Renewables

Frost Brown Todd’s Energy and Natural Resources industry team has extensive experience in helping clients navigate the complex issues surrounding the creation and delivery of power.  The industry is rapidly evolving, as traditional energy sources become more efficient and new, renewable energy sources become more scalable.  Experienced counsel in finance, development, regulation, real estate, construction, environmental and other related matters can help clients in the renewable energy space to anticipate risk, avoid obstacles, and facilitate growth.

FBT’s experience with renewable energy includes work in biofuel, hydroelectric, solar and wind.  The breadth of experience of our attorneys crosses over various forms of energy production to capture best practices and provide efficient, effective legal services to our clients in the renewable energy space.

Highlights of recent work include:

Development and Acquisitions
  • Recently represented a large cooperative utility on the environmental permitting for its utility-scale solar project. This involved evaluating and obtaining a variety of water permits (Section 404 “wetlands” permit, stormwater, floodplain, etc.), as well as looking at whether air, waste, or other permits were required. We also assisted with NEPA requirements, since it receives financing assistance from the USDA Rural Utilities Service. 
  • Local counsel on multiple utility-scale solar projects in early development stage, including advising on land use, state and local tax and permitting with the PSC Siting Board.
  • Performed real estate due diligence, lease review, survey review, and project site analysis for portfolio of solar energy projects being purchased by a national energy company client.
  • Represented national renewable energy company in its sale of two large wind farms, collectively valued at over $300 million.
  • Represented national energy company in its acquisitions of multiple large portfolios of wind projects in several jurisdictions, including reviewing leases, surveys, title pro formas, title commitments, and all relevant real property documents for more than 50,000 acres of leased property and drafting wind leases, mortgages, leasehold mortgages, subordination and non-disturbance agreements, crossing agreements, and collateral assignment agreements.
  • Represented high profile project development company in its sale of a development-stage wind project to a large energy company, including drafting the Purchase and Sale Agreement.
  • Advised global consumer products company on its 18-month process to identify a solution for its thermal energy needs that resulted in a 15-year renewable natural gas offtake agreement for gas processed at the Big Run Landfill in Ashland, KY.
  • Counseling a current client on a high BTU landfill gas to pipeline project in western KY, including negotiations for pipeline interconnection, various capital sources, air permitting, and various offtake partners.
  • Lead counsel on an anaerobic digester project that was to process 100 million gallons of distillery stillage into renewable natural gas, including interconnecting with the gas utility, managing local planning and zoning process, engaging community partners, and procuring a $2.1 million incentive under KY’s Incentives for Energy Independence Act.
  • Represented land company in long-term ground lease for 100MW solar farm with EDF Renewable Resources.
  • Real estate/local counsel to East Kentucky Power Cooperative in $129M purchase of generation facility in Oldham County, KY, from Bluegrass Generation Company, L.L.C.
  • Performed real estate due diligence on projects for the sale of a portfolio of hydroelectric assets.
Finance
  • Represented borrower private energy company and project developer in a $100 million credit agreement and tax equity arrangement to be used for the construction and acquisition of a large photovoltaic solar panel installation.
  • Represented a large national energy company in its debt and tax equity financing of a portfolio of 25 community solar projects, with a total project value of over $250 million.
  • Served as West Virginia counsel to a lender for an approximately $600 million loan to finance the NedPower Mount Storm Wind Energy Project, a 264-Megawatt wind farm, including review of loan documents, environmental, interconnection and energy purchase agreements, regulatory and real estate due diligence for lenders, a consortium of international banks.
  • Represented a group of international and domestic lenders in a loan for approximately $225 million to fund the development of a large wind energy project in West Virginia, including serving as environmental counsel and also as West Virginia counsel for the lenders, including resolving title and title insurance issues, providing advice as to administrative proceedings and litigation related to noise complaints and other risk management and due diligence issues.
  • Represented a national, specialized private equity firm in a financing arrangement it conducted for a portfolio of hydroelectric assets.
  • Represented large electric cooperative in a $1 billion private bond offering, including drafting the preliminary offering memorandum and all necessary disclosures.
Administrative
  • Selected by the KY Department for Energy Development and Independence as a stakeholder in KY’s participation in the National Governors Association’s Policy Academy on Power Sector Grid Modernization. 
  • Worked with Open Road Renewables to establish a working group of large corporate purchasers of renewable energy to advocate for the establishment of green tariffs in KY.
  • Negotiation and preparation of hundreds of options, leases, deeds, and easements for covering several hundred thousand acres of surface and mineral properties in KY.
  • Counsel utilities with respect to power purchase and interconnection agreements.
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