Representative Matters

Experience in the Commercialization and Regulation of Wind Energy Projects:

  • Chief Regulatory counsel at two major wind energy companies and member of project development team. Worked on 28 wind energy projects currently in operation or under construction in Maine, New York, Iowa, Minnesota, New Mexico, Oklahoma, Pennsylvania, Texas and Wyoming totaling over 1,800 MW. Through joint development agreements worked with partners to advance wind farm development with transmission projects in 10 additional states, with a 5,000+ MW pipeline of development stage projects.
  • SUPPLY – INTERCONNECTION – COMMERCIAL AGREEMENTS. Analyzed, structured, drafted, negotiated and filed complex Power Purchase Agreements (PPAs), interconnection agreements and tariffs, bilateral contracts, guarantees, credit support documents, confidentiality agreements, off-take and supply agreements for wind energy projects.
  • FEDERAL LICENSES. Performed legal analyses and made filings at FERC to obtain federal licenses for wind energy projects to connect to the power grid and sell power at wholesale. Obtained licenses for Market Based Rates (“MBR”), Qualifying Facility (“QF”) and Exempt Wholesale Generator (“EWG”) status for projects totaling 300+ MW.
  • FEDERAL LEGISLATION and REGULATION. In depth working knowledge with legal and business experience in the following laws and regulations relating to wind energy development, commercialization, and operation. 
    • Federal Power Act (“FPA”)
    • Public Utility Holding Company Act of 2005 (“PUHCA”)
    • Public Utility Regulatory Policies Act of 1978 (“PURPA”)
    • Energy Policy Act of 2005 (“EPACT 2005”)
    • Open Access Transmission Tariff (“OATT”) Orders 888, 890 et al.
  • STATE LICENSES. In depth working knowledge with legal and business experience in State laws and regulations relating to wind energy development, commercialization, and operation. Foreign Corporation - Do Business in State, PGC - Power Generation Company Registration, REC - Renewable Energy Certification, Reporting Wholesale Sales, Emergency Plans, Public Utility Commission Requirements, etc.
  • RENEWABLE ENERGY CREDITS. Performed legal and business analyses and registered over 300 MW of wind energy projects for Renewable Energy Credits (“RECs”). Registered several dozen facilities and corporations with leading REC certification and tracking organizations including M-RETS, WREGIS, and GATS.
  • REGIONAL TRANSMISSION ORGANIZATIONS (“RTO”). (ISO-NE, PJM, NYISO) Represented wind energy companies, advocated, negotiated, defended and made filings with RTOs for renewable energy projects for Interconnection Agreements, General (Governance) Membership Agreement, Market Membership Agreement, and Generator Data Capabilities/Status/Performance.
  • TRANSMISSION UTILITIES. Represented wind energy companies with transmission Utility companies, advocated, negotiated, defended, drafted and made filings for renewable energy projects for Interconnection Agreements, Power Purchase Agreements (“PPA”) and Qualifying Faculty status.
  • NORTH AMERICAN RELIABILITY CORPORATION (“NERC”). Pursuant to Federal legislation under EPACT 2005, implementation of reliability rules for power grid owners, operators, and users, (including wind energy generators) became mandatory. Represented wind energy companies at NERC and its regional entities. Advocated, analyzed laws and regulations put in place compliance programs and processes and procedures, registered facilities, conducted six self-certifications, and successfully completed full tabletop audits by NERC of three wind energy facilities.