Wind Power

Preti Flaherty has been deeply immersed in the growth of the windpower industry in Maine since the commercial viability of the wind resources of the state was first identified. In fact, Preti Flaherty's energy lawyers drafted the first legislation, sponsored by then-Senator Ethan Strimling, that set the first targets for windpower generation capacity in Maine.

That legislation was crafted following a detailed 49-state survey of windpower regulatory paradigms, and the Strimling bill was based on the best practices identified across the country. This legislation was passed in 2005 and was the birth of the current statutory and regulatory structure that fosters development of windpower projects in the state of Maine. Preti Flaherty's energy attorneys were there in the beginning and continue to be immersed in the area from both a project development and legislative and regulatory development perspective.

View a list of our recent wind power projects

Wind Power Related Services:

Renewables Generally - Wind (onshore and off-shore), Hydro (river as well as pump storage), Tidal, Biomass, Waste-to-Energy, Geothermal, Fuel Cells, Solar (both passive and active)

DEP Permitting:

• Expedited Wind Permits
• Site Location of Development Act Permits
• Natural Resource Protection Act Permits
• Clean Water Act §404 Permits (wetlands)

LURC Rezoning and Permitting: Largest and most active LURC practice of any Maine firm

Real Estate / Land Use

Linear Projects: Transmission Lines, Pipelines and Roads

Local Permitting: Planning Boards, Zoning Boards of Appeal and City Councils

Interconnection Agreements

Regional Grid Operator ISO-New England:

• Participation in and compliance with markets run by ISO-NE

Federal Licensing and Permitting:

• Approval to make wholesale energy sales, including Market Based Rate Authority

Power Purchase Agreements and Long Term Contracting

• Numerous representations in connection with the negotiation of PPAs
  
• Preti has been actively involved in all long term contracts awarded by the Maine PUC under its long term contracting authority, including successfully defending a 2009 award to First Wind, negotiating the 2010 contract for a proposed 25 MW biomass unit, and currently negotiating the first long-term contract for a community based renewable project

Renewable Energy Credits (RECs):

• Various representations in connection with REC Certifications in Maine and other Northeastern U.S. jurisdictions
• Pending application for Verso biomass project in Maine
• Pending application in Rhode Island for wind projects in New York State

Qualifying Facility (QF) and Exempt Wholesale Generators (EWG) Certifications

Project Financing: Commercial, Public and Private, Debt and Equity

Federal Grants and Loan Guaranties