Wind Energy

The wind power industry has experienced substantial growth over the past decade with new installed capacity coming online throughout the United States. With renewable portfolio mandates, climate change policies and regulations, corporate sustainability initiatives, distributed generation, and the development of new and more cost-effective technology, the opportunity and demand for developing renewable and alternative energy sources has never been greater.

Holland & Knight represents clients in all segments of the wind and renewable energy industry, from the development and financing of new wind energy assets to the transmission and sale of power. Our team of lawyers and policy advisors has substantial experience representing clients in both onshore and offshore wind projects and transactions for facilities located throughout the United States.

Our attorneys and professionals provide strategic advice and representation on regulatory, transactional and related matters, and are knowledgeable in the following key areas:

• wind energy project development, siting, permitting and tax incentive structuring
• offshore wind project site leasing, regulatory planning and offshore development contracting
• project structuring and contracts
• power purchase agreements (PPAs), offtake, swaps and hedging agreements
• credits, offsets and environmental attributes transactions
• capital infusion and project finance
• federal, state and local tax credits, grants and other financial incentives
• structuring of project entities and joint ventures
• technology licensing
• mergers, acquisitions and portfolio management transactions
• project development regulatory issues
• broad-based project management
• renewable and alternative energy transmission access and infrastructure
• real estate, entitlements, land use and environmental compliance

Project Development and Acquisition

• Represent an equity investor in the acquisition of a portfolio of nationwide utility-interconnected wind projects and behind-the-meter, micro-turbine wind projects in California
• Represent the largest developer of offshore wind projects in the world on regulatory, permitting and commercial issues related to the proposed development of commercial-scale offshore wind generation projects in the U.S.
• Represent a major utility on onshore and offshore wind power RFPs
• Represent a major public power authority on physical power and International Swaps and Derivatives Association (ISDA) transactions for wind power and attributes
• Advise the Long Island Power Authority on RFP and PPA for a 90-megawatt (MW), deepwater offshore wind project (2017), and proposed development of a 140-MW offshore wind project (2002-2007)
• Advise international wind power investor on project due diligence for large western U.S. sites
• Advise the developer of a suppliers' consortium for Virginia and North Carolina offshore wind projects
• Represent Native American Tribes in the development of wind, geothermal and cogeneration projects
• Represent developer regarding preliminary development of wind farms on Tribal sites in Montana and South Dakota
• Advise a developer on wind tower projects on various Tribal and federal sites in Arizona and California
• Represent an investor/purchaser utility on due diligence for the purchase of a proposed wind project in the entitlement phase, including advising on Bureau of Land Management (BLM) leasing requirements, U.S. Fish and Wildlife Service (FWS) eagle regulations, and National Environmental Policy Act (NEPA) compliance

Power Purchase Agreements

• Represent the New York Power Authority in negotiating PPAs, swap arrangements and collateral documents relating to transfer and trading in renewable energy credits (RECs) under the New York State Energy Research and Development Authority (NYSERDA) regulations
• Represent a major utility in the negotiation of all PPAs and transmission documents for wind energy projects
• Represent electric cooperatives in the negotiation of PPAs for the purchase of the output of large-scale wind projects and related regulatory approvals

Financing

• Represent the equity investor in the financing of a wind project in the Altamont Pass in California
• Act as lead project counsel for nine wind energy project finance transactions in California
• Advise a client with respect to the finance/tax structuring for wind turbine projects developed in the U.S.

Transmission

• Represent clients who are transmission owners and market participants in several regional transmission organizations (RTOs) and power pools
• Represent public power authorities in the negotiation and administration of long-term, high-voltage direct current (HVDC) transmission services agreements (facilities of 300-660 MW)
• Represent an electric utility in opposing regulatory assessments of large grid strengthening costs against an inter-RTO transmission facility
• Represent a public power authority requesting IRS private letter ruling on tax status of capital contributions to transmission operator for system upgrades

Legislative/Regulatory

• Advise clients on issues such as the Federal Energy Regulatory Commission (FERC) and RTO rules on interconnection of wind energy projects, as well as the New York Independent System Operator (NYISO) interconnection and installed capacity manual rules governing the sale and purchase of products from wind energy-related projects
• Represent clients in matters before numerous public service commissions and other state regulatory agencies
• Represent several developers of offshore wind farms before the Department of Interior's Bureau of Ocean Energy Management (BOEM) regarding site leasing and development
• Advise international developer of floating offshore wind projects on regulatory risks associated with developing projects in several proposed states

Litigation

• Prosecute U.S. patent applications for wind energy technology and related applications, methods and design
• Represent a utility transmission owner in admiralty claims litigation matters against vessels and marine contractors causing damage to undersea HVDC transmission cables
• Represent a public power authority in the litigation and settlement of force majeure event claims relating to a 300-MW HVDC converter station fire and casualty