Alternative & Renewable Energy
Overview
Locke Lord’s alternative and renewable energy practice founded and led the charge on behalf of the Renewable Energy Coalition when Texas’ energy markets were deregulated and has continued to be at the forefront of renewable and alternative energy across North America.
Some examples of our work in developing alternative and renewable energy projects include the following:
Wind Projects
- Representing a large, high-profile strategic joint venture in its development of several potential wind farms in the United States with capacities to generate over 400 MW.
- Representing major integrated energy company in its development of one of the largest proposed wind farms in the world with capacity to generate over 2,000 MW, and continue to represent the company in ongoing wind energy development matters in Texas.
- Represented a private company in the sale of a 40 MW fully-operational wind farm in Nicaragua.
- Served as legal and regulatory counsel to major project developer on a 278 MW wind power project (King Mountain) constructed in West Texas.
- Served as legal and regulatory counsel for a 75 MW wind power project in West Texas (Southwest Mesa) that at the time represented the largest renewable energy project constructed in Texas and one of the largest ever built east of California (since eclipsed in Texas by the King Mountain and Woodward Mountain projects mentioned above). The project was planned and developed by the independent power subsidiary of one of the nation’s largest investor-owned utilities, which submitted the winning bid in a special resource solicitation authorized in the Public Utility Commission’s (PUC) then-existing Integrated Resource Planning (IRP) process for the Texas operating subsidiaries of Central and South West Corp. (CSW), now owned by American Electric Power (AEP).
- Served as real estate and land use counsel and organized a team of other lawyers in the firm on various matters for a $116 million construction loan from a European bank for the 120 MW Buffalo Gap wind power project in West Texas. The work included the review of wind energy leases, easements and other transaction documents; review and verification of various environmental matters; Texas regulatory issues; local permits and approvals; tax abatements; title review and curative work; various lending issues and other due diligence matters.
- Served as lead counsel to public energy company in connection with the formation of, and contribution to, a joint venture of an 80 MW wind power project in West Texas and an 80 MW wind power project in Iowa. The work included the review of the transaction documents, including a joint venture agreement and contribution agreement; Texas regulatory issues, permits and approvals, wholesale electric transaction documents and agreements, including renewable energy credit (REC) purchase agreements, REC participation agreements, interconnection agreements and other due diligence matters.
- Represented the Texas Renewable Power Coalition in PUC docket to establish the initial set of detailed and complex protocols to govern wholesale power transactions on the in-state grid of the Electric Reliability Council of Texas (ERCOT).
- Served as regulatory counsel for one of the nation’s largest wind power project developers and the Texas Renewable Power Coalition in PUC rulemaking to implement new statutory mandate (Renewable Portfolio Standard) requiring the Texas utility industry to install a minimum of 2,000 MW of new renewable energy generation facilities over a 10-year period. That mandate was increased during the 2005 legislative session to 5,000 MW by 2015 and 10,000 MW by 2025. This statute is the driving force behind Texas’ landmark program to develop the state’s vast store of renewable energy resources, a program that has become a model for other states.
Biofuels and Biomass Projects
- Representing the buyer of a 50 MW facility fueled by mesquite and other waste wood in Southern California, including in connection with analyzing and renegotiating the feedstock agreements.
- Represented a private energy developer in the $423 million dollar financing and construction of three greenfield ethanol plants, each producing 100 million gallons per year. The project involved the first-ever portfolio approach to financing three plants simultaneously.
- Representation of a private energy fund in an equity investment for a biodiesel project in Iowa, including expansion capital for further development of biodiesel facilities. We provided corporate structuring and tax counsel, including environmental and permitting requirements, and the negotiation and drafting of supply and hedging contracts, together with operations agreements, supply contracts, offtake agreements and financing documents.
- Representation of the private energy developer in a greenfield ethanol project for a 55-million-gallons-per-year plant located in the Texas Panhandle, handling all aspects of project development, structuring, permitting, EPC contract negotiation and drafting, financing, operations agreements, real estate and commodity agreements, tax planning and strategy, and structuring of ownership and investment through tiered limited liability entities. We will continue to provide support as the plant moves through construction and begins commercial operations.
- Representation of the private energy developer in the largest-ever biodiesel project, a brownfield plant located on the Houston Ship Channel. We provided structuring and tax counsel, handled environmental and permitting requirements and negotiating and drafting the EPC contract, together with operations agreements, supply contracts, offtake agreements and financing documents.
Landfill Gas Projects
- Served as counsel to major landfill gas power project developer on multiple projects in North America. In such representation, we drafted and negotiated:
- Landfill gas sales and purchase agreements, EPC agreements and power purchase agreements;
- Landfill gas lease agreements;
- EPC agreements related to landfill gas collection and control systems and electric generating facilities;
- Operation and maintenance agreements related to landfill gas collection and control systems and electric generating facilities; and
- Power purchase agreements.
Solar Projects
- Representing a major developer of renewable energy projects in developing a utility-scale solar project in South Texas.
- Assisting our energy clients in the prosecution of patents for novel materials and designs for solar cells and energy generation.
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