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.

IREC announces 2018 3iAward recipients at Intersolar

Solar Power World | July 11, 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 11, 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 11, 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 | November 01, 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 27, 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.

SEIA releases new model PPA for C&I sector

Solar Industry Mag | August 31, 2017

Nixon Peabody is mentioned as one of the firms that contributed to the creation of the Solar Energy Industries Association’s (SEIA) newly released model contract to encourage solar power development in the commercial and industrial sectors.

Nixon Peabody brings back the sun in DC

The National Law Journal | August 27, 2017

This article features the Washington, DC office’s solar program and mentions partners Jeff Lesk and Herb Stevens, who manage grants for the firm’s nonprofit New Partners Community Solar Corp.

What do I need to know about repowering a facility?

Novogradac & Company | August 04, 2017

Boston Tax Credit Finance & Syndication partner Forrest Milder authored this column about what to consider when using renewable energy tax credits when renovating a facility.

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.

Power co. wants DC Circ. to force action on NY pipeline

Law360 | December 15, 2016

This article highlights the latest development in a case involving New York State Department of Environmental Conservation’s delayed approval of a permit to start building a natural gas pipeline, which impacts upstate New York power plant developer CPV Valley LLC’s facility operations. Washington DC Energy and Environmental partner Elizabeth Whittle is noted as representing CPV Valley LLC.

A Better City’s power play

The Boston Globe | October 25, 2016

This article highlights an energy deal with the Massachusetts Institute of Technology, Boston Medical Center, and the Post Office Square Redevelopment Corporation. Boston office managing partner Ruth Silman is mentioned in the article for representing A Better City in facilitating this innovative solar power purchase agreement.

Contacts

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

Richard M. Cogen

Partner
Co-leader, Energy and Infrastructure Projects Team

rcogen@nixonpeabody.com

Phone: 212-493-6639

Scott R. Singer

Partner

ssinger@nixonpeabody.com

Phone: 212-940-3182

Elizabeth M. Columbo

Partner

ecolumbo@nixonpeabody.com

Phone: 212-940-3183

  • Recognized by U.S. News-Best Lawyers 2018 as a national Tier 1 leader for Public Finance Law
  • Consistently ranked by Thomson Reuters among the top bond counsel and underwriter’s counsel in the country, and among the most active disclosure and special tax counsel
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