Energy

Frost Brown Todd delivers a full array of legal services required in the rapidly changing and ever-complicated Energy space.  From extraction of fuel sources, to power generation, to distribution and retail delivery, our clients are leaders in every segment of the industry.  The solutions FBT provides fit the needs of our clients, and have included the development of a wide array of sophisticated financing, tax, fuel, siting, land use, joint ventures and intellectual property tools required to serve regulated and unregulated industry participants in this increasingly competitive market.

We represent independent power companies, investor-owned utilities (both gas and electric), electric cooperatives, coal mining companies, and oil and gas producers in a variety of transactional, regulatory and litigation matters, including: 

  • Advising power generation industry clients at every stage of project development—from planning, site acquisition, financing, construction to refinancing and operation.
  • Retained by coal industry and oil and gas producer clients for acquisitions of mining companies and mineral reserves, procurement and financing of equipment, negotiation of fuel supply contracts, and advice on a wide variety of operational and regulatory matters.
  • Representing producers in complex litigation arising in this area including major environmental litigation and litigation involving power purchase and fuel supply agreements.
  • Representing both large and small utilities before various regulatory agencies with cases involving rate adjustments, financings, certificates of Public Convenience and Necessity (CPCN), power plant and transmission siting, fuel adjustment clause, environmental surcharge, merger approval and service complaints.

Our lawyers routinely represent clients in a variety of permitting, enforcement and other regulatory proceedings before federal, state and local regulatory agencies.

Industry Highlights

  • $2 billion project financing of a power plant and syndication of loan to approximately 50 banks
  • Approximately $860 million sale of coal company assets
  • $250 million multi-tranche credit facility for a coal mining company
  • $25 million sale of coal mining assets
  • $24 million issuance of industrial revenue bonds in coal company financing
  • Coal lease and supply arrangement involving 55 million tons of coal reserves
  • $42 million sale and leaseback of coal mining property and processing facilities
  • $140 million acquisition of coal mining assets
  • $25 million sale of equity interests of coal mining companies
  • $11 million coal mining asset purchase and $30 million related financing
  • $94 million acquisition of coal mining assets 
  • Approvals before state regulatory agencies involving:

    • Utility financings totaling more than $1 billion
    • Establishment of utility Regulatory Assets for accounting treatment totaling more than $200 million
    • Utility rate cases totaling more than $200 million
    • Utility merger approvals involving combined assets in the value of billions of dollars
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