Practice Areas

Print Page
Wind Power Projects

Wind Power Projects

a. M&A Transactions

  • Counsel to an independent power producer (“IPP”) in connection with the structuring, negotiation, and closing of acquisitions of majority interests in multiple wind-powered electric generating facilities, including facilities located in Nebraska (200 MW), Illinois (132 MW), and South Dakota (97 MW).
  • Counsel to the IPP subsidiary of an investor-owned utility in connection with its acquisition of an approximately 152 MW wind-powered electricity generating plant to be constructed in Grant County, Oklahoma.
  • Counsel to an IPP in the acquisition of an operating 150 MW wind electricity generating facility located in Pecos County, Texas.
  • Counsel to the IPP subsidiary of an investor-owned utility in connection with its acquisition of an approximately 148 MW wind-powered electricity generating plant to be constructed in Grant County, Oklahoma.
  • Counsel to an IPP in connection with it proposed acquisition in 2012 of the 109.5 MW Shady Oaks wind project from its developer, Goldwind Energy (based in China).  Representation included lead role on managing a multi-disciplinary due diligence team and lead negotiator on the proposed MIPSA.
  • Counsel to an IPP in connection with negotiation, structuring and execution of a Master Joint Venture Agreement and related documents for the joint equity funding and development, with another IPP, of multiple wind farms across the United States.

b. EPC and Related Transactions

  • Counsel to an IPP in connection with its development of a 200 MW wind farm in Lyon and Osage Counties, Kansas that will utilize 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 a private developer in connection with its proposed development of a 150 MW wind farm in Fox Hill, Pennsylvania utilizing GE turbines.
  • Counsel to an international 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.
  • Team counsel to AES Corporation in connection with its development of a 150 MW turbine wind farm in Pennsylvania.  Representation included negotiation and drafting of balance of plant and installation of 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 150 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 its development of a 148 MW wind farm in Concho County, Texas that will utilize 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 development of a 138 MW wind farm in Thurston County, Washington State that will utilize 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 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 its development of a 100 MW wind farm in Pushmatah County, Oklahoma that will utilize Vestas turbines. Representation included negotiation and drafting of turbine supply agreement and long-term service and maintenance agreement.
  • Counsel to an IPP in connection with its proposed development of a 100 MW wind farm in North Dakota.
  • Counsel to a private developer in connection with its development of a 49 MW turbine wind farm in California that deployed Mitsubishi turbines, including negotiation and drafting of balance of plant and installation EPC contract and related documents as well as turbine supply and maintenance agreements and switchyard EPC Agreement. 
  • Counsel to a 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.
  • Counsel to a major Southwestern electric utility in its requests for proposals for solar and other “renewable fuel” generating capacity.
  • Counsel to an international developer of wind farms in connection with development of sites located in the Pacific Northwest.

c. Equipment Procurement Transactions

  • Counsel to an 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 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 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 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.

d. Real Estate Transactions

  • Real Estate counsel to an IPP on its acquisitions and ongoing development of multiple wind projects, including those in Nebraska (200 MW), Illinois (132 MW) and South Dakota (97 MW).
  • Counsel to landowners with regard to the preparation and negotiation of ground leases for proposed wind facilities in Tennessee as well as solar facilities in Florida and New York.