Energy: Liquefied Natural Gas

Holland & Knight's large, coordinated team of energy attorneys and professionals provides a full array of legal services across the entire LNG value chain. Our knowledge and experience in LNG matters span the entire industry – including liquefaction and supply, shipping, finance, terminal development and operations, and sale and distribution of both vaporized and liquid gas.

LNG Supply and Liquefaction

Through our many offices worldwide, plus our network of foreign correspondent counsel and over 550 alumni of our foreign lawyer trainee program, we provide representation wherever in the world our clients' LNG supplies may be located in the following areas:

• all forms of project finance, including equity investment, vendor finance and foreign government involvement
• facility and infrastructure development
• EPC contracting, and specialty equipment procurement
• long-term supply contracts and LNG Sale and Purchase Agreements (SPAs)
• spot cargo agreements, including both FOB and CIF terms
• marketing, trading and risk management techniques, including instruments such as contracts for delivery, swaps and derivatives
• homeland and maritime security requirements under international maritime law, and concomitant provisions of the U.S. Maritime Transportation Security Act of 2002

LNG Maritime and Shipping

In order to support the extensive needs of LNG maritime and shipping industry, Holland & Knight provides the following:

• financing new building construction of LNG carriers and specialty tugboats, including structured finance and synthetic leasing, and other tax-based transactions
• bareboat and time charter party agreements
• U.S., state and local tax advice
• ship management agreements
• all aspects of regulatory compliance, including ship security, cargo manifesting, vessel crew requirements and U.S. Certificates of Financial Responsibility (COFRs)
• international maritime convention compliance (IMO SOLAS, STCW, ISM and other standards)
• discharge port requirements, including personal relationships with many United States Coast Guard Captains of the Port (COTPs)
• our "Maritime Developments" web site is the definitive source for maritime security issues
• U.S. Department of Energy import licensing
• U.S. vessel documentation laws, especially Jones Act requirements and impact on operations
• experience in Liberian and Marshal Islands corporate and LLC laws and vessel registration experience in other commonly used flags such as Panama and the Bahamas
• U.S. maritime regulatory ruling letters
• contracts with pilots, longshoreman, specialty tugs, and fireboats
• Society of International Gas Tanker and Terminal Operators (SIGTTO) guidelines
• maritime insurance advice, including potential "war-risk" riders
• immediate representation in the event of a maritime casualty provided by our "Rapid Response" team
• representation of offshore facilities governed by the Deepwater Port Act Amendments

Import Terminal Development and Operation

Our team's terminal development and operation experience includes:

• import terminal project development and expansion, permitting and siting
• financing, including equity investment and conventional lending
• import terminal regulatory requirements, including FERC, EPA, USCG and DOT rules governing siting, open access, construction, environmental, safety, security, operations, training and maintenance, including the relationship with state and local permitting and regulatory bodies impacted by "federalism" issues
• EPC contracting and specialty equipment procurement, including familiarity with specialized engineering codes such as NFPA 59A
• government relations, including legislative and policy development, and strategic communications on the federal, state and local levels, including crisis management
• LNG sales contracts, including FERC tariff agreements governing sales for re-sale and negotiated end-user agreements for power plants and other industrial users
• peak-shaving operations
• LNG trucking requirements
• natural gas transportation and Precedent agreements with pipeline companies
• LNG storage agreements and capacity-release contracts

Selected Representative Engagements

Our vast experience in the LNG area includes the following representative matters:

• transfer of equity interest in liquefaction facility
• re-financing/synthetic lease of an LNG carrier
• representation of equity participants in original Title XI leveraged lease financing for five LNG carriers and continued representation of equity interests throughout life of the bareboat charters
• financing and chartering of specialty tugboats, with specially built fire-fighting equipment
• contract negotiation concerning an on-site (manufacturer's facility) LNG satellite tank operation
• extensive contract advice and litigation assistance in relation to the construction of LNG vessels
• appeal of a DOT enforcement action for alleged regulatory compliance deficiencies associated with terminal operations and maintenance procedures, training and recordkeeping
• litigation concerning LNG/C The Matthew brought by the City of Boston to block entry to the port after 9/11 and follow-up negotiations concerning security and fire protection
• appeal of a USCG COTP order issued against the LNG/C The Matthew after 9/11
• contract dispute with LNG carrier owner and operator over charter party agreement and out-of-service days
• contract dispute with the manufacturer of LNG submerged combustion vaporizers
• construction dispute with the design engineer of an LNG terminal expansion project
• regulatory approvals and court approval for an LNG import terminal
• representation of LNG Carrier damaged in maritime collision
• representation of an interstate natural gas pipeline company in connection with permitting and construction of a new pipeline serving an LNG facility
• "LNG Facility Financing Options and Issues," Deepwater Port Act Amendments Conference – New York Yacht Club, January 2003 and "Maritime Logistics: LNG Deepwater Ports and Ships – Now Is the Time," January 2005, New York, New York