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
- 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
- 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
- Due Diligence
- Public and Private
- Debt and Equity
- Tax Increment Financing
- State economic development program opportunities
- Federal Grants and Loan Guaranties