in providing advice for various wind energy projects, including guidance on development activities and transactions involving the purchase and sale of renewable energy credits associated with these projects.
- EverPower Wind Holdings, Inc. in connection with the development, licensing, permitting, and interconnection of the Big Savage wind farm project's associated transmission facilities in PJM Interconnection.
- Horizon Wind Energy LLC in connection with the negotiation of renewable energy purchase, interconnection, and facility construction agreements, as well as transmission access, pricing and cost allocation issues, and preparing comments regarding changes to FERC policies on wind power development.
- Iberdrola Renewables in a complaint with FERC, pursuant to Section 206 of the FPA, to obtain a refund of certain unauthorized transmission use charges.
- Invenergy's wind generation subsidiaries in connection with: negotiations of interconnection agreements; obtaining FERC authorizations under Section 205 of the FPA for wholesale power sales under market-based rates and shared interconnection facilities arrangements together with waivers from FERC's open access transmission requirements; obtaining exempt wholesale generator status under the PUHCA; and obtaining authorizations under Section 203 of the FPA for upstream ownership changes including the acquisition of equity interests by passive investors.
- Judith Gap Energy, LLC, a wind project in connection with rate filings and other regulatory approvals.
- Macquarie Bank Limited in its purchase of approximately $75 million aggregate principal amount of privately placed project revenue bonds to finance a 100 MW wind-powered electrical generation facility project in New Mexico.
- NaturEner USA LLC in FERC proceedings relating to a merchant transmission provider's Open Access Transmission Tariff.
- Novelution Wind LLC in the development of a 100 MW wind farm in Chugwater, Wyoming.
- Renewable Energy Systems Americas (RES Americas) in a complaint proceeding alleging discriminatory conduct by transmission owners against wind projects seeking interconnection in North Dakota.
- RES Americas and Invenergy in connection with the Midwest ISO's proposed allocation of interconnection-related network upgrades.
- Spartan Renewable Energy, Inc. in the negotiation of renewable energy retail sales agreements.
- Texas Wind Power/Cielo Windpower in the development, financing, and sale to Shell of the 80 MW White Deer wind energy project in West Texas, in the sale of the 160 MW Brazos Wind Ranch project in Texas, and in the financing and sale of development assets related to the 278 MW King Mountain Wind Ranch in Texas.
- Drafted form wind EPC contract for a major international construction contractor to be used in connection with various wind energy projects.
- Zemer Energia S.A. de C.V. in connection with the development of a 500 MW wind project in Mexico for delivery and sale into United States markets.
Renewable Energy: Solar
The following solar energy matters are examples of the experience that Crowell & Moring attorneys have gained during and/or prior to their tenure with the firm:
- A consortium of The George Washington University, The George Washington University Hospital and American University in the negotiation of a PPA to purchase the output of a 52 MW solar facility owned by Duke Energy Renewables. The transaction is the largest non-utility purchase of solar energy in the U.S., and the largest solar PV project in the eastern U.S.
- Constellation Energy Commodities Group in connection with the negotiation of an agreement to purchase energy and renewable energy credits from a solar facility.
- Constellation Energy Projects & Services Group, Inc. in connection with multiple solar power installations and sales agreements and related net- metering arrangements.
- Constellation NewEnergy in EPC contracts with various contractors for solar generating facilities in Arizona, California, Massachusetts, and New Jersey with an aggregate capacity of 50 MW.
- Constellation NewEnergy in the negotiation of PPAs with various utilities and commercial customers for solar facilities in Arizona, Massachusetts, and New Jersey.
- Constellation NewEnergy, Inc. in connection with the acquisition, development, and $100 million project financing of a 30 MW solar generating facility in California.
- Maricopa Solar, LLC in connection with the development of its 1.5 MW reference plant in Arizona.
- Calico Solar, LLC as project counsel for the development of an 850 MW solar project in southern California, including the negotiation of two separate PPAs with Southern California Edison (one for 575 MW; the other for 275 MW) as well as a larger generator interconnection agreement.
- An energy services company in developing a model solar PPA and its use in numerous distributed solar installations, as well as that same company in the acquisition of solar installations under development.
- Tessera Solar North America in connection with the drafting and negotiation of multiple EPC contracts for Tessera's proposed utility-scale solar facilities.
- Tessera Solar North America as project counsel in connection with a 250 MW project in California selling output to a California utility.
- Tessera Solar North America in the development of utility-scale solar facilities in connection with its strategy and responses to numerous utility RFPs for renewable energy and attributes in the western United States.
Renewable Energy: Hydroelectric
The following hydroelectric regulatory matters are examples of the experience that Crowell & Moring attorneys have gained during and/or prior to their tenure with the firm:
- Counseled various clients on regulatory issues associated with new and potential ownership of major FERC hydroelectric projects, including license conditions relating to water intake and land required to be owned by the project.
- Counseled clients on regulatory issues associated with the surrender of hydroelectric projects.
- Counseled a client on ways to enhance the value of its hydroelectric project while minimizing regulatory burdens and remaining within the limits of existing license conditions; advised on regulatory options and requirements associated with replacing inoperable project works; and prepared various market power and other regulatory filings associated with the hydroelectric project.
- Represented a new owner of a hydroelectric company in successfully reinstating a dam operating exemption, which had been revoked, from FERC.
The following hydroelectric transactional matters are examples of the experience that Crowell & Moring attorneys have gained during and/or prior to their tenure with the firm:
- A hydroelectric developer in the negotiation of a PPA with a university for the purchase of energy from a hydroelectric facility in Pennsylvania.
- Covanta Energy (formerly Ogden Energy Group) as a bidder for a substantial asset purchase from Niagara Mohawk Power Corporation, including its hydroelectric plants.
- Covanta Energy in connection with its proposed development and investment in two hydroelectric projects in Turkey.
- Constellation Energy Group, Inc. in conducting due diligence as a potential bidder for the purchase of a New England power company's hydroelectric generation assets.
- Equitable Resources, Inc. as the purchaser of hydroelectric projects in Costa Rica.
- Little Falls Hydroelectric Associates in connection with regulatory matters and sales of power and renewable energy credits associated with its 18 MW hydroelectric facility in New York.
- TransCanada PipeLines Limited in its acquisition of a New York hydroelectric plant.
- West Delaware Hydro Associates in negotiating with Central Hudson Electric Corporation the power sales, renewable energy credit sales, and interconnection agreements for a large New York conduit hydroelectric facility.
Additional Renewable Energy Capabilities
- Biotechnology Industry Organization in counseling on climate change legislation and on proposals to encourage production of biofuels and bioproducts and the use of bioprocesses.
- BioFuel Solutions, LLC, an ethanol project development company, in connection with development financing and ownership and control arrangements.
- A developer in the acquisition of a majority interest in a 55 MW biomass plant in the Southeastern United States, including the renegotiation of the PPA and the construction contract.
- An energy trading company in the review and negotiation of renewable energy credit sales contracts.
- Transgreen Energy Inc. in developing and financing a 600 ton per day solid waste plasma gasification project in Wexford County, Michigan.