Renewable Energy

The Firm has participated in the development of dozens of renewable energy projects as both counsel for project developers and separately as lawyers for project hosts or offtakers in the municipal, private, nonprofit and governmental sectors.

Solar

Roof and ground-mounted solar projects have been a particular focus over the last several years, particularly as states have adopted renewable energy certificate (“REC”) programs which made such projects economically feasible.  In this field, the Firm has significant experience in municipal and non-profit procurement, overall project evaluation, power purchase agreement (“PPA”) design, review and negotiations, site lease design, review and negotiations, deal structuring, permitting, financing, procurement and regulatory compliance.

The Firm provided assistance with multi-governmental requests for proposals (“RFP”) for the procurement of over 25 MW of net metered ground and roof-mounted solar constructed under the Massachusetts Solar Carve-Out Program.  The Firm has completed analysis of competing ground-mounted projects for a nonprofit institution in Western Massachusetts and represented a Western Massachusetts municipality in the negotiation of a lease and PPA for a large ground-mounted solar project.    The Firm recently structured a solar procurement for a Cape Cod municipality for a project participating in the Massachusetts Solar Carve-Out II Program and for a North Shore municipality for a project that may participate in the new Solar Massachusetts Renewable Target (“SMART”) Program.

Spotlight on Solar

Due to the availability of federal and state incentives, much of the current focus in the renewable industry is on solar project development.  The following links provide useful information on solar development in the New England states, as well as New York, New Jersey and Pennsylvania.

Our Experience Working With Clients on Solar Projects Includes:

  • 25 MW multi-site municipal ground-mounted solar agreements with long-term net-metered PPA and buyout options (project design, RFP process, overall legal, technical and economic evaluation of competing bid proposals, and negotiation of related inter-governmental project agreements with multiple municipalities and other governmental entities) (MA)

  • 4 MW ground-mounted municipal solar photovoltaics with long-term PPA (economic viability review, site lease and PPA) (MA)

  • 2 MW ground-mounted private school solar PV with long-term PPA and buyout options (overall legal, technical and economic evaluation of competing bid proposals, review of Operation and Maintenance Agreement and Engineering, Procurement and Construction Agreement) (MA)

  • 8.6 MW ground-mounted solar PV (early stage review and project design) (MA)

  • 1 MW multi-site rooftop solar PV (project design, site agreements, PPAs, REC agreements) (MA)

  • 2 MW capped landfill solar PV (economic viability review) (RI)

  • 4 MW ground-mounted commercial solar PV project (economic viability review, net metering review, project ownership and financing structure review) (MA)

  • Various commercial rooftop solar PV projects with long-term PPAs (economic viability and deal structure review) (NJ)

    250 kW roof-mounted solar PV (lease, PPA, O&M Agreement and Installation Agreement) (MA)

Wind

The Firm provides assistance to clients (both project developers and site hosts) in the drafting and negotiation of PPAs, site leases and host community agreements for wind energy projects.  We represented the developer of the Jericho Power wind farm on Jericho Mountain in Berlin, New Hampshire that entered commercial operation in the Fall of 2015.  More information about the project is available at http://palmcap.com/portfolio/berlin-nh/

Hydroelectric

We evaluate PPAs and site leases for hydroelectric projects for renewable energy project developers and provide assistance in the economic valuation of hydroelectric projects.  The Firm has also negotiated low-impact hydro REC purchase agreements for a competitive supplier of green energy products.

Client Successes

We have structured two multi-municipal solar RFPs for several towns and other governmental entities on Cape Cod and Martha’s Vineyard, provided counsel throughout the procurement process, and drafted the transactional documents.  The procurements resulted in the development and operation of over 25 MW of solar on Cape Cod and Martha’s Vineyard.  The first multi-municipal RFP resulted in the permitting and installation of the largest solar energy development project in New England on closed municipal landfills.

The Firm served as special counsel to a cooperative utility in Vermont, Washington Electric Cooperative which successfully developed a landfill methane generating facility in Coventry, Vermont at the state’s largest landfill.  We helped to negotiate a series of project agreements with the landfill owner a major EPC construction contract, operating agreements, and others necessary to support this innovative project which provides Co-op members with extremely competitively priced electricity and the benefits of sales of millions of dollars of RECs the project generates. To read more about the project, click here: WEC Story

The Firm successfully assisted a developer of landfill gas-to-energy plants negotiate a power contract, secure financing and permit a 12 MW plant that is a model from both an energy and environmental perspective. The Firm has represented this client with respect to other projects, including a similar project with a large municipality in Southern California and a limited partnership which has successfully developed projects with investments well in excess of $75 million.

Resources

Database of State Incentive for Renewables & Efficiency

NEPOOL Credit Tracking Platform

Solar Renewable Energy Certificate (SREC) Trade Information

Massachusetts

Distributed Generation in Massachusetts

Solar Carve-Out Program

Department of Energy Resources Solar Programs

Vermont

Sustainably Priced Energy Enterprise Development Program

Clean Energy Development Fund

Vermont Net Metering Information

New Hampshire

New Hampshire Renewable Portfolio Standard

New Hampshire Office of Energy and Planning Initiatives

Renewable Energy Fund

Maine

Renewable Programs Info

Rhode Island

Rhode Island Renewable Programs

New York

New York State Energy Research and Development Authority

Pennsylvania

Alternative Energy Credit Program

Connecticut

Department of Public Utility Control Renewables Info

Renewable Portfolio Standard

New Jersey

New Jersey Clean Energy Programs