Wind Power Projects

Preti Flaherty has supported clients with wind power development projects such as:  

Confidential Out-of-State Client – LURC Jurisdiction
On behalf of a major energy supply company, Preti Flaherty assisted in the assessment of siting options for a 250 MW project within land governed by the Land Use Regulatory Commission ("LURC"), provided legal analysis of siting constraints and potential permitting obstacles, worked with environmental consultants to minimize footprint of project (visual, as well as terrestrial), and prepared and negotiated all project property leases and options. We also prepared detailed a permitting scope of work and schedule.

Confidential Client – Western Maine Mountains
On behalf of a VC partnership, PretiFlaherty assisted the client with the identification of turbine and transmission line siting options, landowner negotiations, meteorological tower permitting, project financing and general project development (scoping and schedule) for a 20-30 MW project identified for the Western Maine Mountains.

Maine Windpower, LLC – Moscow, Maine
Preti Flaherty attorneys have assisted in the exploration of a potential project at the former U.S. DOD Radar Station in Moscow, Maine (corporate and due diligence efforts to date); the site currently has two meteorological towers collecting data.

Beaver Ridge Wind – Freedom, Maine
In 2007, Beaver Ridge Wind, LLC and Preti Flaherty became active in drafting and helping to pass legislation setting high targets for wind production in Maine, including making small local wind projects known as "community wind" possible. We helped Beaver Ridge Wind bring its proposal - a three 400-foot turbines, 4.5 megawatt wind project - to life, which meant navigating nearly every imaginable obstacle. Three municipal referenda, including the adoption and repeal of a zoning ordinance, multiple abutter lawsuits, and land access issues, stalled our efforts to begin delivering enough oil-free electricity to serve 2000 homes.

Through a combination of legal persistence and the widespread feeling that renewable energy is an idea whose time has come, we helped Beaver Ridge Wind turn talk about renewable energy into reality. Construction was completed in the Fall of 2010.

Fox Islands Electric Cooperative/Fox Islands Wind – Vinalhaven Island, Maine
Completed in the fall of 2009, Fox Island Wind ("FIW") is the largest community wind-power facility on the East Coast of the United States and New England's largest coastal wind project. The three turbine 4.5 MW project went on-line commercially in December 2010. On behalf of the Cooperative and FIW, we undertook the following activities:

• Assisted in the creation of Fox Islands Wind subsidiary to take advantage of ITCs not available to the nonprofit Cooperative
• Corporate and tax work to support tax equity investment in project, as well as bridge financing for project from Rural Utilities Service.
• Won Maine PUC approval for creation of subsidiary and intercompany financing arrangements
• Negotiated power purchase agreement
• Federal regulatory work relating to market based sales
  

Confidential Client – Project Due Diligence
On behalf of a major energy developer/generator that was a prospective purchaser, Preti Flaherty undertook extensive due diligence of two major (99 MW total) permitted and partially built wind projects in Maine. The effort involved detained evaluation of all aspects (financial, technical, environmental, interconnection, power purchase agreements, and current and anticipated issues) of each project. The evaluation resulted in a detailed report to senior company management.

State of Rhode Island
On behalf of the Rhode Island Governor and Commissioner of Energy, we negotiated a Joint Development Agreement between and among Deepwater Wind Rhode Island, LLC ("DWW"), the Office of Energy Resources and the Rhode Island Economic Development Corporation pursuant to which DWW would build up to 120 MW of windpower off the coast of Rhode Island. Twenty megawatts would be in RI waters (Phase 1) and Phase 2 would consist of 100 MW of power located in U.S. waters.

Raytheon Corporation
We have represented the company in siting, permitting and power purchase agreement negotiations relating to various behind-the-meter wind projects at a number of Raytheon's facilities across the country.

Renewable Energy Systems Americas, Inc. (RES Americas)
We have represented RES Americas in all aspects of siting, permitting, financing and construction relating to various wind projects (on-shore and off-shore) in the Northeast and Southeast U.S.

First Wind
Preti Flaherty lawyers defended First Wind's long-term power purchase agreement with Maine utilities against appeal at the PUC. We also obtained Rhode Island REC Certification for several large wind farms in northern New York State.

Brookfield Renewable Energy / Granite Reliable Power (NH)
For Brookfield, we acquired the development rights for 100 MW facility located in northern New Hampshire. We also executed and defended a contested license transfer before the NH Siting Board

High Meadow Trust
As part of an initial exploration of the feasibility of a 30 MW site, Preti Flaherty attorneys initiated land option negotiations and permitted a meteorological tower in Winterville Plantation, Aroostook County, Maine (LURC jurisdiction).

Lakeville Shores, Inc.
We represent a significant landowner in a Township 16 in a LURC rezoning and expedited wind rulemaking petition and development permit application. This is a 34 MW project.