Pierce Atwood’s energy infrastructure attorneys work with energy companies, energy project developers, contractors, vendors, lenders, equity investors, and purchasers and sellers to successfully develop new energy infrastructure projects, including electric generation and transmission facilities and natural gas and oil pipelines, or transfer ownership of existing or planned facilities. Our experience includes counseling clients on the development, purchase, and sale of traditional electric generation facilities such as gas-fired or dual-fuel combined-cycle power plants, decommissioning of older fossil fuel and nuclear power plants, electric transmission infrastructure, natural gas, crude oil and petroleum products pipelines, liquefied natural gas (LNG), compressed natural gas transported by truck, and the latest renewable generation technologies including onshore and offshore wind, solar, energy storage, biomass, bio-gas, and hydroelectric projects, as well as state and federal regulation of such projects.
Pierce Atwood energy infrastructure lawyers have substantial and diverse expertise in all aspects of power generation development, including land assembly, environmental permitting and siting, state and federal energy regulation, fuel procurement, gas and power interconnection and purchase power agreements, asset management agreements, turnkey arrangements, as well as corporate, financing, construction, real estate, land use, property tax, and construction and surety litigation matters. Our experience includes all types of generation technology, including thermal generation facilities, fueled by natural gas, oil, bio-mass and bio-gas, and renewable generation technologies, including onshore and offshore wind, utility-scale and rooftop solar, tidal and hydro generation facilities. Our lawyers also have significant experience in all aspects of the development of energy storage facilities on behalf of independent developers and in coordination with transmission and distribution utilities for voltage regulation, peak shaving and grid reliability.
Our energy infrastructure lawyers have regularly represented a major developer of electric transmission projects, both AC and DC, within ISO-New England and NYISO, on all aspects of development, including regulatory authorization, environmental permitting and siting, real estate, land use, and eminent domain issues and construction contracting and dispute resolution. With the advent of FERC Order 1000, our attorneys have also taken the lead in preparing detailed proposals to competitive solicitations for new transmission facilities designed to address public policy needs including connecting renewable resources to the transmission grid and mitigating transmission congestion.
Our natural gas and oil attorneys have a wide range of experience in obtaining Federal Energy Regulatory Commission (FERC) approval of new interstate natural gas pipeline and storage projects, providing critical advice to developers of natural gas pipelines in qualifying for statutory and regulatory exemptions from FERC’s jurisdiction under the Natural Gas Act, including Hinshaw pipelines, intrastate pipelines, gathering and processing facilities, and single use plant lines. We counsel oil and petroleum products pipeline developers on Interstate Commerce Act and FERC regulatory requirements for new common carrier pipelines as well as qualification for waivers of tariff and reporting requirements, open season materials, FERC pre-approval or volume commitments and prorationing preferences.
Our power project attorneys also have extensive transactional experience, conducting due diligence of all the areas noted above to identify and characterize risk, structuring and renegotiating deal terms and purchase and sale contractual provisions, setting up and managing data rooms, and preparing disclosure schedules.
In addition, Pierce Atwood has sophisticated construction and admiralty practices, allowing us to seamlessly address offshore or water-based projects and related construction requirements. Clients benefit from knowing that within a single law firm, they have access to a team of accomplished energy infrastructure attorneys with the background and expertise to address the many aspects and issues involved in acquiring, developing, and operating power generation and transmission projects.