Nixon Peabody’s Energy attorneys have represented clients in all facets of fossil-fueled and nuclear electric generation for more than 50 years. Nixon Peabody has represented utilities, independent power producers, developers, and other players in the development of scores of generating facilities that have ranged in size from relatively small (under 80 MW) cogeneration facilities to very large (over 1600 MW) generating stations. We have represented:
- PG&E National Energy Group/National Energy & Gas Transmission in connection with the licensing and environmental impact review of the Athens Generating Project, a 1,100 MW gas-fired combined cycle electric generating facility in the Hudson Valley of New York;
- Calpine Corporation in connection with project development and the $503 million joint construction and term financing of the 375 MW gas-fired facility in Mankato, Minnesota, and 250 MW combined cycle facility in Freeport, Texas. The project was awarded the “2005 Power Project Finance Best Americas Deal of the Year” by Power Finance and Risk Magazine;
- Energy Investors Funds in connection with the largest equity investment in the $1.375 billion Astoria II project, a 550 MW natural gas-fired combined cycle facility located in Queens, New York. This project was awarded the “ 2009 North American Single Asset Power Deal of the Year” by Project Finance Magazine;
- Invenergy in connection with development, bridge, construction, and term financing of the St. Clair gas-fired power project located in Canada, awarded the Project Finance Magazine “2007 North American Public Power Deal of the Year”;
- Prairie State Generating in connection with the successful negotiation of a target price EPC Agreement in the Prairie State Energy Campus Project. The project is an approximately 1600 MW two-unit, mine-mouth supercritical coal-fired electric generating facility in southern Illinois. In addition, we negotiated the terms of the major equipment procurement packages for the project and represented the public power owners in connection with the Sierra Club’s challenge to the project’s PSD permit;
- Constellation Energy in connection with state approvals of NRC license renewals for its Ginna and Nine Mile Point Nuclear Plants and a power uprate approval for Ginna and in connection with Clean Water Act Best Technology Available matters for both plants;
- Covanta Energy Group in the formation, negotiation, and equity financing of a partnership among Covanta, Bechtel, and PG&E in the development and construction of a 440 MW coal-fired electric generating facility in the Philippines; and
- Missouri Joint Municipal Electric Utility Commission in connection with its acquisition of an interest in the $1.3 billion Plum Point Project, a 650 MW coal-fired power plant under construction in Arkansas.
Electric & Natural Gas Transmission
A multi-disciplinary team of Energy attorneys also focuses on all aspects of electric transmission and natural gas pipeline projects, including the environmental, land-use, zoning, regulatory, and landowner issues that can arise. We have also been at the forefront of positioning energy clients to take advantage of eminent domain as a strategic vehicle for obtaining rights of way and access rights for construction and operation of natural gas collection and electric and gas transmission systems. Our attorneys have led, and participated actively in, teams involved in major siting proceedings for a variety of transmission facilities, addressing a broad range of issues, including health and safety effects. We have represented:
- Trans Bay Cable, the project developer, in negotiating the EPC and site preparation agreements, and by consulting on all transmission and interconnection issues in the development of this transmission project, including obtaining FERC approval of incentive rates. Responsibilities include: (a) negotiating with the California ISO and the three California investor-owned utilities regarding an amendment to the Transmission Control Agreement to admit Trans Bay Cable as a participating transmission owner under the California ISO Tariff; (b) negotiating an amendment to the California ISO Tariff to address the revenue recovery of the costs of low-voltage transmission facilities built by non-load serving transmission owners; (c) negotiating with PG&E an Interconnection Agreement, Special Facilities Agreement, and Substation License Agreement; (d) preparing and negotiating with the California ISO the terms and conditions of Trans Bay Cable’s Transmission Owners Tariff; and (e) obtaining FERC approval of the foregoing;
- Cross Hudson transmission line, an independent transmission project linking PJM and the NYISO, by consulting on all transmission, interconnection, siting and permitting, and energy regulatory issues;
- TransÉnergie U.S., Ltd. in connection with licensing in New York of the Cross Sound Cable project, a 345 kV subsea transmission line under Long Island Sound between Connecticut and New York; and
- CapX 2020, a $1.7 billion, 700-mile long electric transmission project of 11 transmission-owing utilities to expand the electric transmission grid in the upper Midwest. As Project Counsel, Nixon Peabody represents all 11 utilities in the drafting and negotiation of the key governance and project development documentation. We work with each of the utilities and financing parties as necessary to ensure compliance with each owner’s lending requirements and regularly give advice and counsel on a range of implementing documentation necessary for closing and construction of the project. Our attorneys have advised the owners on antitrust, bankruptcy, and procurement issues in connection with the development of the project. Two of our lawyers were honored as “2011 Dealmakers of the Year” by The American Lawyer in connection with this project.
We work with clients that are looking to transform coal and/or petroleum coke into synthetic gas for use in electric generation and the production of saleable chemicals. We have represented:
- Faustina Hydrogen Products LLC, a subsidiary of U.S. TransCarbon LLC, in connection with the negotiation and drafting of a target price engineering, procurement, and construction agreement for a new coal gasification polygeneration facility in Louisiana that will use pet coke and high sulfur coal as feedstocks to produce saleable anhydrous ammonia, methanol, industrial grade CO2, and sulfur; and
- Lake Charles Cogeneration LLC in connection with tax advice for a coal gasification facility to be constructed in Louisiana.