Energy & Telecommunications

Offshore & Onshore Wind Power

Preti Flaherty has been at the forefront of offshore and onshore wind projects for several decades, ever since Maine and the rest of the U.S. took its first steps into the wind energy sector. Our Energy and Environmental attorneys, through their extensive knowledge and experience, advance complex energy developments by crafting legislative and policy programs aligned with our clients’ business models and regional electricity markets; anticipating key agency permitting issues; developing a public relations strategy and cultivating grassroots and stakeholder support; and most importantly, understanding project opposition so that we can effectively and efficiently steer around the obstacles.

Onshore Wind

Since the growth of utility-scale onshore wind generation in New England over twenty years ago, Preti Flaherty has advised dozens of clients in connection with wind project development, operation, and related transactions. Our clients include developers, landowners, investors and lenders, manufacturers of equipment including turbines, construction firms and contractors, and offtakers of energy and renewable attributes, among others. We have helped our clients build and maximize revenues from onshore wind projects that are now operating; implement international transmission arrangements to bring wind power across the U.S.-Canada border in both directions; negotiate and document power purchase agreements under various models including physical deliveries, contracts for differences, and virtual power purchase agreements, among others; interconnect wind projects to the regional electric grid and obtain transmission service under utility tariffs; qualify for renewable energy certificates and federal tax incentives including renewable energy production tax credits; and evaluate and consummate transactions to buy and sell interests in onshore wind projects and portfolios.

Offshore Wind

On offshore wind, we have been engaged for the University of Maine and developers since 2008. We obtained all of the regulatory and transactional approvals for the first grid-connected floating offshore wind project in the Americas. We also negotiated the Joint Development Agreement between Deepwater Wind Rhode Island LLC, the Office of Energy Resources, and the Rhode Island Economic Development Corporation, enabling the development of a 30 MW offshore wind project off Block Island—the first commercial offshore wind project in the United States. Our attorneys have also been involved for over a decade in regulatory, permitting, transactional and PPA work on all the Maine offshore wind projects, including negotiating and obtaining Public Utilities Commission approval of the first power purchase agreement for a full-scale demonstration floating offshore wind project. We also have been working on a 10-turbine floating wind project in the Gulf of Maine.

Our extensive offshore and onshore wind experience further includes:

  • Responses to Governmental/Utility RFPs
  • Term sheet, PPA and other commercial negotiations, including long-term contracts
  • Environmental permitting (local, state and federal)
  • Other state and local permits
  • CZMA Consistency Determinations
  • BOEM leasing/approvals
  • Acquisition (purchase, lease and options)
  • Partner transactional documents
  • Conservation easements
  • Submerged land leases
  • Transmission lines, pipelines and roads
  • Interconnection Agreements
  • Regional Grid Operator (e.g. ISO New England) matters
  • Federal Licensing and Permitting
  • Renewable Energy Credits (RECs)
  • Project Financing
  • Federal Grants and Loan Guarantees

Unmatched influence

Preti Flaherty’s lawyers and lobbyists have been involved in every significant piece of renewable energy legislation in New England. We were instrumental in crafting a key compromise facilitating passage of Maine’s original Ocean Energy Act, which paved the way for development of the Maine Aqua Ventus project and other Maine offshore wind assets. We regularly engage with state incentive policies including Renewable Portfolio Standards and net metering programs, lobby on governmental renewable power procurement programs, and advocate for energy infrastructure development. Our knowledge, experience, and immersion in the legislative and regulatory paradigms governing renewable energy allow us to navigate the complex framework of laws and regulations and advance the inevitability of wind power development projects.

Firm Highlights

Event

Good Energy: Jazz, Cocktails, and Camaraderie

Preti Flaherty and Phelps Dunbar will be hosting an afterhours event: ‘Good Energy: Jazz, Cocktails, and Camaraderie’ at The Oceantic Network’s annual IPF Offshore Wind Conference. The event will be held on April 23...

News

Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...

Event

Building a Strong Discipline and Performance Management Framework

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...

News

Benchmark Litigation Names Preti Flaherty 2024 “Maine Firm of the Year"

Benchmark Litigation  has named Preti Flaherty as 2024 Litigation Firm of the Year in the State of Maine. Through extensive peer- and- client reviewed research, as well as analysis of casework; the Benchmark Awards...

Publication

Helping Employers Navigate the New Independent Contractor Rule and Compliance Challenges

On March 11 th , the United States Department of Labor’s (DOL) new Independent Contractor Rule goes into effect.  As your organization readies itself for compliance, it’s imperative to scrutinize your independent contractor classifications...

Event

When to Say Goodbye: Navigating Leave and Terminations

As an HR professional, hiring the right talent, addressing employee needs, and managing terminations are just a few of the most challenging problems that arise. During this year's three-part Employment Breakfast Webinar Series, we'll...

Publication

Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

Publication

Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...

Publication

USCIS Announces H-1B Registration Period for FY2025: New “Beneficiary Centric” Registration Process and Increased Fees

USCIS has recently announced a series of changes that will impact the FY2025 H-1B registration system and cap filing season. H-1B Registration Period and Organizational Accounts As in prior years, under this process, prospective petitioners...

News

Attorney Jeffrey Thaler Named to 2024 Lawdragon Green 500: Leaders in Energy Law

Preti Flaherty’s attorney Jeffrey Thaler has been recognized by  Lawdragon  as one of the top 500 Leaders in Energy Law. This is Jeff’s third time named to this prestigious list since the first publication...