Power and Energy

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.