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.

Due to the availability of federal and state incentives, much of the current focus in the renewable industry is on solar project development.  BCK structured two multi-municipal solar Request For Proposals ("RFP") 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.

Our experience working with clients on solar projects also includes:

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

  • 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)

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

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

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

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

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

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

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 hydroelectric REC purchase agreements for a competitive supplier of green energy products.