James M. Avery represents a broad range of utilities, developers, aggregators, and other stakeholders before the Massachusetts Department of Public Utilities, the Massachusetts Energy Facilities Siting Board, and numerous other state utility commissions.

Jim’s clients include solar, wind, biomass, and other renewable energy firms; developers of natural gas-fired generation facilities; electric and natural gas utilities; wireless telecommunications carriers; and hospitals, government agencies, and industrial facilities.

Jim also represents clients in a variety of commercial and financial transactions, including acquisitions, mergers, corporate restructurings, contracts, and financings.

Prior to joining Pierce Atwood, Jim was a partner in the Energy, Utilities, and Environmental Practice Group at Brown Rudnick LLP.

Professional Activities

Massachusetts Bar Association

Boston Bar Association, Co-chair, Energy and Telecommunications Committee

Energy Bar Association

Publications

Co-author, Inside the Minds: Energy Law Settlements and Negotiations: Leading Lawyers on Dealing With Regulatory Commissions, Understanding Political and Market Forces, and Making the Right Deal, Aspatore Books

Co-author, chapter on the Department of Public Utilities, Lawyers Cooperative Publishing Compilation on Massachusetts Procedure, Volume 9

Co-author, State and Federal Deregulation of Electric and Natural Gas Services in Massachusetts, National Business Institute

Practice Areas

Representative Experience

  • Represented electric utilities in the siting of numerous electric transmission lines
  • Represented electric and gas utilities in contested rate proceedings, including securing funding for an electric utility's innovative vegetation management program
  • Represented a gas utility in securing approvals for a high pressure gas pipeline to serve a CHP plant at a major university
  • Represented state agencies in the negotiation of energy performance contracts
  • Represented municipal electric aggregators in securing regulatory approvals and contract negotiations, and a natural gas purchasing consortium in gas supply contracting
  • Represented numerous hospitals, government agencies, and industrial facilities in contracting for electric and natural gas supply and energy efficiency services
  • Represented a gas utility in structuring and securing necessary approvals for a commodity portfolio optimization alliance with other utilities and a major natural gas producer

Representative Experience

  • Represented developer in permit and contract matters for solar electric generation facility developers
  • Represented a gas utility in securing the necessary regulatory and environmental approvals for the first liquefied natural gas facility in Massachusetts in over 35 years and the permanent financing of the facility
  • Represented a Florida developer of a 100 MW biomass generation facility in permitting, appeals, and contract matters with a major regional municipal utility
  • Represented publicly-traded utility holding companies in mergers, acquisitions, and dispositions of assets
  • Represented energy clients in acquisitions, mergers, and long-term debt and equity financings, including project financings
  • Represented of one of the world's leading developers of renewable resources and the world’s largest developer of wind generation resources in securing regulatory approvals necessary to complete its acquisition of a major utility holding company.
  • Represented leading municipal electric aggregators in designing aggregation plans, securing regulatory approvals and contract negotiations, and a natural gas purchasing consortium in gas supply contracting. Successfully secured approvals for more than 40 aggregation plans.
  • Represented electric utilities in the siting of numerous electric transmission lines.
  • Represented electric and gas utilities in contested rate proceedings, including securing funding for an electric utility's innovative vegetation management program.
  • Represented a gas utility in securing approvals for a high pressure gas pipeline to serve a CHP plant at a major university.
  • Represented a wireless telecommunications carrier in a rate-setting proceeding relating to access charges.
  • Represented state agencies in the negotiation of energy performance contracts.
  • Represented numerous hospitals, government agencies, and industrial facilities in contracting for electric and natural gas supply and energy efficiency services.
  • Represented a gas utility in structuring and securing necessary approvals for a commodity portfolio optimization alliance with other utilities and a major natural gas producer.
  • Represented energy clients in acquisitions, mergers, and long-term debt and equity financings, including project financings.

Industries

Industry Representative Experience

  • Represented of one of the world's leading developers of renewable resources and the world’s largest developer of wind generation resources in securing regulatory approvals necessary to complete its acquisition of a major utility holding company
  • Represented a wireless telecommunications carrier in a rate-setting proceeding relating to access charges