DWT has advised project developers on the full range of issues affecting the development and project financing of power generation projects and other infrastructure projects. Our attorneys have served as project counsel on projects throughout the U.S. and globally, including India, Pakistan, Australia, Korea, China, and Taiwan. These projects involve all different fuel types, including natural gas and LNG, coal (including coal gasification), liquid fuels, biomass, landfill gas, as well as wind generating and hydroelectric facilities. Our attorneys have broad experience in all major aspects of project development and finance, including:

• Managing and conducting initial project due diligence, evaluating commercial and legal risks, and developing risk mitigation strategies.

• Structuring project entities to accommodate desired ownership structures, disparate shareholder objectives, public, private and multilateral funding criteria, and federal, state and local tax considerations.

• Obtaining all necessary land use approvals and facility permits, licenses and certifications.

• Drafting and negotiation of all customary project contracts and agreements and financing agreements.

Representative Transactions

• Representation of project developer in connection with the development and financing of a 200 megawatt wind generating project in Washington.

• Representation of California municipal utility in connection with the acquisition and development of a 120 megawatt wind generating project in California.

• Representation of the project company in the development and $1.8 billion financing of Phase II of its 2,400 megawatt natural-gas fired project located in the State of Maharashtra, India, including a 5 metric ton per annum LNG regasification terminal.

• Securing of regulatory approvals and financing for over $1 billion of independent power projects in California.

• Representation of developer on siting, permitting, and financing a 240 MW cogeneration project in Washington, including obtaining exemption from the local tax on sale of electricity.

• Representation of developers, lenders, and operators of wind projects in California, Oregon, and Washington.

• Representation of the project company in connection with the development of an 820 MW fuel oil-fired power project to be located in Punjab Province, Pakistan.

• Representation of the developer in connection with the proposed development and refurbishment of an 80 MW power plant located in Saipan, Northern Marianas Islands.

• Representation of project developer in connection with development of a 28 megawatt landfill gas project to be located in King County, Washington.

• Representation of the developer in connection with the proposed development of a coal-gasification project in Nanjing, China in connection with the contemporaneous development of a petrochemical complex. The power generation project was integrated with the project and was designed to serve the petrochemical facility’s steam and electricity loads, as well as use, dispose or treat certain waste streams generated by the petrochemical facility’s production processes.

• Preparation of agreements enabling the siting, construction and operation of "electric bypass" facilities enabling industrial electric consumers to take service from competitive electric suppliers.

• Representation of diversified paper products company in connection with the sale of an energy complex at its Mobile, Alabama integrated pulp and paper mill.

• Representation of the seller in the sale of an undivided joint ownership interest in a 279 megawatt gas-fired generation facility located in Washington.

• Representation of major independent power producers in competition matters, including Hart-Scott-Rodino filings in connection with mergers and acquisitions and proceedings at FERC and the Antitrust Division of the Department of Justice.

• Representation of seller of a 160 MW cogeneration facility in Washington.

• Regulatory counsel in the acquisition and financing of 20 geothermal generating facilities in the Geysers area of northern California.

• Representation of purchases in connection with (i) the acquisition of certain electric and steam generation assets serving a Hyundai Petrochemical facility located in Daesan, Korea and (ii) the long-term electric and steam supply and related product and service arrangements between Sithe and Hyundai.

• Representation of Australian subsidiaries of U.S.-based project developer in connection with their acquisition of, and the term loan financing of, a joint venture interest in a 1,680 megawatt coal-fired power project located in Gladstone, Queensland, Australia.

• Representation of project developer in the sale of the development rights and certain related assets of a 750 MW power project located in Thurrock Borough, Essex, United Kingdom.

• Representation of a generator’s agricultural waste-burning power plants in negotiating electricity sales to utilities and fuel purchase agreements.

• Tax counsel to a developer seeking Washington state sales-tax deferral on labor, capital equipment and materials incorporated into a power project.

• Representation of developers and lenders in connection with the due diligence review and “fatal flaw” analysis of a large number of proposed projects and proposed project financings to determine whether the project structure and project contracts support a decision to invest equity and/or debt into such projects, including projects located in the United States, the Dominican Republic, Taiwan, China and Pakistan.

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