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Jason B.Yost

Jason B. Yost

Jason B. Yost

Principal
Email: jbyost@mercerthompson.com
Direct Dial: 404.577.4203
Fax: 404.577.4206
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Jason B. Yost is a Principal in the law firm of Mercer Thompson LLC. He concentrates his practice on representing both regulated and non-regulated infrastructure and energy companies in all aspects of domestic and international project development and finance, including in their development, acquisition and sale, and ownership and operation of projects.  He has extensive experience drafting and negotiating equipment procurement agreements (turbine and balance of plant), engineering, procurement and construction (EPC) agreements, long term service agreements (LTSAs), operation and maintenance (O&M) agreements, as well as finance documents for project finance transactions. His experience includes projects deriving electric energy from coal, gas, solar and wind energy sources. He has on-the-ground experience in Europe, North America, Asia and the Caribbean.

In addition, Mr. Yost has represented business owners and privately held, closely held, and publicly-traded companies in general corporate matters, including mergers and acquisitions, joint ventures, partnerships and financing. Mr. Yost’s experience includes drafting and negotiating stock and asset purchase agreements (for both buyers and sellers), letters of intent, shareholders’ agreements, LLC operating agreements, employment and confidentiality agreements.  



Professional Experience

  • Principal, Mercer Thompson LLC, June 2009 to present
  • Partner, Troutman Sanders LLP, January 2009 - June 2009
  • Associate, Troutman Sanders LLP, March 2000 - January 2009

Practice Areas

  • Project Development and Finance (including Clean Energy Technology, Green Transmission and Energy Storage Projects) 
  • Mergers and Acquisitions
  • International

Representative Transactions

Project Development and Finance

  • Counsel to unregulated utility in connection with the negotiation of turbine procurement and LTSA contracts for two 2x1 Siemens 501G units for project in North Carolina.
  • Counsel to Canadian IPP in connection with negotiation of LTSA for one GE 7FA unit for project in Ontario, Canada.
  • Counsel to independent developer/owner in connection with operation and maintenance contact for a 20 MW biomass facility outside of Chicago, IL. 
  • Assistant counsel to Irish-based developer acting as anchor shipper in negotiating precedent agreement with a transmission line developer in connection with reserving long-term transmission rights for 1,500 MW of transmission capacity.   
  • Co-counsel to international independent power producer in connection with its development of a 150 MW turbine wind farm in the Pennsylvania.  Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents.
  • Co-counsel to independent power producer, for all EPC and EPC-related contracts for the following projects, valued at over $1.3 billion, that collectively won Project Finance Magazine’s Portfolio Deal of the Year Award (2008). Contracts included re-powering of two separate, existing brownfield steam powered generation facilities in Corpus Christi, Texas, via integration of a new large-frame 7-series gas turbines and HSRGs (for 2x1 configuration); and development of brownfield site gas-fired power plant utilizing two GE LMS100 turbines in Laredo, Texas.
  • Co-counsel to large municipality in connection with all project development matters relating to the engineering, procurement and construction of a greenfield gas-fired power plant, with four GE LM6000 gas turbines. 
  • Co-counsel for large investor-owned utility for the greenfield engineering, procurement and construction of a 400 MW gas-fired power generation facility in Port Westward, Oregon.  This Project won First-Runner-Up for Pennwell’s Project of the Year Award, 2007. 
  • Co-counsel for a Georgia-based IPP in connection with the brownfield engineering, procurement and construction of a 575 MW gas-fired power generation facility in Wyandotte, Michigan.  Representation included all contract negotiations, contract implementation and claims and change order management.
  • Co-counsel for a Georgia-based IPP in connection with the greenfield engineering, procurement and construction of gas-fired power generation facility in San Severo, Italy and a gas-fired power generation facility in Portogruaro, Italy. After more than one year’s worth of negotiations, upstream economic circumstances forced the client to sell the project interests to a third party developer prior to final execution of these documents.
  • Counsel to multiple power companies (regulated and unregulated) in connection with the negotiation and implementation of long term parts and/or maintenance services agreements (a.k.a. “CSAs” or “LTSAs”) for gas and steam turbines.  Mr. Yost has extensive experience across the table from General Electric, Siemens, Mitsubishi and the Wood Group for projects in the United States, Canada and Europe. 
  • Counsel to multiple energy companies in transactions involving the procurement of power generation equipment, including gas turbines, steam turbines and HRSGs and other plant items. Mr. Yost has negotiated master purchase agreements, project-specific agreements, supply contracts and other agreements that covered all legal and commercial issues, including complex cross-border supply issues.
  • Co-counsel on $206 million stock purchase agreement for 680MW dual-fueled simple cycle generating facility in Cocoa, FL.
  • Co-counsel to unregulated utility affiliate in the sale of an undivided ownership interest in two 615MW supercritical pulverized coal generating units in Wisconsin.
  • Co-counsel to unregulated utility affiliate in the development of an approximately 285MW integrated coal gasification combined-cycle facility in Orlando, FL. Representation included negotiating all project documentation including EPC, O&M, Ownership and Services.
  • Assistant counsel for Port Washington Generating Station LLC’s private placement of $155 million non-recourse Senior Notes to finance Unit 1 and $156 million non-recourse Senior Notes to finance Unit 2.
  • Assistant counsel on $73 million note offering related to project financing of power project in Trinidad and Tobago.

Mergers and Acquisitions

  • Counsel to publicly-traded manufacturer of home and tabletop goods in the $14 million acquisition of the assets of a privately held competitor.
  • Counsel to publicly-traded manufacturer of home and tabletop goods in the $48 million acquisition of the stock of a privately held competitor.
  • Counsel to publicly-traded information technology company in a $46 million reverse merger with a privately held company.
  • Counsel to Danish-based privately held company in the $200 million acquisition of the stock of a U.S.-based air conditioning manufacturer.
  • Counsel to privately held company in the $200 million acquisition of all of the assets of another privately-held company in the electronic manufacturing industry.
  • Co-counsel to Louisiana-based independent power producer in connection with its $350 million sale of power generation assets to a Louisiana-based regulated utility. 
  • Counsel to a Southern Power Company in connection with $206 million purchase of the ownership interests of a gas-fired power project in Florida.

Speeches and Publications

Mr. Yost has, by invitation, spoken at the following energy conferences:

  • Power-Gen International Conference, Las Vegas (Scheduled December 2009)
  • Power-Gen Europe, Cologne, Germany (May 2009)
  • Electric Power 2008 Conference, Baltimore, Maryland (April 2008)
  • ASME Turbo Expo Conference, Reno, Nevada (June 2005)
  • GE 7FA User’s Group Annual Conference, Atlanta, Georgia (May 2005)
  • Power-Gen International Conference, Orlando, Florida (December 2004)
  • GE 7FA User’s Group Annual Conference (May 2004)
  • Power-Gen International Conference, Las Vegas, Nevada (December 2003)
  • GE 7FA User’s Group Annual Conference (May 2003)
  • Electric Power 2003 Conference, Houston, Texas (March 2003)

In addition, Mr. Yost has authored the following articles:

Education

  • Georgia State University College of Law (J.D., cum laude, 2000)
  • Georgia State University J. Mack Robinson College of Business (M.B.A., 2000)
  • University of Florida (B.S., Business Administration, 1990)

Bar Memberships

  • State Bar of Georgia