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.

Representative Experience

The $1.5 billion Maine Power Reliability Program was the largest transmission project in Maine's history, with approximately 350 miles of new high voltage transmission line and five new substations. Pierce Atwood was instrumental in helping CMP assess the need for the project through the ISO-New England regional transmission planning process, overseeing the studies to develop the transmission solution for that need, preparing the non-transmission alternative assessment for the project, and obtaining all federal, state, and municipal environmental and land use permits for the project.

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$1.5 Billion CMP Maine Power Reliability Program

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.

Anchor Shipper for New Regulated Crude Oil Gathering Pipeline

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

Biomass Facilities in Regulatory Challenge To Allocation of RECs in Rhode Island

Represented Brookfield Renewable Power in matters concerning the Ripogenus and Penobscot Mills, including judicial appeals of FERC license orders. We obtained a favorable ruling in Conservation Law Foundation v. FERC, 216 F.3d 41 (D.C. Cir. 2000).

Brookfield Renewable Power in Ripogenus and Penobscot Mills Matters

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.

Burgess Biopower New Hampshire Mill Redevelopment

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.

Calpine Acquisition of Fore River Generating Station

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.

Calpine Acquisition of Granite Ridge Energy Center

Represented Cate Street Capital, Inc. in connection with acquisition, disposition, and financing of their portfolio of companies, including private placements, structured finance, tax advantaged finance, and traditional M&A activity. The Cate Street portfolio includes Red Desert (water reclamation facility); Sunlight Partners (solar technology development); Thermogen Industries (biocoal manufacturing); Purified Plastics (recycling and manufacturing facility); Burgess Biopower (75 MW renewable power generation facility) and Organic Nutrition Industries (renewable proteins).

Cate Street Capital Portfolio Company Matters

Represented Central Maine Power Company and Milliken Company on hydropower redevelopment, off-take licensing, project finance and related activities.

CMP and Milliken Company on Hydropower Redevelopment and Related Activities

Lead counsel to Central Maine Power Company in its sale to FPL Energy of its entire generation portfolio, including 27 hydroelectric facilities totaling 373 MW.

CMP Sale of Generation Portfolio to FPL Energy

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

Community-Based Wind Farm State Regulatory Approval for Long-Term Electricity Contract

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.

Converting Defunct Paper Mill into Biomass Facility

We have been engaged to represent Ocean Renewable Power Company, LLC in connection with its conversion into a corporation and a subsequent Series A financing.

Corporate Conversion & Series A Financing for Ocean Renewable Power

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

Cumberland Gulf in Rulemaking Proceedings Before MPUC

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

Developer of Solar PV Projects Off-Take Agreements and Financing Matters

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 Bay State Wind, its proposed off-shore wind farm southwest of Martha's Vineyard.

Development of Offshore Wind Farm