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Power & Utilities

Faegre Baker Daniels' power and utilities client base includes diversified energy companies; investor-owned, municipal, and cooperative power, gas, water and other utilities; non-regulated power generators and independent power producers; industrial consumers; engineering and construction companies; and the private equity and financial sponsors that fund power generation and transmission projects.

We work on project siting matters, condemnation proceedings, environmental matters, and regulatory approvals for generation and transmission assets, and on developing and financing merchant power projects fueled by natural gas, coal, municipal solid waste (MSW), wood, biomass, synthetic gas, solar, wind and other feedstock sources. Our clients also trust us with many of their largest and most important litigation matters, including disputes regarding power plants, wind farms, pension plans, the defense and prosecution of efforts to municipalize entire utility systems, commercial contract disputes, construction, environmental, personal injury and real estate matters.

Finance and Transactional Matters

Our professionals have world-class experience drafting design and construction contracts for generation and transmission projects. We have negotiated long term power purchase agreements (PPA), feedstock supply agreements, interconnect agreements, joint development and shared facility agreements, tolling agreements, O&M agreements and energy management agreements.

Our finance lawyers have negotiated complex asset-based and structured financings on behalf of lenders and borrowers in the power and utility sector, navigating regulatory limitations and hurdles imposed by the Federal Energy Regulatory Commission (FERC) and state public utility commissions.

Our securities and M&A lawyers also represent power and utility clients in public offerings of debt and equity securities, '34 Act reporting, mergers and acquisitions, and asset acquisitions and divestitures.

Federal and State Regulation

We represent utility and power generation clients before state regulatory agencies, the Environmental Protection Agency (EPA), the Department of Energy and the U.S. Congress. We routinely serve as lead counsel in regulatory proceedings and represent power and utilities clients in appeals of administrative orders. Our attorneys and consultants also assist clients in the rate and rulemaking proceedings of the regulatory bodies that oversee the generation and transmission of electric energy.

Environmental Matters

We counsel power and utilities clients on environmental laws and regulations that impact siting, development and operation of power generation and transmission assets. We represent coal and natural gas-fired generators on environmental permitting and compliance matters, with a particular emphasis on the Clean Air Act. Power and utilities clients engage our environmental litigators to represent them in regulatory enforcement actions, citizen suits, toxic tort cases, and complex insurance issues associated with environmental liabilities. We handle administrative and litigation environmental matters throughout the United States in actions involving all major federal environmental statutes and regulations.

Real Estate

We represent energy companies and utilities in acquisitions, dispositions and leasing of property, joint use and development agreements, title review and opinions, land use permits and approvals, easement and right-of-way agreements, and financing issues, including mortgage bond indenture work for utilities. Our litigators protect clients' real property assets in trespass, quiet title, adverse possession, and inverse condemnation claims, contract and lease disputes, and litigation and appeals regarding land use permits and approvals.

Construction and Design

Our construction lawyers are experienced at drafting and negotiating complex construction, design and supply agreements for energy projects, including coal, natural gas, cogen, syngas and ethanol plants, wind and solar projects, and electric transmission and pipeline projects. We have also worked on some of the largest and most complex construction litigation cases arising out of energy projects in the country.

Eminent Domain

We counsel energy companies regarding eminent domain issues and litigate condemnation cases on their behalf to acquire property for electric and natural gas transmission and distribution lines, power generation facilities, substations, compressor stations, gas storage fields and related facilities. We have also helped acquire thousands of miles of rights-of-way for oil, water, sewer and natural gas pipelines. In addition, we defend utility and power companies in condemnation cases affecting their own property, ranging from minor easement takings to the threatened acquisition by municipalities of entire electric distribution systems.

Tax

Our tax advocacy group represents energy companies in all aspects of local, state and federal taxation, including counseling, audits, administrative appeals and litigation before trial and appellate courts. We advise clients regarding state income, franchise, real and personal property tax issues, tax incentives, tax legislation and rule-making. We also routinely pursue state property tax appeals related to generation and distribution facilities.

Contact


Linda L. Rockwood, Denver
+1 303 607 3642
Jack Sperber, Denver
+1 303 607 3623
John R. Marcil, Boulder
+1 303 447 7766

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