Ben Reiter assists developers, investors, and utilities in navigating complex regulatory and project finance issues related to the development of renewable, carbon capture, clean hydrogen, and electric transmission projects.
I have participated in a variety of Federal Energy Regulatory Commission (FERC) proceedings and related federal court appeals concerning various aspects of the Federal Power Act (FPA) regulations. I advise developers on the FPA and the Public Utility Holding Company Act approvals necessary to bring their projects online and assist them with navigating the generator interconnection process. My regulatory experience also includes counseling clients on oil pipeline regulation under the Interstate Commerce Act and representing them before state utility commissions on electric and natural gas matters.
My practice involves the development and financing of major renewable energy projects. My experience in this area includes the financing and structuring of long-distance transmission projects that transport remote solar and wind resources to high load areas in various parts of the U.S. I regularly advise clients on project site leases, Power Purchase Agreements (PPA), Renewable Energy Credit (REC) agreements, power trading agreements (including using EEI and ISDA forms), and transmission and pipeline easements.
An increasing part of my practice is focused on the development of carbon capture and sequestration (CCS) and clean hydrogen projects. My CCS specific project development experience includes drafting pore space acquisition agreements, CCS project site leases, mineral leases, and CCS-related project finance agreements. Given the importance of governmental programs and incentives—such as the 45Q tax credit and new 45Vtax credit for clean hydrogen —to theses emerging sectors, I closely track CCS and clean hydrogen legislative and regulatory proposals to help clients stay up to date with the latest developments.
I have represented clients in relation to the development of a number of energy projects on tribal land. My experience includes negotiating coal surface leases and navigating site lease regulations developed under the HEARTH Act. I have also advised clients on pipeline remediation obligations on tribal land and have an in-depth understanding of the Bureau of Indian Affairs regulations relating to the adoption of tribal energy resource agreements.
The energy transition has spurred necessary, rapid, and fundamental changes in the energy industry. I actively monitor legislative, regulatory, and other energy transition developments to inform my work and help clients stay at the forefront of the industry.
As the world redoubles its efforts to combat climate change, our clients are increasingly looking to emerging technologies like carbon capture and clean hydrogen to reduce emissions in the most challenging sectors to decarbonize.
District of Columbia
U.S. District Court, District of Wyoming
U.S. Court of Appeals, District of Columbia Circuit
University of California, Los Angeles School of Law, J.D., UCLA Law Review, Editor
University of Chicago, M.A.
Black Hills State University, B.S., magna cum laude
Washington, DC Project Finance & Public Finance associate Ben Reiter contributed this article discussing how the IRS may define “clean hydrogen” as part of a new clean hydrogen production tax credit, and how that definition could drive investment decisions in the clean energy sector.
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