Advising Encino Acquisition Partners (Encino Energy) on agreements for the sale and transportation of Encino's natural gas for compliance with Federal Energy Regulatory Commission requirements. Encino acquired the Ohio Utica Shale assets of Chesapeake Energy.

We advised a large independent oil and gas exploration and production company that will be an anchor shipper on a new regulated crude oil gathering pipeline in the Delaware Basin of Texas and New Mexico that will move crude oil from the basin to larger trunk pipelines and on to Cushing, Oklahoma and other points.  We assisted in the negotiation of a letter of intent, a transportation service agreement including benefits for anchor shippers that will require approval by the Federal Energy Regulatory Commission’s (“FERC”) in a petition for declaratory order, tariff provisions, storage agreements, and other contracts.  We also advised the client on timing and options for dealing with FERC’s current lack of a quorum, which limits the agency’s ability to issue the requisite declaratory order.  In addition, we reviewed and assisted in the negotiation of downstream transportation agreements.

Pierce Atwood represents project developer Plus Power in connection with the financing, land use, environmental mitigation and siting of a 150 MW / 300 MWh battery storage facility in Carver, Massachusetts. Cranberry Point Energy Storage is the largest battery storage project under construction in Massachusetts.

We represent the project developer before the Massachusetts Department of Public Utilities and the Massachusetts Environmental Policy Act Office (MEPA) for approval to construct and operate a 250 MW lithium-ion battery facility and a 345 kV transmission line.

We have been retained by an independent electricity transmission company to help them develop an energy storage business plan, evaluate battery vendors, prepare vendor contracts, and assist with applicable regulatory approvals and permits.

Represented biomass facilities in regulatory challenge to allocation of REC credits in Rhode Island.

Pierce Atwood represented Great Bay Renewables, LLC, in connection with a $40 million secured term loan facility to Great Bay’s development partner, Nova Clean Energy, LLC. This follow-on transaction comes two years after Great Bay’s initial investment into Nova and its parent company Bluestar Energy Capital in May 2022. Since that time, Nova has built an extensive pipeline of 25 wind, solar and battery storage projects totaling approximately 6.5 GW.

We advised Burgess Biopower on all aspects of financing the redevelopment of a shuttered paper mill into a state-of-the-art 75 MW biomass power plant located in Berlin, New Hampshire, which will burn waste biomass and sell power to the grid. The financing involved several sources of funds, including $63.5 million of new markets tax credit financing with allocation from six CDEs. The project also involved a $90 million section 1603 cash grant in lieu of an investment tax credit or production tax credits. The balance of the project was financed by $200 million of rated bonds provided by a consortium of financial institutions. We also advised with respect to EPC agreement, off-take power purchase agreement with PSNH and all project related agreements.

Pierce Atwood acted as real estate and environmental permitting counsel for Calpine Corporation in its $530 million acquisition of the 809 MW Fore River Generating Station in North Weymouth, Massachusetts from Exelon Corporation in 2014. Pierce Atwood attorneys from the Real Estate, Energy, Environmental and State and Local Tax practice groups worked seamlessly to analyze and resolve the many complex land use, tax, and environmental issues. The initial bid preparation through purchase agreement negotiation was accomplished in 15 weeks. Our work included analysis and management of complex tidelands, former coal ash disposal, dual fuel delivery requirement, and management of active MassHighway bridge relocation through the center of project site.

Firm client Calpine Corporation has acquired Granite Ridge Energy Center, a natural gas-fired, combined cycle plant in Londonderry, NH from Granite Ridge Holdings for $500 million. The plant provides about 2,000 MW of clean, flexible, and reliable energy to the region.

With our partners from Central and Eastern Europe, our Energy attorneys are leading a legal review of sector policies addressing climate change and promoting the transition to low carbon economies.

We successfully defended Central Maine Power Company’s standards for planning local transmission systems before the Maine Public Utilities Commission (PUC). In a year-long investigation into the appropriate standards for Maine’s electric utilities to use in planning their local transmission systems, we defended the standards that CMP has historically followed. The PUC Staff rejected most of CMP’s planning standards as unreasonable, but the Commission largely rejected the Staff’s view and affirmed that CMP’s planning standards reflect good utility practice, are reasonable and will help ensure that CMP’s customers have a safe and reliable transmission system. CMP is pleased with this outcome as it vindicates the Company’s position and will hopefully bring certainty to the planning of future transmission projects in Maine.

Represented a community-based wind farm in obtaining state regulatory approval for a long-term electricity contract.

We negotiated with a utility to ensure that our client’s compressed air technology could operate on the system.

We represented an energy provider in a commercial agreement to sell compressed natural gas (CNG) to commercial customers and a related $6 million convertible preferred equity investment in the CNG supplier.

Pierce Atwood represented Consolidated Communications Holdings, Inc. in obtaining approval from the Maine Public Utilities Commission of Consolidated’s acquisition of FairPoint Communications, Inc.  The all-stock transaction was valued at approximately $1.3 billion including debt and based on present equity value. 

Represented investor in all aspects of converting a defunct paper mill into a biomass facility, including development, financing, power sale, fuel purchase, and renewable energy credits.

The United States Court of Appeals for the DC Circuit vacated FERC's decision to withhold over-collections payments from our clients. Agreeing with seven firm clients, the court found that FERC's directive that PJM recoup over $37 million in previously ordered refunds associated with transmission line loss overpayments was arbitrary and capricious. We argued that, because financial market participants pay transmission line loss charges, and for the period at issue also paid for the transmission system through the payment of transmission charges, they were entitled to a fair share of the over-collections paid back to all other participants. The court agreed and found unreasonable FERC's decision to deny an allocation to financial participants while they were paying transmission charges and also challenged FERC's decision to first order such payments and then almost two years later change its mind and seek to claw back the refund amounts. The Court remanded to FERC for reconsideration and explanation. Black Oak Energy, LLC v. FERC, No. 08-1386 (Aug. 6, 2013). The remand also led PJM to agree to a stay of Delaware state court proceedings initiated by PJM to collect the amounts from the three of the marketers.

We are working with Central Asia on creation of regional electricity and gas markets to encourage coordination of cross-border interconnection investments.

Represented Cumberland Gulf and others in rulemaking proceedings before the Maine Public Utilities Commission.

We are assisting Via Science to provide reliability services for grid operators by collecting and analyzing data.

Advised a Kentucky developer of solar PV projects in connection with new market tax credit opportunities, off take agreements, financing and tax credits.

On behalf of Beacon Power Corporation, one of our attorneys worked with ISOs/RTOs to develop tariffs for FERC’s approval that established a category of ancillary service providers for companies providing fast-responding Frequency Regulation. As a result of the implementation of these tariffs, flywheels and batteries were permitted to bid competitively for specific ancillary services.

We represent and advise landfill owners in the development of gas-to-energy sites where methane is extracted from the landfill and used to generate electricity.

We are assisting Ørsted (formerly DONG Energy), a Danish energy company and one of the world's leading developers of off-shore wind generation facilities, in connection with the development of off-shore wind generation and related facilities southwest of Martha’s Vineyard.

The U.S. Agency for International Development has been working with representatives of the Libyan provisional government to restructure its electricity market to attract needed private investment. Although any recommended changes likely will not be implemented until the civil war ends, Pierce Atwood attorney Julia Weller has been asked to draft a new Electricity Market Law for Libya to introduce international best practices, establish a phased introduction of competition and create a new independent regulator. 

Working with our colleagues Mercados-AF we submitted two new laws to the Jamaican government. The consortium, Mercados-AF, was awarded two World Bank contracts to develop and implement new electricity and gas sector policies. We partnered with them to write two new energy acts. We wrote a framework for a new Electricity Act that will foster competition for new power plants on the island. We also developed the framework for a new Natural Gas Act that will govern the import, storage, sale, transmission, and distribution of natural gas – whether in the form of LNG, compressed natural gas, or locally discovered gas. The Ministry of Science, Technology, Energy and Mining of Jamaica is very pleased with the results of both projects.

We advised the Electricity and Cogeneration Regulatory Authority of Saudi Arabia (ECRA) on a variety of legal, regulatory and related issues arising from the decision of the King Abdullah City for Atomic and Renewable Energy (K.A.CARE) to introduce 54 GW of renewable energy and 18 GW of atomic energy into Saudi Arabia by 2032, in order to reduce the use of oil for power generation, including cogenerated desalination and water storage projects. We led an international team of consultants (A.S. Azzouni Consultants, Inc.; The Brattle Group; ICF International, NTE Solutions, LLC) on this project, with respect to a variety of legal, regulatory, and market issues including an international Comparison of Markets Study, assessment of the K.A.CARE targets, interconnection, transfer pricing and related grid and market operational issues; legal review and analysis of proposed amendments to the Electricity Law; nuclear, and health and safety licensing issues; and institutional organization, structure, and authority of the regulator.

On behalf of the European Bank for Reconstruction and Development, we headed a team of legal and technical experts in assessing the legal and regulatory framework for energy efficiency in the industrial sector of Kazakhstan, surveying the energy use of the biggest energy consumers, identifying international best practices benchmarks for energy consumption, and performing a benchmarking of the leading industrial companies in Kazakhstan.

We represent energy companies in all types of enforcement proceedings before FERC—from investigations to trials. We also routinely provide audit and regulatory compliance training.

We represent the project developer of a 150 MW battery energy storage facility before FERC and NYISO.

We advocated for RES-Americas before FERC and state initiatives to help ensure the use of our client’s battery systems on the grid.

Pierce Atwood successfully represented the U.S. Energy Storage Association in a Federal Energy Regulatory Commission rulemaking. In its Order 841, FERC found that existing RTO/ISO market rules are unjust and unreasonable in light of barriers that they present to the participation of electric storage resources.

We successfully obtained from the Federal Energy Regulatory Commission (FERC) two key waivers of its capacity release rules for a large independent oil and gas producer client.  FERC requires that shippers on natural gas pipelines that seek to transfer pipeline capacity in connection with a large transaction or exiting the natural gas supply business seek a waiver of the capacity release rules and policies to ensure that there are no inadvertent violations. 

Represented Florida developer of nation’s largest forest biomass-powered generating plant in contracting, siting and appellate matters.

Represented Florida Power and Light on real estate title, easements, entitlements, and documentation, as well as the transfer of federal, state, and local environmental and land use approvals, in connection with the acquisition of the Seabrook, New Hampshire Nuclear Power facility.

We represent Fox Islands Wind LLC, the developer and operator of an innovative island community wind project, in all aspects of its business, including environmental permitting, real estate, litigation, corporate, and compliance matters.

Represented Fox Islands Wind, LLC in the development of an innovative initiative supported by the island's consumer-owned electric cooperative, nonprofit institutions, and private investors, which included the receipt of federal production tax credits.

We are assisting Ascendant, BELCO, and other Ascendant companies with preparing comprehensive legislation, implementing regulations, and related materials for consideration by Ascendant and other stakeholders within Bermuda, in order to create a legal, regulatory, and publicly accepted framework that will support necessary investment in energy infrastructure (including renewable generation and a proposed LNG import facility, to permit gas-fired power generation), demand-side management, a significant roof-top PV program, and related efforts to diversify BELCO’s generation portfolio, and stabilize customer costs, while maintaining a robust and reliable system and without triggering further retail price hikes that would be politically infeasible.

We represent the national electric transmission company of Kyrgyzstan in negotiating all project documents related to the development of the Central Asia-South Asia (CASA-1000) Transmission Project, a 1300 MW transmission line to enable the sale of excess summer hydropower from the Kyrgyz Republic and Tajikistan to Afghanistan and Pakistan. The $1.3 billion project, to be financed by the World Bank and other multilateral institutions, involves construction of three DC/AC converters, over 750 km of HVDC lines and 477 km of HVAC lines. The project achieved financial close in April 2015 and construction is scheduled to start in 2016.

Helped devise and negotiate innovative project development loan and equity option agreements between a private equity fund and a renewable project developer to secure, fund and ultimately develop renewable projects.

We represented the Independent Oil & Gas Association of West Virginia, Inc. in a successful resolution of a contentious multi-party settlement of Texas Eastern Transmission's revised natural gas quality specifications. This settlement secured the flexibility and standards needed for Marcellus Shale gas and traditional Appalachian supplies to meet pipeline specifications.

We represented Eolian before ISO-NE and FERC as pertains to their bid into the Forward Capacity Auction (FCA).

On behalf of the European Bank for Reconstruction and Development (EBRD), we drafted a “Green Economy Law” for the Ministry of Economy and Budget Planning in Kazakhstan, which involved an assessment of Kazakhstan’s existing laws in a variety of sectors (including the Environmental Code, the Water Code, the Electricity Law, the Renewable Energy Law, the Tax Code and the Administrative Offences Code), as compared to international best practices for “green principles.” Pierce Atwood and its local lawyers in Astana and Almaty participated in meetings with stakeholders, and then proceeded to develop amendments to 22 laws and their related sub-acts. The final Green Economy Law will introduce green economy principles into Kazakhstan’s legislative framework, based on models taken from countries that are leaders in “green economy” best practices in environmental management, including water usage, waste disposal and management, air emissions, and energy efficiency.

For the Kingdom of Jordan, we served as lead counsel to the Ministry of Economy and the National Electric Company in the negotiation of all project documents in connection with a private investor funded and developed 375-400 MW combined cycle gas plant; significantly, due to the flexibility and cooperation of all parties, including the private investor, the government, and lenders, we were able to achieve financial close in November 2009 at the height of the global economic crisis. The plant began commercial operations in early 2012.

Represented Pine Tree Landfill in obtaining necessary permits for construction and operation of 5 MW landfill gas-to-energy facility.

Represented Maine Natural Gas on its annual cost of gas proceeding. We ably assisted MNG to prepare the filing and get it approved by a Commission without any issue in a matter of weeks. MNG was very pleased with the outcome and to have Pierce Atwood on its team.

Represented market participants, including Bath Iron Works, Calpine, and Cate Street in ISO-NE markets, providing them representation and advice regarding compliance with market rules.

We represented a leading energy provider in mediation of approximately $150 million in related claims by two contractors arising out of a $1.55 billion transmission line construction project.  The claims arose from an allegation that environmental compliance on the project was overly restrictive, leading to both delay and significantly increased costs of compliance.  After two days of mediation per claim that included presentations by expert witnesses, we resolved the disputes for a fraction of the requested amount. 

In Georgia, we advised the Ministry of Energy on a variety of issues related to promotion of hydropower investment for export of electricity to Turkey, including an assessment of the legal and regulatory framework for investment in the hydropower sector, drafting of an Information Memorandum for private investors, review of the Market Rules, drafting and negotiation of a Cross-Border Electricity Trade Agreement between Turkey and Georgia which was executed in January 2012, and development of a new market design.

Provide corporate and regulatory counsel to a large, Boston-based banking institution in connection with the monetization of federal and state income tax credits associated with a wide variety of energy projects.

Represented the monetization of wood fueled electric power generating facilities in Maine and New York developed by Boralex Industries, Inc.

As development of the Marcellus shale natural gas formation accelerated in 2010, Texas Eastern Transmission, a major interstate pipeline, and its large utility customers began to develop new quality specifications for natural gas shipped on the pipeline. Although Appalachian natural gas has long included high concentrations of ethane, and that gas previously met pipeline quality specifications and posed no threat to pipelines or consumer equipment, the large utilities wanted the ethane removed from the gas stream – at the producer's cost. The principal market for ethane is the petrochemical manufacturing region in Texas and Louisiana and there is no existing pipeline or other reasonable means of shipping the ethane. Representing long-time gas producer association clients Independent Oil & Gas Association of West Virginia, Inc. and Independent Oil & Gas Association of Pennsylvania, Pierce Atwood led the efforts to forge a multiparty settlement of the quality specifications at FERC. Pierce Atwood's efforts avoided costly litigation and secured the producers and pipelines upstream of Texas Eastern significant flexibility and gas quality standards that ensure Marcellus shale gas and traditional Appalachian supplies will meet pipeline specifications and flow to critical northeastern market.

On behalf of the National Association of Regulatory Utility Commissioners (NARUC), we are assisting with drafting a new Electricity Market Law for Azerbaijan, to enable Azerbaijan's transition towards compliance with European Union requirements.  NARUC is supporting the Ministry of Energy of Azerbaijan on drafting the new law and creating a new market model for its electricity. The working committees set up by the Acting Minister of Energy include representatives from the Ministries of Energy and Economy, the two key utilities, other governmental agencies, the US Embassy and the USAID Mission.

Since 2017, Pierce Atwood has represented Avangrid Networks, Inc. and its affiliates CMP and NECEC Transmission LLC on all aspects of the development of the New England Clean Energy Connect (NECEC), a $1 billion, 147-mile high-voltage direct current transmission line that will interconnect the New England transmission system with the Hydro-Quebec (HQ) transmission system at the Canadian border in western Maine. The NECEC will deliver 1,200 MW of hydropower generated by Hydro-Quebec to the New England grid around the clock for at least 40 years. As found by the Maine PUC, this project promises to reduce the cost of electricity in Maine and New England by tens of millions of dollars each year, increase the reliability of the New England electric grid, and reduce greenhouse gas emissions by 3.0-3.6 million metric tons annually (the equivalent of removing 700,000 cars from the road).

Assisting Cate Street’s subsidiary Newco Energy in development and $275 million new market tax credit and Section 1603 financing of its biomass plant in Berlin, New Hampshire.

Represented NTE Energy, a power developer and energy services provider, in strategizing, structuring, negotiating, and documenting equity investments for three natural gas-fired power plants valued at more than $1.1 billion.

Represent NTE Energy in connection to its hybrid renewable biomass power generation projects. We have assisted with all aspects of development, financing and off-take agreement negotiations for projects in Florida, Tennessee, Alabama, Louisiana, Mississippi, Virginia, New Jersey, North Carolina, South Carolina, Ohio, Indiana and Washington.

We have represented a nuclear power plant in New Hampshire on multiple property tax valuation matters, as well as on obtaining pollution control exemptions.

We serve as general counsel to Ocean Renewable Power Company, LLC, a developer of tidal energy technology and projects. Our work includes successful applications for FERC and state environmental authorizations for product trials in Western Passage off the Maine coast, a program that is now implemented in Alaska and Canada.

We are advising large pension funds in interest rate hedging programs, including OTC derivatives and exchange-traded futures contracts and related clearing agreements.

We represented Xpress Natural Gas (XNG) in expanding access to compressed natural gas throughout the State of Maine and elsewhere in New England. Pierce Atwood assisted XNG in obtaining all necessary regulatory approvals and environmental permits for compressed natural gas production facilities in Baileyville and Eliot, Maine. These facilities receive natural gas from major pipelines, condition and compress it, and then dispense it into tank trailers made of composite materials. The trailers are then trucked to customer locations throughout Maine and elsewhere, where the CNG is used primarily as boiler fuel. These were the first facilities of their kind in New England, and allow consumers who are not presently served by a gas utility to take advantage of this abundant, clean burning, economic and domestically produced energy resource. Our attorneys successfully led XNG through the process of obtaining approvals from the Public Utilities Commission. We drafted and obtained a town zoning ordinance amendment and other local approvals, and successfully navigated permit or exemption issues before the Department of Environmental Protection, the Maine Fuel Board, and the State Fire Marshal. We were also successful in determining that the facility was not subject to Federal Energy Regulatory Commission jurisdiction.

Representing New Leaf Energy, Inc. (formerly Borrego Solar Systems, Inc.) in the preparation of petition to the Massachusetts Department of Public Utilities for approval of battery storage systems, including a facility located in western Massachusetts.

Pierce Atwood represented Great Bay Renewables, LLC, in connection with a $6.1 million PJM interconnection deposit facility to support Red Stone Renewables, a privately-owned developer of utility scale renewables projects.

We won a precedent setting appeal before the Texas Public Utility Commission involving a decision of the Electric Reliability Counsel of Texas (ERCOT) on behalf of our clients West Oaks Energy and Longhorn Energy. This PUCT decision rejected a retroactive market resettlement that had been ordered by ERCOT, resulting in a $10 million price reversal for our clients and others. In this case, ERCOT adjusted settled market prices, on a retroactive basis, for the December 1, 2010 through February 1, 2011 period , claiming there had been a “significant software or data error” that justified the price change. In the appeal to the PUCT we demonstrated that in fact there was no software or data error, simply an unhappiness on ERCOT’s part with how its own market design was functioning. The PUCT, by unanimous vote, agreed with us and also agreed that while prospective rule changes are needed from time to time it is extremely harmful to market participants, and to market confidence, to try and make these changes on a retroactive basis. This decision has also led to a potential reversal of a second market resettlement that was ordered by ERCOT. In that second case, and on behalf of firm client XO Energy TX, we had challenged an almost identical retroactive market resettlement as unlawful and contrary to system protocols. This second resettlement involved over $2.7 million. At ERCOT’s request this matter is now being held in abeyance until the next ERCOT Board meeting when it will be reconsidered. We are delighted with these outcomes and believe the PUCT decision is likely to put an end to unwarranted, after the fact price changes in the ERCOT market. We believe it also establishes very important precedent for all ISO electricity markets.

Lead real estate and permitting counsel to NYSE-listed energy company on purchase of all operating permits and development rights for 300 MW class to-be-constructed combined cycle dual fuel project, requiring delivery of new gas laterals and redeployment of excess water reservoir capacities for cooling.

Retained to advise Vermont Electric Power Company (VELCO) in connection with general regulatory issues. 

Represent developer, owner and operator of renewable gas facilities in all aspects of negotiating and documenting the siting, supply, off-take and financing of their renewable energy projects, which produce biogas, pipeline-grade methane and carbon sequestration credits from livestock and food industry waste streams by utilizing an advanced anaerobic digestion technology.

Represented an owner/developer in conjunction with all aspects of a major commercial facility roof top PV installation in California, which at the time was the largest project of its type there. This work included negotiation of Cal ISO grid integration protocols, negotiation with the local utility with which the project interconnects, working with the California PUC on permits and tax credits, and advice regarding federal tax credits, together with associated commercial and financial advice.

Pierce Atwood represented Great Bay Renewables in connection with its $45 million royalty financing of U.S. renewable energy developer Hexagon Energy, LLC. With this transaction, Great Bay gains future royalties related to Hexagon’s portfolio of solar, solar plus energy storage and standalone energy storage development projects. Hexagon’s portfolio currently consists of 43 development projects totaling 5.3 GWac located across 12 states and four regional transmission organizations.

Pierce Atwood advised Great Bay Renewables, LLC, with respect to its $30 million royalty investment in renewable energy developer Nokomis Energy’s portfolio of 77 solar development projects located across seven states. The transaction also includes any future development projects added to Nokomis’s portfolio. The $30 million royalty investment will be made in tranches over approximately the next two to three years as Nokomis achieves certain project advancement milestones.

Pierce Atwood represented Great Bay Renewables in connection with its $30 million royalty investment in Apex Clean Energy’s 195 MWac Angelo Solar project in Tom Green County, Texas.

Pierce Atwood represented Great Bay Renewables in its $35 million royalty investment in a 250MW solar project developed by Longroad Energy, known as Prospero 2. The Prospero 2 solar project, located in Andrews County, Texas, achieved commercial operation on August 2, 2021, and is operated by Longroad. The solar facility is located on land leased from the University of Texas under a long-term lease agreement.

Representing Great Bay Renewables in connection with royalty investments being made in both renewable energy projects and renewable energy developers.

Representation of Great Bay Renewables, Inc. in connection with its acquisition by Altius Renewable Royalties Corp., a subsidiary of Canadian company Altius Minerals Corporation.

On behalf of our client Iberdrola Energy Projects, Inc., we successfully negotiated a project labor agreement (PLA) with more than 24 trade unions for the construction of a $750 million combined-cycle gas turbine (CCGT) electric generating power plant in Salem, Massachusetts. This challenging project was made more complex by months of unanticipated delays relating to environmental permitting and financing issues. Nevertheless, construction commenced in April 2015, and when complete the new CCGT plan will supply electricity to more than 600,000 homes while lowering regional greenhouse gas emissions.

We represented a regional sewer commission in contract negotiations for the procurement and construction of a series of wind turbines.

Representation of Southbridge Business Center in connection with 15-year oversight of 3.2 MW combined cycle electric/ steam/hot water/chilled water system for plant landlord and owners of serviced hotel and industrial park. Managed successful workout when plant operator failed.

Negotiated electricity, capacity, and REC contracts on behalf of state agency.

Representation of Sunlight Capital Partners in connection with acquisition, disposition and financing of their portfolio of 200 MW of small scale solar projects located in southern California.