Solar Energy

Renewable Energy

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

Solar

Roof and ground-mounted solar projects have been a particular focus over the last two 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 is currently assisting with a multi-governmental request for proposals (“RFP”) for the procurement of up to 60 MW of ground and roof-mounted solar to be awarded in late 2011.  The Firm recently completed analysis of competing ground-mounted projects for a nonprofit institution in Western Massachusetts and currently represents a Western Massachusetts municipality in the negotiation of a lease and PPA for a large ground-mounted solar project.  The Firm is currently working to structure a solar procurement for a Massachusetts academic institution.

The Firm represents a merchant developer of solar generating facilities with more than 60 MW of ground and roof-mounted projects in process, or completed, in New England, Hawaii and other states.

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:

  • 16 MW multi-site municipal ground-mounted solar agreement 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 seven municipalities) (MA)
  • 4 MW ground-mounted municipal solar PV 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 O&M Agreement and EPC 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)
  • 3.6 MW governmental and municipal wind project (feasibility review, financing, RFP process, community relationships, related PPAs, site lease, REC agreements) (MA)
  • 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, 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.  On behalf of an energy cooperative, we have also assisted in the procurement of a project developer to design and build two wind energy projects on Cape Cod.

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. 

Biomass

Communities and project developers are increasingly taking advantage of the opportunities presented by the Northeast’s biomass resources including wood and biodigesters which convert organic wastes into biogas and other products. Enthusiasm for biomass projects in the private sector is accompanied by significant government efforts to provide new incentives to facilitate sustainable development of these technologies.  Progressive legislation and regulatory efforts will lead to growth in the biomass sector as projects source their fuel more sustainably and cogenerate heat and power. The Firm is able to assist project hosts and developers navigate the changing regulatory landscape and plan, permit, finance and construct projects of all scales.

Landfill Gas

As landfill gas markets continue to mature, there is new activity to encourage further reductions in greenhouse gases. The Firm is well positioned to assist clients in the development of projects that take advantage of already existing resources. We have significant experience in the negotiation of project agreements, permitting, financing and the sale of electricity and environmental attributes from landfill gas projects. The Firm has assisted developers in multiple states and used diverse structures to achieve timely development of these projects.

Client Successes

We recently structured a solar RFP for seven (7) participating towns on Cape Cod and Martha’s Vineyard, provided counsel throughout the procurement process, and drafted the transactional documents.  The procurement resulted in an award of an estimated 16 MW of solar; in total, this development represents the largest photovoltaic installation in New England.  See the Firm’s news page at for more information. 

The Firm assisted an energy cooperative in the procurement of a project partner to install approximately 750KW of photovoltaic power in seven (7) participating towns across Cape Cod and Martha’s Vineyard.  See the Cape & Vineyard Electric Cooperative, Inc. Photovoltaic Installation Update page for more information.

The Firm served as special counsel to a cooperative utility in Vermont, Washington Electric Cooperative (http://www.washingtonco-op.com) 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 Renewable Energy Certificates the project generates. To read more about the project, click here.

The Firm successfully assisted a developer of landfill gas-to-energy plants negotiate a power contract, secure financing and permit a 12-megawatt 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