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Power Project Construction

Power Project Construction

Wind Power Projects

  • Counsel to an independent power producer (“IPP”) in connection with the negotiation of a framework agreement with General Electric for the purchase of 500 MW of wind turbine equipment for multiple projects across the United States.
  • Counsel to an IPP in connection with the negotiation and execution of a Master Wind Turbine Equipment Supply Agreement to purchase (in a manner intended to achieve PTC “safe harbor” qualification) over 200 MW of wind turbine equipment from Siemens Energy, and allow for the future purchase of hundreds of MW of additional wind turbine equipment for multiple projects across the United States.  Efforts included full negotiation of stand-by project-specific wind turbine equipment supply agreement and related service and maintenance agreements.
  • Counsel to an IPP in connection with its development of a 200 MW wind farm in Lyon and Osage Counties, Kansas utilizing Siemens turbines. Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents, turbine supply agreement, and long-term service and maintenance agreement.
  • Counsel to an IPP in connection with its development of a 150 MW wind farm in Laurel Mountain, West Virginia that utilizes GE turbines.  Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents.
  • Counsel to an IPP in connection with the development of a 150 MW turbine wind farm in Fox Hill, Pennsylvania, utilizing GE wind turbines.
  • Counsel to an IPP in connection with its development of a 148MW wind farm in Concho County, Texas utilizing Vestas turbines. Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents, turbine supply agreement, and long-term service and maintenance agreement.
  • Counsel to an IPP in connection with its negotiation and execution of a Wind Turbine Equipment Supply Agreement and related maintenance services agreement with a major OEM for a 148 MW wind project in Cactus Flats, Texas.
  • Counsel to an IPP in connection with the negotiation and execution of a Master Wind Turbine Equipment Supply Agreement to purchase (in a manner intended to achieve PTC “safe harbor” qualification) over 142 MW of wind turbine equipment from Vestas, and allow for the future purchase of hundreds of MW of additional wind turbine equipment for multiple projects across the United States.  Efforts included full negotiation of stand-by project-specific wind turbine equipment supply agreement and related service and maintenance agreements.
  • Counsel to an IPP in connection with its development of a 138 MW wind farm in Thurston County, Washington State utilizing Vestas turbines.  Representation included negotiation and drafting of balance of plant and installation EPC contract and related documents, turbine supply agreement, and long-term service and maintenance agreement.
  • Counsel to an IPP in connection with its negotiation and execution of a Wind Turbine Equipment Supply Agreement and related maintenance services agreement with a major OEM for a 137 MW wind project in Skookemchuck, Washington.
  • Counsel to a private developer in connection with its proposed development of a 110 MW wind farm in New Creek, West Virginia, including negotiation and drafting of balance of plant and installation EPC contract and related documents.
  • Counsel to an IPP in connection with the negotiation of a highly complex, heavily negotiated Construction Management Agreement pursuant to which, upon acquisition of an early-development 105 MW wind project in Oklahoma (Siemens WTGs), the seller/developer would maintain a developer-like role to manage and take certain risks relating to completion of construction.
  • Counsel to an IPP in connection with the proposed development of 100 MW wind farm in North Dakota.
  • Counsel to an IPP in connection with the development of a 100 MW wind farm in West Virginia, utilizing GE wind turbines.
  • Counsel to an IPP in connection with the greenfield development of 100 MW wind farm in Pennsylvania, utilizing 68 GE wind turbines.
  • Counsel to an IPP in connection with its negotiation and execution of a Wind Turbine Equipment Supply Agreement and related maintenance services agreement with a major OEM for a 100 MW wind project in Pushmataha, Oklahoma.
  • Counsel to an IPP in connection with the development of a 49 MW wind farm in California, utilizing Mitsubishi wind turbines.
  • Counsel to private developer in connection with its development of multiple off-shore wind projects planned for installation off the coast of Delaware, New Jersey and others states. Representation included drafting and negotiation of multiple joint venture and investment agreements and term sheets for wind turbine sale and maintenance agreements and EPC Agreements for balance of plant installation.

b. Solar Power Projects

  • Counsel to an independent power producer (“IPP”) in connection with its development of a 125 MW solar photovoltaic facility in Arlington Valley, Arizona.  Representation included drafting of EPC contract, O&M Agreement, Performance Guarantee arrangements and related documents. This Project was awarded the “North American Single-Asset Power Deal of the Year” Award by Project Finance Magazine.
  • Counsel to the developer of a proposed 280 MW concentrated solar-trough power plant in Arizona.
  • Counsel to an IPP in connection with its development of a 175 MW solar photovoltaic facility in Imperial Valley, California.  Representation included drafting of EPC contract, O&M Agreement, Performance Guarantee arrangements and related documents.
  • Counsel to an EPC contractor in the negotiation and documentation of a turnkey engineering, procurement and construction agreement for the construction of two solar PV plants in California with a combined capacity of 175 MW.
  • Counsel to an EPC contractor in the negotiation of a turnkey engineering, procurement and construction agreement for the construction of a 106 MW solar PV power plant in California.
  • Counsel to an EPC contractor in connection with development of 105 MW solar generation facility in California.  Representation included negotiation of turnkey wrap EPC contract and related documents.
  • Counsel to solar EPC contractor in connection with the development of 100 MW solar generation facility in California.  Representation included negotiation of turnkey wrap EPC contract and related documents.
  • Counsel to an EPC contractor in the negotiation of a turnkey engineering, procurement and construction agreement for the construction of a 100 MW solar PV power plant in Texas.
  • Counsel to EPC Contractor in connection with the negotiation of an EPC Contract for the turnkey development of a 60 MW solar PV power project in Indiana.
  • Counsel to an EPC contractor in the negotiation and documentation of a turnkey engineering, procurement and construction agreement for the construction of a 40 MW solar PV power plant in North Carolina.
  • Counsel to developer/owner for EPC Agreement for a 32 MW solar PV power project in California.
  • Counsel to a large utility in connection with EPC and O&M aspects of its acquisition of a 20 MW solar PV project in Nevada.
  • Counsel to a municipality in connection with all project development matters relating to the greenfield engineering, procurement and construction of a new photovoltaic solar-powered electric generation facility in San Diego.
  • Counsel to the developer of a 10 MW photovoltaic solar power facility in Dover, Delaware using SunPower Corp. technology, including execution of all project development documents.
  • Counsel to solar PV equipment manufacturer for the negotiation of framework agreements for the supply of over 3800 MWdc of thin-film solar PV panels for projects located across the United States.
  • Counsel to a solar PV equipment manufacturer for the provision of solar PV equipment for a 200 MW solar PV power project located in part on tribal lands in Nevada.
  • Counsel to solar PV equipment manufacturer in connection with the provision of over 400 MW of solar PV equipment for multiple PV power projects in North Carolina.
  • Counsel to a solar PV equipment manufacturer in the negotiation and documentation of an equipment purchase and sale agreement for the supply of solar PV modules and other balance of system components for a 20 MW power plant in California.
  • Counsel to a solar PV equipment manufacturer in the negotiation and documentation of an equipment purchase and sale agreement for the supply by the client of solar PV modules for three solar PV power plants in North Carolina with a combined capacity of 21 MW.
  • Counsel to a solar PV equipment manufacturer in the negotiation and documentation of an equipment purchase and sale agreement for the supply of solar PV modules for two power plants in Puerto Rico with combined capacity of 58 MW.
  • Counsel to a solar PV equipment manufacturer in the negotiation and documentation of an equipment purchase and sale agreement for the supply of solar PV modules and other balance of system components for a 7 MW power plant in California.
  • Counsel to a solar PV equipment manufacturer in the negotiation of an equipment purchase and sale agreement for the supply of solar PV modules and other balance of system components for a 4.5 MW power plant in California.
  • Real Estate counsel for multiple solar developers acquiring and constructing solar projects in Massachusetts.

c. Natural Gas Power Projects

  • Counsel to an independent power producer (“IPP”) in connection with the structuring and negotiation of an EPC Agreement, Turbine Procurement Agreement (with General Electric for a 3x1x1 7HA.02 combined-cycle engineered equipment package) and hybrid Assignment Agreement for the development of a 1,875 MW greenfield gas-fired power plant in Guernsey, Ohio.
  • Counsel to a utility aggregation cooperative in connection with the structuring and negotiation of agreements to procure gas turbines, HRSGs and a steam turbine for a 1,000 MW gas-fired power plant in Maryland.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 837 MW gas-fired power plant in Zeeland, Michigan, utilizing 6 GE 7FA turbines and 3 GE D11 steam turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 810 MW gas-fired power plant in Jackson County, Georgia, utilizing GE gas turbines.
  • Counsel to Panda Power Funds in connection with the engineering, procurement and construction contract for 750 MW CCGT Temple Generation Facility in Temple, Texas.  This deal was recently named Project Finance International's “Power Deal of the Year - Americas” for 2012.
  • Counsel to Panda Power Funds in connection with the engineering, procurement and construction contract for 750 MW CCGT Sherman Generation Facility in Sherman, Texas.
  • Counsel to an IPP in connection with the structuring and negotiation of an EPC Agreement and related arrangements for a 700 MW greenfield gas-fired power plant in New Jersey.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 650 MW gas-fired power plant in Kingman, Arizona, utilizing 4 GE 7FA gas turbines and 2 Toshiba steam turbines.
  • Counsel to a large investor-owned utility company in connection with the joint development with co-owners of a nominal 633 MW dual fuel combined cycle generating facility, including the negotiation and preparation of construction, co-ownership, operating, support services and power purchase agreements.
  • Counsel to an IPP in connection with the structuring and negotiation of an EPC Agreement, Turbine Procurement Agreement (with General Electric for a 1x1 7HA.02 combined-cycle engineered equipment package) and hybrid Assignment Agreement for the development of a 625 MW greenfield gas-fired power plant in Harrison County, West Virginia.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the brownfield development of a 575 MW gas-fired power generation facility in Wyandotte, Michigan.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 538 MW gas-fired power plant in Brazos, Texas, utilizing 3 GE 7FA gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 400 MW gas-fired power plant in Port Westward, Oregon, utilizing a new Mitsubishi G-series gas turbine.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 309 MW gas-fired power plant in Neenah, Wisconsin, utilizing two GE 7FA gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the proposed greenfield development of a 300 MW gas-fired power project in Rio Bravo, Mexico.  
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 260 MW gas-fired power plant in Georgia, utilizing two GE 7FA gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 250 MW gas-fired power plant in Antofagasta, Republic of Chile, utilizing Ansaldo gas turbines.
  • Counsel to a 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 (235 MW).  Representation included all aspects of negotiation for the gas turbines, balance of plant EPC Agreement and switchyard EPC Agreement.  Structured contracts to implement an overall near-turnkey contracting approach.
  • Counsel to a California municipality in connection with the greenfield development of the 200 MW Canyon Power Project in Anaheim, California.  Representation included all aspects of EPC for GE turbines, balance of plant agreement with Barton Malow and switchyard EPC agreement with ABB, Inc.
  • Counsel to a California municipality in connection with the engineering, procurement and construction contracts relating to the construction of a 200 MW combined-cycle gas-fired generation facility in El Centro, California, including negotiation of contracts with Siemens for SGT-800 and SST-600 turbines.
  • Counsel to Portland General Electric Company in connection with two (2) bids for the engineering, procurement and construction of a 200 MW power generation facility in Oregon.  One bid utilizes GE LMS100 gas turbines and one bid utilizes Wärtsilä 18V50SG reciprocating engines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the brownfield development (after demolition of prior plant) of 200 MW gas-fired power plant in Laredo, Texas, utilizing two GE LMS100 gas turbines (the second commercial use of these turbines in the USA at the time of initial operation).
  • Counsel to a Jamaican IPP in the development of 190 MW gas-fired power generation facility located in Jamaica and supported client in project financing of project.
  • Counsel to a municipal utility in connection with all project development matters relating to the engineering, procurement and construction to repower an existing brownfield steam powered generation facility, via integration of a new large-frame gas turbine and HSRG (for total of approximately 160 MW).  Representation included all aspects of negotiation for the gas turbine (and subsequent assignment of same to EPC Contractor), as well as development of an RFP for, and negotiation of, an uniquely structured EPC Agreement that implemented an overall turnkey contracting approach, while appropriately allocating certain risks involved in the interfacing with existing facilities at the site.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the greenfield development of 100 MW gas-fired power plant in Niland, California, utilizing two GE LM6000 gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the brownfield re-powering of two gas-fired power projects (adding two GE 7FAs and related HRSGs to 30-year-old GE steam turbine) in Corpus Christi, Texas.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the brownfield re-powering of coal plant in Atlanta, Georgia, retiring coal-generation assets and replacing same with Mitsubishi gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the proposed development of a gas-fired power plant in San Severo, Italy, utilizing two GE 9FA gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the proposed development of a gas-fired power plant in Portogruaro, Italy, utilizing two GE 9FA gas turbines.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the proposed procurement of multiple GE LMS100 gas-fired turbines for a project near Ankara, Turkey.
  • Counsel to an IPP in connection with the structuring, drafting, negotiation, execution and implementation of engineering, procurement and/or construction-related agreements for the proposed procurement of two Siemens 501F gas-fired turbines for a proposed project in Bridgeport, Connecticut.
  • Counsel to an IPP in connection with the negotiation of a $1 billion framework agreement for the procurement of multiple GE 7HA gas turbines for deployment in multiple projects across the United States.
  • Counsel to an international IPP in transactions involving the “bulk” purchase and sale of an aggregate of over $1.1 billion worth of power generation equipment, including gas turbines, steam turbines and HRSGs.  These transactions were for facilities to be located throughout the United States and in Europe.  Representation included development of master purchase agreements and project-specific agreements that addressed all general and specific legal and commercial issues, and that covered complex cross-border issues related to procurement from Japan and delivery issues into and within the European Union, as applicable.  Counterparties included Siemens Westinghouse, General Electric, Mitsubishi, Mitsui and others.
  • Counsel to an IPP and its affiliates in purchase of over $260,000,000 worth of power generation equipment from Mitsubishi and over $88,000,000 worth of power generation equipment from Toshiba.
  • Counsel to Southern Power Company (unregulated subsidiary of Southern Company) for a gas turbine procurement contract in connection with construction of a greenfield gas-fired power plant in North Carolina with two (2) Siemens 501G gas turbines.
  • Counsel to Georgia Power Company for a gas turbine procurement contract in connection with construction of a combined-cycle gas-fired power plant in Atlanta, Georgia with six (6) Mitsubishi 501G gas turbines.

d. Nuclear Power Projects

  • Counsel to Georgia Power Company in connection with the EPC agreement for the addition of two new AP1000 nuclear power generating units to the existing Plant Vogtle Electric Generating Plant in Waynesboro, Georgia.
  • Counsel to Dominion Resources Services, Inc. with respect to its request for proposals (RFP) for a turnkey EPC agreement for Dominion Virginia Power’s proposed North Anna 3 Nuclear Power Station, including the development of a pro forma EPC agreement.
  • Counsel to a global supplier of commercial nuclear power facilities in the negotiation of consortium agreements for joint performance of EPC agreements for construction of Generation III+ commercial nuclear power facilities.
  • Counsel to a global supplier of commercial nuclear power facilities in the negotiation of agreements governing the engineering, procurement and construction of the first three commercial nuclear power facilities in the U.S. in three decades.
  • Counsel to a nuclear energy client and negotiated the procurement and delivery of high-value nuclear reactor plant equipment for facilities being constructed in China, with an aggregate procurement value in excess of $500 million.
  • Counsel to a global supplier of commercial nuclear power facilities in the negotiation of major equipment purchase agreements for the construction of the first wave of new-build nuclear power projects in the U.S., including the procurement of reactor vessels, steam generators, integrated reactor heads, reactor coolant pumps, and containments.

e. Biomass Power Projects

  • Counsel to a Hawai’i-based developer in connection with project engineering, procurement and construction matters relating to the development of a 30 MW eucalyptus wood-fired renewable power generation facility.
  • Counsel to a developer of a first-of-its-kind biomass gasification facility designed to produce 35 MW of power and 640 barrels per day of renewable synthetic fuels.
  • Counsel to a developer of a 42 MW biomass gasification facility in Florida.

f. Battery Storage Projects

  • Counsel to the U.S. developer of 32 MW battery storage facility co-located at a wind farm, including advising on EPC Agreement for facility and related documents.

g. Transmission Line and Pipeline Projects

  • Counsel to the developer of a of 500 mile high-voltage transmission line in Nevada.
  • Counsel to the developer of a 200 miles of overhead transmission lines in Texas.
  • Counsel to the developer of a 32-mile high-voltage transmission line in California.
  • Counsel to The Imperial Irrigation District (California Water District) in connection with the engineering, procurement and construction of 11-mile transmission line.
  • Counsel to an independent power producer (“IPP”) in connection with its development of six (6) sub-river, sub-surface transmission lines to be installed 25 feet below the bed of the Delaware River, from Delaware into New Jersey.  The majority of this complex project will be constructed from aboard a barge in the river, utilizing unique technology designed to minimize unknown subsurface conditions risk.
  • Counsel to international IPP on transaction involving complete development of multi-million dollar, 1046 kilometer, cross-Andean gas pipeline project in Chile and Argentina, including negotiation of turnkey EPC Agreement for the pipeline and separate, stand-alone Bulk Pipe Purchase Agreement that was subsequently assigned to and “wrapped” by the EPC Contractor (Techint E&C).  This complex transaction involved coverage of legal issues in three different regional jurisdictions in two different countries, with co-equity ownership interests hailing from the United States, Belgium, Chile and Argentina. Representation included all contract negotiations, contract implementation, claims management and “trouble-shooting” legal support.  This project has been fully constructed and is now in operation.
  • Counsel to IPP in connection with construction of gas pipeline and related metering systems in support of development of gas-fired power project in New Jersey.