Energy Storage

Our international network of energy attorneys and professionals guide power generators, distributors and users of stored energy through a host of legal, financial and regulatory challenges based on our decades of experience in advising energy companies.

We have the knowledge and resources to handle all aspects of energy storage projects and transactions, including mergers and acquisitions (M&A), project financing, arbitration, litigation, tax policy, environmental regulation and commercial contracting issues.

Examples of our Energy Storage Team's work include:

• advising a New York utility on battery energy storage systems in M&A transactions, including post-transaction alternative dispute resolution
• advising selling shareholders of a battery storage business in a private equity transaction with strategic buyers
• advising owners of an iconic skyscraper on installing microgrids to protect against blackouts
• leveraging our multidisciplinary team of energy and maritime law attorneys to represent a client building an energy storage plant in New York Harbor
• winning a key court decision holding that energy storage facilities can be considered power generators, meaning that they can compete with local utilities
• securing U.S. Department of Energy grant funding and loan guarantees for an energy storage client
• leading project finance deals for distributed thermal energy storage projects that help offset periods of peak electric demand

Although the spotlight is often on batteries that can hold solar and wind-generated power, our lawyers and professionals also have worked with clients on matters concerning flywheels, ice/thermal systems and pumped storage hydropower. Regardless of the format or market, we are ready to provide forward-looking solutions to clients' needs involving energy storage.

In tandem with our powerful government relations team in Washington, D.C., Holland & Knight has assisted energy clients on the ground in 49 U.S. states and 80 countries. Our attorneys are renowned for their counsel across the spectrum of energy practices that are critical to energy storage, consistently earning high rankings from Chambers USA, U.S. News – Best Lawyers "Best Law Firms" and other respected legal publications. Law360 named Holland & Knight's Energy Practice a 2021 "Energy Practice Group of the Year" for a wide range of renewable and traditional energy matters.

Representative Engagements

• Representation of a company that develops, constructs and operates battery energy storage system facilities in a sale of its interest in a battery energy storage development joint venture to Eolian, a portfolio company of Global Infrastructure Partners
• Representation of a developer of battery storage facilities in connection with its site acquisitions as well as the preparation and negotiation of battery storage leases
• Representation as counsel to arrangers, agents, issuing banks and lenders in connection with the $60 million third round of financing for the construction, development and operation of an expanded and additional affiliated portfolio of behind-the-meter battery energy storage systems in Southern California, which constitute one of the largest "virtual power plants" of its kind in operation
• Representation as counsel to arrangers, agents, issuing banks and lenders in connection with the $100 million project financing and refinancing of the continuing construction, development, expansion and operation of a fleet of battery energy storage systems in Southern California
• Representation as counsel to arranger, agent, issuing bank and lender in connection with the landmark, first-of-its-kind project financing of a portfolio of behind-the-meter battery energy storage systems located at various large-load commercial, industrial and government host sites in Los Angeles and Orange County, California (2017 IJGlobal North America Energy Storage Deal of the Year)
• Representation of a sponsor in connection with the negotiation of one of the first long-term energy storage sales agreements with Southern California Edison
• Serving as counsel to sponsor and affiliates in connection with approximately $175 million in tax-equity financing for a nearly 40-megawatt (MW) portfolio of nearly 200 fuel cell servers to be located in California, Connecticut, New Jersey and New York
• Acting as outside general counsel for a battery manufacturer focused on military, medical and consumer applications
• Representation of a constructor and operator of battery energy storage systems (stand-alone and coupled with solar) in organized wholesale markets, with respect to interconnection, qualification for participation in capacity markets and obtaining market based rate authorization from the Federal Energy Regulatory Commission (FERC) for those facilities
• Representation of a foreign investor in the development of a proposal in response to an RFP by a California utility for an energy storage project
• Representation of sponsor in the preparation of multiple proposals for energy storage projects in response to RFPs from Pacific Gas & Electric Company, Southern California Edison, Long Island Power Authority and New York Power Authority
• Representation of sponsor in the development of a proposal in response to an RFP from Hawaiian Electric Company Inc. for the construction of an energy storage project
• Representation of a sponsor in the negotiation of a series of build-to-own construction contracts and related long-term maintenance agreements for the construction and maintenance of multiple energy storage units to be owned by a U.S. utility
• Representation of a manufacturer of energy storage systems before FERC and several regional transmission organizations in connection with the development of new rules to allow the integration of energy storage into organized electric markets
• Representation of a regional developer on the qualification of energy storage projects for participation in the ISO New England forward capacity auction
• Representation of developers on the negotiation of cooperation and equipment supply agreements in connection with the integration of energy storage into solar generation projects
• Serve as primary outside counsel for the electric vehicle (EV) division of a leading global energy company; representation includes comprehensive contract negotiation, advice on business initiatives and commercial strategy, support of working groups to develop new product and service offerings (including first-in-the-market offerings), and supporting the leadership team on key issues such as data strategy and fee models
• Successfully arbitrated complex commercial issues in bulk energy storage dispute between electric utilities in a case that raised a novel questions on role of battery storage as wholesale power generation in competitive power markets