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Patton Boggs LLP

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Listed in Corporate law firms with pro bono practices


For more than 40 years, Patton Boggs has maintained a reputation for cutting-edge advocacy by working closely with Congress and regulatory agencies in Washington, litigating in courts across the country, and negotiating business transactions around the world. Our partners include women and men with extensive backgrounds in government service with strong ties to both major political parties, as well as top-flight litigators and individuals with a keen understanding of business and finance.

Patton Boggs began as an international law firm concentrating in global business and trade in 1962. While we have maintained our strong concentration in international and trade law, we have evolved beyond our roots to become a full-service firm with a national presence in every major area of legal representation. We were among the first law firms to recognize that all three branches of government could serve as forums in which to achieve client goals, enabling us to emerge as the nation’s leading public policy law firm, and we have developed our extensive business law capabilities into the firm’s largest practice area.

RENEWABLE ENERGY PRACTICE AREA

Our Renewable Energy group represents key players in the wind, solar, biomass, geothermal and hydroelectric industries, including developers, investors, banks, private equity funds, land owners, electric utilities, construction companies, equipment manufacturers, operation and maintenance companies, local governments, and sovereigns. In addition to the United States, work for our clients takes us to South America, Asia and the Middle East.

With more than 40 attorneys experienced in all aspects of the renewable energy industry, Patton Boggs’ Renewable Energy practice provides a full range of legal expertise in the areas of public policy, regulatory, enforcement, project finance, real estate, corporate, tax, environmental, transmission, interconnection and mergers and acquisitions. Our capabilities in the renewable industry are unique and deep. We have particular expertise in compliance with the Federal Energy Regulatory Commission’s (FERC) “QF rules,” older “PURPA” contracts and their replacements, interconnection disputes, power purchase agreements, complex long term O&M agreements, global procurement capabilities in solar modules and wind turbines, complex transmission agreements, FERC’s rules governing market-base rate authorization, “EWG” status, Occupational Safety and Health Administration (OSHA) enforcement defense, and newly evolving financing structures for renewable facilities.

From purchasing wind turbines or solar modules to financing and to selling the facilities on which these equipments are installed, we have advised clients on all aspects of renewable energy transactions. We represented buyers in acquiring and divesting wind farm and solar projects. Our attorneys have advised both lenders and borrowers, private equity and publicly traded companies, domestic or international, on the development and financing of renewable energy projects, including through innovative public-private partnership and cutting edge project financing structures.

Given the public policy strength of our firm, the Public Policy Department provides strategic advice to renewable energy clients regarding a broad range of energy and environmental policy matters. Its legal practitioners are intimately familiar with the country’s landmark energy and environmental laws such as the Federal Power Act, National Environmental Policy Act, and the Energy Policy and Conservation Act and have been involved in every major piece of energy and environmental legislation for the last three decades, including the 1990 Clean Air Act Amendments, the Energy Policy Act of 1992, the Energy Policy Act of 2005, the Energy Independence and Security Act of 2007 and the American Recovery and Reinvestment Act of 2009. Our team is also well-versed on the development and implementation of state renewable energy portfolio standards. Among other services, our Renewable Energy team provides clients with strategic analysis, monitoring and counsel on renewable energy policy developments and engages congressional and federal agency decision-makers to advance their objectives and help clients identify and pursue federal financing to support project development.

Representative Matters

Solar Power
Represented one of the world’s largest energy companies in its global procurement of solar modules (over $1.25 billion) from the largest manufacturer of solar modules in connection with its global procurement from Europe, Asia and the United States.
Advised a thin film solar manufacturing company in California in its strategic planning, government affairs and public policy matters.
Represented a major investment banking firm which provides financing to a solar electricity company in various solar energy projects, including innovative financing for the Anaheim public school district which provided tax exempt bond financing under the American Recovery and Reinvestment Act for the conversion of its buildings to solar energy.
Represented solar startup companies in obtaining debt and equity financing for their companies and projects.
Represented a solar services company offering solar electric and solar thermal solutions for residential and commercial customers in its application for Federal grant programs to the National Renewable Energy Laboratory’s PV Technology Incubator program.
Represented producer of solar modules in its successful effort to secure loan guarantee financing from the Department of Energy in the amount of $400 million. Funding was for the purpose of constructing three additional PV panel manufacturing facilities–one in Colorado and two in Indiana.
Advised the largest manufacturer of thin film solar modules regarding energy and energy tax legislation.
Negotiated a generation interconnection agreement for a large, multi-phase solar generation facility.
Advised a landowner on the development of a solar generation project, including a variety of issues affecting the project’s development, such as a power purchase agreement, permitting requirements, interconnection and transmission services, and potential tax credits, grants, and loan guarantees.

Wind Power
Represented a major European bank in connection with a $550 million facility for the purchase of receivables generated by a contract for the sale of two wind turbines between a major European electronics and engineering firm and a U.S. public utility.
Texas Gulf Wind – approximately 283 MW wind generation facility located in Kenedy County, Texas.
South Trent Wind Farm – approximately 101 MW wind generation facility located in Nolan and Taylor Counties, Texas. (original loan and refinance)
Cedro Hill Wind Project – approximately 150 MW wind generation facility located in Webb County, Texas.
Sweetwater Wind Project (Phase III) – approximately 135 MW wind generating facility consisting of 90 wind turbines located in Nolan County, Texas.
Top of Iowa Project – approximately 80 MW wind generating facility located in Worth County, Iowa (assisted and directed Iowa counsel).
White Deer Project – approximately 80 MW wind energy generating facility located near Amarillo in Carson County, Texas.
Brazos Wind Project – approximately 160 MW wind turbine project located in Borden, Garza, and Scurry Counties, Texas.
Trent Mesa Wind Project – approximately 150 MW nameplate rated wind generation facility located in Nolan and Taylor Counties, Texas.
Desert Sky Wind Project – approximately 150 MW nameplate rated wind generation facility located in Nolan and Taylor Counties, Texas.
The development of a large combination wind/natural gas complex in Colorado.
Advised several turbine manufacturers in connection with incorporation and establishment of their business in the United States.
Assisted a major land grant university in securing a $45 million American Recovery and Reinvestment Act grant to develop a wind drive train testing facility.
Advised developers in connection with the global procurement of wind turbines and towers.
Advised a wind generation project developer on smart grid technologies beneficial to wind projects and potential grants for the development of such technologies.

Other Renewable Energy
Regularly advise renewable energy clients on FERC policies and rules related to renewable energy development, interconnections, transmission, Balancing Authority Area services, and reliability requirements.
Negotiated power purchase agreements for the purchase of energy, capacity and environmental attributes from a geothermal generation facility.
Advised a power purchaser on performance and default standards in a power purchase agreement for a biomass generation facility.
Advised major financial institutions, insurance companies, and investment funds on investments in renewable energy projects in the United States and globally.
Reformed the generation interconnection procedures in a transmission provider’s tariff to improve and expedite the process for interconnecting renewable generation facilities, including biomass, geothermal and solar generation facilities in the transmission provider’s interconnection queue.
Conducted due diligence for a potential investor in a wind generation project on the timing and process for interconnecting project to transmission facilities operated by an RTO as compared to a rural electric cooperative.
Advised private equity funds in connection with acquisition of wind operations and maintenance companies.
Advised a Balancing Authority on contingency reserve requirements for renewable generation facilities and dynamic transfers into another Balancing Authority Area.
Defended the largest OSHA enforcement action brought against a wind power facility and counseled various projects on compliance strategies.

PRO BONO

Patton Boggs has a long-standing commitment to the development and delivery of legal services to people of limited means. At the heart of Patton Boggs’ reputation for energy and excellence is the firm’s commitment to public service—we believe that lawyers have a profound obligation to give back to their communities. We also believe that pro bono work is good for the firm—community service fosters social justice, improves the quality of a lawyer’s life, has a positive effect on legal skills and enhances professionalism. The firm recommends that all lawyers do pro bono work, and requires that associates perform a minimum of 100 hours of pro bono service per year. We believe that the firm has maintained its remarkable pro bono momentum by developing an incredibly diverse range of opportunities for our volunteers.

We have embraced challenges from the American Bar Association and the leaders of the Bars in the jurisdictions in which we maintain offices to increase our commitment to pro bono. We do so gladly and without hesitation or reservation.

PRO BONO CONTACTS

Benjamin G. Chew, Co-Chair
T: 202-457-6015

Michael S. Forshey, Co-Chair
T: 214-758-3540

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