Energy & Telecommunications

Offshore & Onshore Wind Power

Offshore and onshore wind projects are large and complex undertakings. From conception, to development, to full implementation, progress is dependent on implementing an approach that makes a client’s project inevitable. This strategy requires anticipation of key issues in permitting, skilled public relations, and vigorous prosecution of winning arguments. With every project, we stay focused on effective strategies that minimize controversy and risks, diminish costs, and increase inevitability.

Unparalleled Development Success in New England

Preti Flaherty has been at the forefront of a number pivotal offshore and onshore wind projects in New England. We had the unique experience of being the regulatory counsel to the only existing offshore wind power project pending in Maine—Maine Aqua Ventus—the first floating offshore project in New England to be awarded a term sheet by a governmental authority. 

Beyond Maine, Preti Flaherty has been instrumental in a number of wind power development projects. For example, our Energy lawyers negotiated a Joint Development Agreement between Deepwater Wind Rhode Island, LLC, the Office of Energy Resources, and the Rhode Island Economic Development Corporation (on behalf of the Rhode Island Governor and Commissioner of Energy) that advanced the 30 MW pilot wind power project, which could be followed by a 110 MW expansion, off the coast of Rhode Island. In addition, we have represented Renewable Energy Systems Americas, Inc. (RES Americas) in identifying and assessing the feasibility of large-scale wind projects in the northeast United States and in Maritimes Canada.

The firm’s deep experience with renewable energy projects, including hydro (river as well as pump storage), tidal, biomass, waste-to-energy, geothermal, fuel cells, and solar (both passive and active), compliments our ability to provide counsel for offshore and onshore wind power projects.

Government Affairs Acumen

Preti Flaherty's energy and environmental attorneys have been immersed in the establishment of the legislative and regulatory paradigms governing the development of renewable power projects since the 1990s and continue to be immersed in the area from both a project development and legislative/regulatory development perspective.

Our lawyers and lobbyists have been involved in every significant piece of renewable energy legislation in New England, whether defending Renewable Portfolio Standards, promoting local and community net metering projects, lobbying on governmental renewable power procurement programs, or promoting energy infrastructure development. In fact, before the successful Aqua Ventus project was before the Maine Public Utilities Commission, Preti Flaherty's Energy lawyers were involved in crafting a key compromise facilitating passage of Maine’s original Ocean Energy Act, which paved the way for development of Maine’s offshore wind assets. 

Our offshore and onshore wind power and renewables related services include:

  • Responses to Governmental/Utility RFPs
    • Pre-RFP issuance and lobbying services
    • Assistance with RFP response preparation and submission
    • Term Sheet, PPA, and other commercial negotiations, strategy, and drafting
  • Environmental Permitting
    • Clean Water Act §404 Permits (dredge and fill)
    • State permits
    • Rivers and Harbors Act
    • Local permits (as applicable to land-side development)
  • CZMA Consistency Determinations
  • Real Estate/Land Use
    • BOEM leasing/approvals
    • Acquisition (purchase, lease, and options)
    • Rezoning and state/local permitting
    • Conservation easements
    • Submerged lands leases
  • Linear Projects
    • Transmission lines, pipelines, and roads
  • 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
    • Presidential Permits (where applicable)
  • Power Purchase Agreements and Long Term Contracting
    • Numerous representations in connection with the negotiation of PPAs
  • Renewable Energy Credits (RECs)
    • REC Certifications in northeastern U.S. jurisdictions
    • REC Sales Contract review and negotiation
    • REC compliance and reporting assistance and advice
  • Project Financing
    • Due Diligence
    • Commercial
    • Public and Private
    • Debt and Equity
    • Tax Increment Financing
    • State economic development program opportunities
  • Federal Grants and Loan Guaranties

Firm Highlights

Press Coverage

Maine drops residency requirement for recreational marijuana businesses

Since Mainers voted to pass the Maine Marijuana Legalization Act in 2016, lawmakers have been wrestling with how to regulate sales. Last week, recreational marijuana businesses in Maine cleared a major hurdle to operation...

News

Preti Flaherty Attorney William Saturley Named Among America’s Top 100 “Bet-the-Company Litigators” for 2020

Preti Flaherty is proud to announce that attorney William Saturley has been selected for inclusion on the list of America’s Top 100 “Bet-the-Company Litigators” for 2020. America’s Top 100 recognizes the most qualified and...

Publication

Maine Workers' Comp Alert: WCB Transition to In-Person Hearings Likely to Occur No Sooner Than August 2020; Section 312 IME’s Have Resumed

A conference with Maine Workers' Compensation Board Executive Director John Rohde was held last week to discuss the transition to in-person hearings at the WCB. The WCB Subcommittees also met to discuss recent developments...

Publication

Contractor's Guide to Mitigating Risks in the AIA A201-2017 General Conditions

The AIA A201-2017 is generally a well-understood contract document and is used in a significant number of construction projects each year. While this standard contract covers most risks, there are a number of areas...

Press Coverage

As More States Release COVID-19 Cases by Town, Maine Says It Could Take 6 Months

As more states continue to release information on the number and distribution of coronavirus cases, officials from Maine's public health agency claim that making tallies available to the public under the state's Freedom of...

News

ACTIONS. NOW. FOR CHANGE.

Our country and our communities are suffering and in turmoil due to the racial injustices that have occurred for centuries and are still happening all around us today. It is difficult to comprehend and...

Publication

Legislative Alert: Governor’s Economic Recovery Committee Update

The Governor’s Economic Recovery Committee met on Friday June 26 th to hear reports from the Chairs of all six subcommittees. In the reporting on Friday the biggest monetary ask was from the Infrastructure...

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Eighteen Preti Flaherty Attorneys Selected as Chambers USA Leaders in Their Field

Eighteen Preti Flaherty attorneys and five practice groups have been selected for inclusion in the 2020 Chambers USA Guide to America's Leading Lawyers for Business , the highly regarded directory of leading attorneys and...

Press Coverage

Officer-involved Shootings Video - Maine Behind the Curve on Public Access to Information

More than three months after officers were involved in a fatal shooting of a Minot, Maine, resident, the Androscoggin County Sheriff's Office and the Office of the Attorney General continue to deny requests to...

Publication

Preti Flaherty COVID-19 Resources

In response to the ongoing COVID-19 pandemic, Preti Flaherty's attorneys have maintained a constant stream of the most up-to-date information and resources for our clients, business partners, and others struggling to navigate these complex...