Power and Energy



Drawing from the extensive knowledge and insight of an integrated, cross-disciplinary group with broad and deep practices in energy, project finance, public finance and permitting, we assemble the right team for each engagement.

Our approach

New technologies have brought dramatic changes into the marketplace. We keep our clients current with the opportunities as well as the potential pitfalls.

Nixon Peabody brings in-depth knowledge of where the industry is heading, an integrated team approach and the extensive resources of a full-service firm. We have varied and broad understanding of public power financings for systems across the United States.

Our team is highly fluent in representing clients in their energy-related transactions. We provide project development support and financing advice and counsel. Our attorneys work in areas including fossil fuel generation, renewable energy and transmission.

We negotiate and draft acquisition agreements (both project-specific and all-requirements), power sales contracts, construction contracts, reliability exchange agreements, gas and electric prepay contracts and operating agreements, as well as other related contracts and agreements.

Who we work with

  • Investor owned utilities
  • Public power agencies
  • Special purpose authorities and power agencies
  • Developers and project sponsors
  • State and local governments
  • Underwriters
  • Bond insurers
  • Banks and other providers of credit support

Recent experience

  • Energy Investors Funds in connection with a project financing of the $1 billion Astoria project in New York.
  • PG&E National Energy Group in connection with the $1.46 billion portfolio construction and term financing of four merchant gas-fired power projects in New York, Arizona, Michigan and Massachusetts.
  • 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.
  • Eleven load serving entities in connection with the negotiation of agreements related to the ownership, construction management, operation and maintenance for multiple new transmission projects throughout the upper Midwest.
  • Coal/pet coke, fired generating units in the construction, equipment procurement and development of seven new generating units and in the development of three coal gasification projects throughout the United States.
  • E.ON U.S. LLC in the sale of coal-fired, natural gas-fired and wind-powered operating facilities in New York, Virginia, Georgia, North Carolina and Texas.
  • A financial services company as the lead solar energy tax credit investor as it negotiated and structured an equity investment in a 14 MW project located at Nellis Air Force Base in Nevada—at the time the largest solar photovoltaic (PV) facility in North America.
  • A developer and investor in two wind energy projects in New York State. Our scope of work includes interconnection and energy regulatory work, siting, permitting, environmental impact review, local zoning, real estate and real property tax.
  • An investment bank in the financing of a biomass-fueled energy facility that uses paper sludge and other biomass materials as fuel and provides energy to a paper mill.

Can DC meet its ambitious solar energy goals?

Washington City Paper | February 24, 2020

This article quotes Washington, DC, Community Development Finance partner Jeff Lesk discussing the social impact of NP Community Solar, which was the first project to join Washington’s community solar program and has expanded to several commercial rooftops throughout the district.

Deals & Dealmakers: Ugly buildings offer greatest rewards, says Brookfield’s Ric Clark

Real Estate Weekly | February 19, 2020

This article mentions Nixon Peabody in connection with New Partners Community Solar’s collaboration with Brookfield Properties to install solar panels on downtown rooftops in Washington, DC, and convert the energy generated into utility bill credits for low-income families.

IREC announces 2018 3iAward recipients at Intersolar

Solar Power World | July 10, 2018

Washington DC partner Jeff Lesk and senior counsel Herb Stevens, both of the Community Development Finance Group, are mentioned in this story after NPSolar was named Community/Shared Renewables Project of the Year by the Interstate Renewable Energy Council.

Nixon Peabody seeks to benefit the poor with its solar panels

ABA Journal | May 10, 2018

Washington DC partner Jeff Lesk and senior counsel Herb Stevens are mentioned in this article about the NP Solar program, which uses solar panels placed atop DC-area buildings to produce electricity and cost savings for low-income residents.

DC law firm uses its own panels to cut others' power bills

Energy & Environmental News | May 10, 2018

Nixon Peabody’s pro bono solar panel project is featured in this trade publication for energy and environment professionals. Washington, DC tax credit finance and syndication senior counsel Herb Stevens is quoted and partner Jeff Lesk is mentioned.

Engie sparks off-grid light-bulb

Project Finance International | October 31, 2017

In an article on the expansion of off-grid solar power companies in Africa, Nixon Peabody is mentioned for advising PEG Africa in its $13.5M multi-currency syndicated loan.

Solar company PEG Africa secures $13.5m funding

Disrupt Africa | October 26, 2017

This article mentions Nixon Peabody for advising West African solar company PEG Africa on a multi-currency syndicated loan to develop solar energy and reliable electricity in the region.

Contacts

Richard M. Cogen

Senior Counsel
Co-leader, Energy and Infrastructure Projects Team

rcogen@nixonpeabody.com

Phone: 212-493-6639

Elizabeth M. Columbo

Partner

ecolumbo@nixonpeabody.com

Phone: 212-940-3183

Ellen S. Friedman

Partner
Co-leader, Energy and Infrastructure Projects Team

efriedman@nixonpeabody.com

Phone: 212-940-3053

Mitchell Rapaport

Partner

mrapaport@nixonpeabody.com

Phone: 202-585-8305

Scott R. Singer

Partner

ssinger@nixonpeabody.com

Phone: 212-940-3182

  • Recognized by U.S. New/Best Lawyers 2020 as a National Tier 1 leader for Public Finance Law
  • Recognized by U.S. News/Best Lawyers 2020 as a Metro Tier 1 leader for Public Finance Law in Chicago, Los Angeles, Rochester, and Washington, DC
  • Recognized by U.S. News/Best Lawyers 2019 as a National Tier 1 leader for Public Finance Law
  • Consistently ranked Top 10 in bond counsel, underwriter’s counsel, disclosure counsel, and special tax counsel by Thomson Reuters
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