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 State Police May Be Spying on You

Police and governments are increasingly turning to new tracking and monitoring methods in their efforts to prevent and record evidence of crimes. A Portland Press Herald investigation examines these expanding law enforcement abilities and the...

News

Preti Flaherty Welcomes Attorneys James W. Beers, Jr., and Alan E. Topalian to the Firm

Preti Flaherty is pleased to announce the arrival of two new attorneys: James W. Beers, Jr., and Alan E. Topalian. James joins the Environmental Practice Group as a Director and will work from the...

News

Attorney Betsy E. Wakefield Joins Preti Flaherty’s Business Law Group

Preti Flaherty is pleased to announce that Betsy E. Wakefield has joined the firm. Betsy will practice with the Business Law Group from the firm’s Portland office, where she will be counseling banking and...

Press Coverage

6th Circ. Says Auto Parts Co. Can't Arbitrate Price-Fixing Suit

On February 24, a three-judge panel of the Sixth Circuit Court of Appeals upheld a Michigan district court's January 2019 decision that KYB Corp. can't force a suit accusing it of conspiring with other auto parts...

Publication

Construction Alert: Gov. Baker Clarifies Massachusetts Construction Requirements and Possible Future Impacts for New Hampshire

The state of construction in Massachusetts continues to evolve as Governor Baker issued another order yesterday tightening  the list of types of construction that are allowed to proceed  as "essential services." Under the new...

Press Coverage

Maine - Waterville Coronavirus Panel Illegally Met in Secret

A Waterville City Council coronavirus subcommittee formed in response to the outbreak has been accused of illegally meeting in secret, denying public access to its deliberations, and making unlawful decisions. Extended Coverage: Virus Concerns Lead to 'Public' Meetings Without...

Publication

Essential Business? Essential Activity? Clarification Here.

Effective at 12:01 a.m. on April 2nd, the Governor has ordered a statewide “stay at home” order further restricting Maine resident’s movement. Governor’s Executive Order No. 28 FY 19/20 dated March 31, 2020 (“Stay...

Event

2020 Employment Law Series: A Legislative Update for HR Professionals

For more than 25 years, Preti Flaherty's Employment Law Group has been keeping clients, business partners, and friends up to date on recent developments in employment law. Join us as we continue that tradition...

News

Preti Flaherty Attorney Tim Bryant Selected by Franchise Times as “Legal Eagle”

For the twelfth year in a row, Preti Flaherty attorney Tim Bryant has been recognized as a Franchise Times magazine “Legal Eagle.” Nominated by their peers, franchise attorneys chosen for this honor are considered among...

Publication

Preti Flaherty Announces its COVID-19 Financial Relief Evaluation and Selection Tool

This Analysis of COVID-19 Financial Advice is effective as of 5PM on Friday, April 3, 2020.  THE INFORMATION SET FORTH BELOW IS SUBJECT TO CHANGE as Treasury Guidelines and other authorities emerge from the...