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Power Purchase and Sales

Power Purchase and Sales

Our attorneys have significant experience with power purchase agreements of all types, including tolling arrangements, non-tolling arrangements, and short term (EEI Master Power Purchase and Sale Agreement) transactions.  This includes experience on both the purchase and sale sides of the transaction with firm (LD) sales, unit contingent sales, block sales, system sales and all-requirements sales, and covering power generating facilities of all types, including natural gas, coal, nuclear and renewable resources (including wind and solar).

Representative Transactions

  • Lead counsel to a major investor-owned utility in connection with the potential acquisition of power purchase agreement and the related nominal 62 MW wind turbine generating facility
  • Lead counsel to Acadia Power Partners in connection with a one-year tolling agreement with Cleco Power LLC for capacity and energy from the Acadia combined cycle generating facility
  • Lead counsel to Southern Power Company for the negotiation of three power purchase agreements in connection with a nominal 633 MW dual-fuel combined-cycle generating facility co-owned by Southern Power with the Orlando Utilities Commission, Florida Municipal Power Agency and Kissimmee Utility Authority at the Stanton Energy Center in Orange County, Florida
  • Counsel to Wisconsin Electric Power Company in connection with the negotiation of two alternative long-term power purchase agreements with the purchaser of the Point Beach Nuclear Power Station
  • Lead counsel to Southern Power Company for the negotiation of a gasification island capacity agreement with Orlando Utilities Commission in connection with a nominal 280 MW integrated gasification combined cycle generating facility to be located at the Stanton Energy Center in Orlando, Florida
  • Lead counsel to Southern Power Company in connection with amendments to the collateral packages associated with the power purchase agreements assumed by Southern Power Company in the acquisition of DeSoto County Generating Company, LLC (Florida), Rowan County Power, LLC (North Carolina), and Oleander Power Project, L.P. (Brevard County, Florida)
  • Lead counsel to Southern Power Company in connection with extensions of power purchase agreements with the Orlando Utilities Commission, Florida Municipal Power Agency, Kissimmee Utility Authority, Seminole Electric Cooperative and North Carolina Municipal Power Agency 1
  • Lead counsel to Georgia Power Company and Savannah Electric and Power Company with respect to the 2009 RFP process to acquire new supply-side capacity and energy resources, including the preparation of an RFP form of power purchase agreement and the negotiation of power purchase agreements with the successful bidder
  • Lead counsel to Georgia Power Company in connection with the 2007 RFP process to acquire new supply-side capacity and energy resources, including the negotiation of a power purchase agreement with the successful bidder
  • Lead counsel to Southern Power Company in connection with the negotiation of a power purchase agreement (utilizing the EEI Master Power Purchase and Sale Agreement) with North Carolina Electric Membership Cooperative
  • Lead counsel to Southern Power Company in connection with the negotiation of multiple power purchase agreements with North Carolina Municipal Power Agency 1