Renewable Energy

Overview

Parker Poe offers a full suite of legal services to renewable energy market participants across a wide range of technologies. Our clients include developers, tax equity investors, lenders, EPC contractors, trade associations and manufacturers, and tax credit syndicators. Our services include:

Permitting & Regulatory Advice

All aspects of federal, state, and local permitting, including Qualifying Facilities (QF) eligibility and QF certification with the FERC, certificates of public convenience and necessity from state commissions, other state permitting, and local land use and zoning permits.
Environmental permitting, including individual and nationwide Section 404 wetlands permits, Section 410 water quality certifications, endangered species permits and consultation, Clean Air Act Title V permitting and other air matters, and waste permits.
The National Environmental Policy Act (NEPA) compliance.
Federal Energy Regulatory Commission regulations.
State public service commission regulations.

Finance, Acquisitions, Tax & Incentives

Secured financings, including single or multiple project pools.
Structured finance advice.
Due diligence on potential project acquisitions.
Acquisitions of renewable energy project portfolios.
Advice on state and federal tax credits.
Private letter rulings on various tax issues.
Negotiating state and local economic incentive agreements and fee-in-lieu agreements.

Commercial Agreements

Review and negotiation of power purchase agreements.
Renewable Energy Certificate sale and purchase agreements.
Review and negotiation of engineering, procurement, and construction (EPC) contracts.
Advice and review of interconnection agreements, including issues of wheeling and transportation.
Fuel supply agreements (natural gas, biogas, animal waste, and other feedstocks).
Equipment leases.
Operating and maintenance agreements.

Real Estate

Review and negotiation of options, easements, and leases for development of renewable energy facilities.
Advice on title issues.

Federal & State Lobbying & Legislative Advice

Lobbying on Capitol Hill and state legislatures on issues critical to the renewable energy industry.
Lobbying members of federal and state executive departments and agencies.
Legislative strategy.
Bill drafting.

Representative Experience

Wind

Represented a large, international wind developer on all aspects of its development of a 300-megawatt, land-based wind farm in North Carolina – the first utility-scale wind farm in the Southeast U.S. Our services included state utility commission permitting of the wind farm and a transmission line, a Section 404 wetlands permit, advice on state environmental permitting, local land use permits in the two counties over which the project spans, congressional and state lobbying, negotiation of economic incentive agreements with both counties, tax advice, and preparation and negotiation of options, leases, and easements.
Represented other land-based wind developers on all aspects of project development and permitting.
Represented the American Wind Energy Association before the North Carolina General Assembly.
Provided comprehensive legal support to the developer of an offshore wind farm. Our services have included advice on and structuring of a securities offering, corporate organization, and contracts. We have advised the company on rules for leasing offshore lease blocks through the Bureau of Ocean Energy Management (formerly the Minerals Management Service) and all aspects of federal and state environmental permitting.

Solar Photovoltaic (PV)

Obtained state commission permits for more than 2,500 megawatts of solar PV, ranging in size from 2 megawatts to 100 megawatts.
Represented solar developers and investors in the acquisition of portfolios of solar projects.
Provided tax structuring advice to state tax equity investors considering investment in a portfolio of solar projects.
Represented a large solar developer in the sale of a 75-megawatt project to an electric utility.
Represented developer of a 20-megawatt solar project in quasi-judicial hearing before a board of commissioners in a land-use permit proceeding.

Fuel Cell

Advised a client on all aspects of developing a 10-megawatt fuel cell to support a data center for an international technology company. Our representation included a state commission permit for the facility, obtaining a declaratory ruling that directed biogas as a renewable energy resource eligible for renewable portfolio standard (RPS) compliance, and negotiation of a gas supply contract to serve the facility.

Biogas

Represented a biogas (swine waste) renewable energy developer using anaerobic digesters to generate electricity at hog farms. Our support has included negotiations with the state environmental agency on environmental permitting, review of zoning and permitting requirements, and economic incentive arrangements with local governments.

Biomass

Represented the developers of a mixed-use energy park on a Brownfield site to include a biomass energy plant that will support neighboring commercial and manufacturing uses. Our services have included all aspects of state and federal environmental permitting, lobbying and advice on state utilities permitting, and renewable energy certificate (REC) registration.

Syngas

Counseled a client on state and federal legislative and regulatory matters regarding commercialization of the conversion of biomass to green fuels, chemicals, and energy. The company specializes in biomass conversion to syngas for (1) processing into a range of liquid transportation fuels and high-value chemicals, (2) combined cycle power generation to reduce operational costs, displace fossil fuels, and create new revenue streams by selling excess green power to the local grid, and (3) combustion in a boiler or lime kiln to reduce operational costs and displace fossil fuels.

Solar Thermal

Counseled a solar thermal company on a unique energy purchase agreement that allows its customers to “go green” with no upfront capital while preserving all tax and incentive advantages. Our attorneys have handled every aspect of this innovative client’s legal needs, including formation of the company, tax advice regarding renewable energy credits, drafting purchase agreements, negotiating contracts with customers, and advising the client on aspects of public bidding laws.