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

News

Attorney Bodie B. Colwell Elected IWIRC Management Committee Vice Director of Social Media

Preti Flaherty is proud to announce that attorney Bodie B. Colwell has been elected to the Management Committee of the International Women's Insolvency & Restructuring Confederation (IWIRC), where, effective January 1, 2021, she will serve...

Event

The Crisis of the She-cession and What Employers Can Do to Address It

Preti Flaherty is proud to partner with our friends at KMA Human Resources Consulting for their Lunch and Legal Conversations webinar series, moderated by Rhoda McVeigh, Director of Consulting Services at KMA. Each program...

Publication

Maine Workers' Comp Alert: WCB Updates Guidance on COVID-19 Reporting and Related Requirements

The Maine Workers’ Compensation Board has updated its COVID-19 FAQ with current guidance and reporting requirements. Although the information offered is not legal advice and is not judicially enforceable, it is helpful direction in...

Event

The Future of Work: Assessing the Long-Term Impacts of COVID in the Workplace

Preti Flaherty is proud to partner with our friends at KMA Human Resources Consulting for their Lunch and Legal Conversations webinar series, moderated by Rhoda McVeigh, Director of Consulting Services at KMA. Each program...

Press Coverage

Should workers wary of COVID-19 vaccines be forced to take one for the team?

As COVID-19 vaccinations become more readily available, should employers be legally allowed to mandate vaccination for all employees? Maine employers are wrestling with the choice of whether or not to mandate employees be vaccinated...

Publication

Governor Janet Mills Releases Maine Supplemental and Biennial Budgets

Governor Mills released both the Supplemental and the Biennial Budgets today. The Revenue Forecasting Committee has estimated a $650 million revenue shortfall in 2021 – 2023 combined. In his presentation to the Appropriations Committee...

Press Coverage

Maine blazes workplace trail with earned paid leave requirement

In March of 2019, Maine became the first state in the nation to adopt an earned paid leave law, meaning that for every 40 hours worked, an employee banks one hour of earned paid...

News

2021 Maine Diversity Summer Associate Program Expands to Include Additional Law Firms and Corporate Partners

Following a highly successful inaugural year, the three founding law firms of the Maine D1L Diversity Summer Associate program and the University of Maine School of Law welcome all of the new participating law...

Publication

Maine Workers' Comp Alert: WCB Revises Fee Schedule

The Maine Workers' Compensation Board has completed the annual update of its Medical Fee Schedule. Appendix II (professional fees) and Appendix IV (outpatient facility fees) have been updated in accordance with Title 39-A M.R.S.A...

News

Preti Flaherty Partnership Announces Promotion of Moppin, Rideout, White to Partner

Preti Flaherty is pleased to announce that the firm’s partnership has named three new partners: Sara N. Moppin, Laura A. Rideout, and Emily T. White.  Each attorney stands out as a distinguished practitioner within...