Energy Project Agreements



We capitalize on our vast energy transaction experience and market intelligence to achieve our clients’ specific business objectives using a practical and efficient approach to structure transactions and negotiate and draft implementing documentation.

Our approach

Key documents play a crucial role in the future project construction and development process of energy projects.

Today’s clients need a partner that knows how to negotiate and structure hundreds of complex agreements and how to overcome the obstacles on the way.

Our Energy team’s negotiating and drafting skills are second to none. We draft and negotiate all the key agreements necessary to develop energy projects, from power purchase and tolling agreements and engineering, procurement, construction and construction management contracts to turbine supply contracts, engineering contracts and operation and maintenance contracts. We represent energy project developers in more than 40 states and 25 foreign countries, as well as owners and contractors on all types of projects.

An international footprint and our broad service capabilities allow us to represent clients on a variety of energy projects, with particular emphasis on new power generation facilities, electric and gas transmission facilities, pollution control equipment and other infrastructure facilities.

We work with

  • Project developers
  • Independent power producers
  • Contractors
  • Electric and gas utilities
  • Public power entities

Recent experience

  • Prairie State Generating Company, LLC, on behalf of the seven participants in the Prairie State Energy Campus Project, in negotiating a Target Price EPC Agreement with Bechtel Power Corporation. The project is an approximately $2.9 billion 1600 MW two-unit, mine-mouth supercritical coal-generating facility currently under construction in southern Illinois.
  • Trans Bay Cable LLC in connection with the negotiation and drafting of an engineering, procurement, and construction agreement for a 55-mile submarine transmission cable from Pittsburg, CA, to San Francisco, CA. Project Finance magazine named the project the 2007 Infrastructure Project of the Year.
  • 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. The project will be constructed in St. James Parish, Louisiana.
  • American Municipal Power, Inc. in the negotiation of a Target Price EPC Agreement for a 960 MW (net) two-unit pulverized coal-generating facility to be built in Meigs County, Ohio. The plant is intended to be equipped with Powerspan technology, putting it at the forefront of environmental protection.
  • Wind Capital Group in connection with wind turbine acquisition and BOP contracts for several wind energy projects.
  • Wisconsin Power & Light Company in connection with the negotiation of a Target Price EPC Agreement with Washington Group for a new 300 MW coal-fired circulating fluidized bed generating facility to be located in Cassville, Wisconsin. Prepared draft equipment and supply and erect agreements for all of the major equipment for the project.
  • E.ON U.S., LLC with respect to alliance construction agreement with Fluor Corporation for pollution control facilities being constructed throughout the LG&E and Kentucky Utilities coal fleets.
  • Alliant Energy in connection with its multi-billion dollar Clean Air Compliance Program pursuant to which air pollution control facilities (including selective catalytic reduction systems, activated carbon injection systems and fabric filters) will be acquired and installed throughout the Alliant Energy fleet during the next several years. We have been engaged to draft and negotiate all of the major equipment procurement agreements and EPC agreements related to the procurement and installation of these facilities.
  • The Missouri Joint Municipal Electric Utility Commission and the Municipal Energy Agency of Mississippi in connection with the EPC contract with Black & Veatch and the Operation and Maintenance Agreement for the Plum Point project, a 600 MW sub-critical pulverized coal plant being built in the City of Osceola, Arkansas.

Up on Nixon Peabodys roof

Tax Credit Advisor | March 01, 2017

Washington, DC office managing partner Jeff Lesk and chief innovation officer Herb Stevens are featured in this article about the Washington, DC office’s Community Solar project.

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