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Energy

Energy Project Development & Finance

LNG terminal and pipeline for Oregon LNG

Representation of a liquefied natural gas development company in state environmental siting processes and related real estate matters for a major LNG terminal on the Skipanon Peninsula at the mouth of the Columbia River and related pipeline. (Ongoing) Read more

Outside legal counsel for Summit Power Group

Outside legal counsel to Summit Power Group, an independent developer of power generation facilities, including traditional thermal power plants (coal and natural gas), wind power facilities, and developing clean energy technologies (solar, gasified coal). (Ongoing)

Commercial financing for Avista Corporation

Negotiation and documentation of a $320 million demand credit facility, with revolving and term loan borrowing and letter of credit facilities, to fund operations of regulated electric and gas utility. (Ongoing)

Development - renewable for Alaska Power & Telephone

Counsel on wind generation project under PURPA which will be pending before the Regulatory Commission of Alaska. (Ongoing)

Development - renewable for Bear Mountain Wind Limited Partnership

Providing advice to out-of-country project developer regarding the California Tradable Renewable Energy Certificate (TREC) program and obtaining regulatory approvals before the California Energy Commission. (Ongoing)

Development - renewable for National Energy Systems Co.

Representation of independent power producer in the development of two wood-waste fueled biomass power plants in Oregon and negotiation of associated pine sole agreements. (Ongoing)

Development - renewable for NaturEner

Represented developer in negotiating and obtaining regulatory approvals for power purchase and in associated renewable portfolio standard proceedings before the California Public Utilities Commission. (2010)

Development – renewable for NaturEner

Representing NaturEner USA in obtaining various California and federal regulatory approvals associated with the development of, financing of, and sales of power and renewable energy credits from NaturEner’s Glacier 1, Glacier 2, and RimRock wind energy projects (Ongoing)

Development - renewable for Newberry Geothermal

Representing project developer in the development and sale of power from a 120 MW geothermal project located near Bend, Ore. (Ongoing) Read more

Development - renewable for Republic Solar Highways

Represent Republic Solar with the development of a 15 Megawatt (MW) solar power system in Santa Clara County, California, in the first phase of a larger effort to create solar projects throughout the state in unused public right-of-way. Assisted with negotiation of an exclusive agreement with the California Department of Transportation (Caltrans) for over 65 acres within their state freeway system; a power purchase agreement with an investor-owned utility; and filings at the CPUC. (Ongoing)

Energy project development for City of Everett, Wash.

Negotiated development and licensing agreement between major municipal water supplier and hydroelectric power generator. (Ongoing)

Gathering systems for project developers

Representation of oil and gas gathering system project developers in preparation of project feasibility studies, permitting, and obtaining jurisdictional determinations. (Ongoing)

Oil pipeline project interconnection dispute for project developer

Representation of an oil pipeline project developer in the Bakken in litigation at FERC, the State Department, and the U.S. Forest Service regarding interconnection dispute with another oil pipeline. (Ongoing)

Permitting of high voltage electric transmission project for developer

Representation of merchant electric transmission developer in federal and state permitting processes, including both National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA), for 900-mile, high voltage electric transmission project crossing three states. (Ongoing)

Project development

Negotiation and documentation of engineering, procurement and construction contracts for electricity generating projects in Washington, Oregon, Idaho, and Texas. (Ongoing)

Project development and operations for independent power producers

Representation in matters related to power plant development, operations and regulatory compliance issues. (Ongoing)

Strategic advice regarding structuring of LNG business for project developer

Representation of LNG project developer in strategic analysis of various possible LNG business structures and the jurisdictional implications of each. (Ongoing)

Large generator interconnection agreement disputes for developer*

Representation of developer of the two of the three largest landfill gas projects in the U.S. in litigation at FERC regarding interconnection agreement terms. (2012)

Windset Farms Santa Maria greenhouse project

Represented produce grower in the negotiation and closing of a $50 million credit facility from Rabobank NA for the acquisition of approximately 221 acres of open farmland located near Santa Maria, Calif., and the construction, completion, ownership and operation of a 64 acre greenhouse and associated vegetable packing, cooling and shipping facilities. (2011)

Development - electric for Summit Power Group

Representation of developer of a 400 MW IGCC (coal gasification with carbon capture) power plant near Odessa, Texas; a $1.5 billion greenfield power project funded in part with a significant DOE demonstration stimulus grant. (2010)

Development - renewable for Harvest Wind Project

Representing the members of the Harvest Wind Project as project counsel in connection with the development and financing of a 99 MW wind generating project located in Klickitat County, Wash. (2010) Read more

Project financing for commercial bank

Represented a Chinese bank in connection with the Bank's participation as a lender in the approximately $14 billion project financing of the PNG LNG Project, an upstream gas development and liquefaction facility located in Papua New Guinea. (2010)

Development - electric for ArcLight Capital Partners

Representation of institutional investor in potential greenfield power plant development in California. (2009)

Project financing for Lakeview Green Energy, Inc.

$64 million secured debt financing for wind project joint venture. (2009)

Commercial financing for Avista Corporation

Represented Avista Corporation in negotiation and documentation of a syndicated $200 million revolving loan credit facility to provide additional liquidity for operations. (2008)

FERC certificates for interstate natural gas pipelines*

Representation of Millennium Pipeline Company in obtaining FERC certificate of public convenience and necessity for interstate pipeline project across southern New York. (2008)

Project financing for EIF Renewables and related companies*

Handled environmental due diligence, permit issues and negotiation of environmental indemnifications for acquisition and financing of 12 landfill gas-to-energy projects in New York and Vermont. (2008)

Project financing for Lakeview Green Energy, Inc.

$40 million secured debt financing for wind project joint venture. (2008)

Project financing for various lenders

Served as state and regional counsel in the financing of 5 ethanol projects in California and the Northwest. (2008)

FERC certificates for natural gas storage projects*

Representation of Petal Gas Storage in obtaining FERC certificates of public convenience and necessity for natural gas pipeline and salt dome storage projects in Mississippi. (2006)

Vitus Marine LLC

Represented bulk fuel supplier in negotiation and documentation of complex issuance of limited liability membership interest in exchange for interest in receiving member’s limited liability company; in negotiation and documentation of equity acquisition of fixed base operations business at Anchorage International Airport; in ongoing negotiation and documentation of bulk fuel marketing agreement and associated charter agreement.

Development - renewable

Represent Republic Solar Highways--a client with a 15 Megawatt (MW) commercial system in Santa Clara County, California--in the first phase of a larger effort to create solar projects throughout the state. Assisted with negotiation of an exclusive agreement with the California Department of Transportation (Caltrans) for over 65 acres within their state freeway system; a power purchase agreement with an investor-owned utility; and filings at the CPUC.

Development - renewable

Represented project developer in the development of a geothermal project in Oregon.

Development - renewable

Represented San Francisco Bay Area Rapid Transit District in development and purchase of power from solar generation facilities.

Development - renewable for biomass power producer

Local development counsel to the developer of small biomass power facilities proposed for locations throughout rural Oregon. Assisting the client on siting, electric transmission and interconnection, environmental and land use issues, tax credits and property tax abatements.

Development - renewable for Caithness Shepherds Flat, LLC

Local development counsel on one of the world's largest wind energy projects, recently completed in Eastern Oregon. Assist with siting, electric transmission and interconnection, environmental and other regulatory matters.

Development - renewable for NextEra Energy Resources (formerly FPL Energy)

Local development counsel on a 100 MW third phase to the Stateline Wind Project, assisting the client on state and local siting in Oregon and Washington, electric transmission and interconnection, environmental and land use issues, tax credits and property tax abatements.

Development - renewable for Northwest Geothermal

Local development counsel on a 120 MW geothermal plant proposed for central Oregon. Assisting the client with siting, electric transmission and interconnection.

Project financing - tax equity for investor*

Represented an investor in a potential $25 million investment in a tax equity joint venture to finance solar power projects.

Project financing - tax equity for project developer*

Represented developer in $100 million tax equity joint venture financing for solar power projects.

Energy Regulation & Litigation

Crowley Petroleum Distribution, Inc. v. Smith

Representation of major bulk fuel distributor in prosecution of action to pierce corporate veil. (Ongoing)

BLM rights negotiations for various wind and solar developer clients

Representing in obtaining and maintaining rights of way and other rights from BLM for wind and solar projects. (Ongoing)

California Environmental Quality Act (CEQA) counsel for the California Independent System Operator (CAISO)

Representing before the California Public Utilities Commission (CPUC), defending claims on CEQA issues in transmission line proceeding. (Ongoing)

Outside legal counsel for Avista Corporation

Outside legal counsel to Avista, a large regulated electric and gas utility involved in the production, transmission and distribution of energy and other energy-related businesses, including regulated electric and natural gas utilities in the Pacific Northwest. (Ongoing)

Renewable energy

Providing advice to geothermal generators operated by Calpine Corporation in the Geysers Geothermal Area in Northern California with respect to commercial matters, disputes, and regulatory issues. (Ongoing)

Renewable energy

Representing several fossil-fuel generators in converting projects to fuels which will qualify for participation in the California Renewable Portfolio Standards program. (Ongoing)

Hydroelectric licensing and compliance for Douglas County P.U.D.

Representation of Douglas County P.U.D. in the integrated relicensing process for the Wells Project, including the negotiation of settlement agreements. (Ongoing)

Hydroelectric licensing and compliance for FirstLight Hydro Generating Company

Representation of FirstLight in competitive relicensing proceedings involving the Scotland Project. (Ongoing)

Hydroelectric licensing and compliance for Idaho Power Company

Representation of Idaho Power Company in proceedings to relicense the Hells Canyon Project, including the first trial-type hearings under section 241 of the Energy Policy Act of 2005. (Ongoing)

Hydroelectric licensing and compliance for Pend Oreille County P.U.D.

Representation of Pend Oreille County P.U.D. in proceedings to relicense Seattle City Light's Boundary Project and to surrender Pend Oreille County P.U.D.'s license for the Sullivan Creek Project, including the negotiation of interrelated settlement agreements. (Ongoing)

Hydroelectric power project for Idaho Power Company

Representation of power company in two-state water quality certification proceedings, under § 401 of the Clean Water Act, associated with relicensing of the 1,200 MW Hells Canyon Complex on the Snake River. (Ongoing) Read more

Regulatory - electric

Representing California Pacific Electric Company in first general rate case application. (Ongoing)

Regulatory - electric

Regulatory counsel through numerous acquisitions and financings of wind, solar, biomass, and geothermal generating facilities. (Ongoing)

Regulatory - electric for Alaska Power & Telephone

Representing AP&T in development of a hydro project near Tok, Alaska. (Ongoing)

Regulatory - electric for Alaska Power & Telephone

Representing Alaska Power Company (a subsidiary of AP&T) in rate proceeding. (Ongoing)

Regulatory - electric for California Independent System Operator Corporation (CAISO)

Representation of transmission system operator with respect to a California Public Utilities Commission rulemaking relating to the safety of electric utility and communications infrastructure facilities. (Ongoing)

Regulatory - electric for California Independent System Operator Corporation (CAISO)

Representation of transmission system operator before the California Public Utilities Commission, California Court of Appeals, and California Supreme Court with respect to regulatory approval of a high-voltage electric transmission line. (Ongoing)

Regulatory - electric for Calpine Corporation

Representation of various qualifying facilities and other generators owned by Calpine Corporation in regulatory proceedings, commercial negotiations and disputes. Representation includes providing regulatory opinions on over a billion dollars' worth of project financings. (Ongoing)

Regulatory - electric for Calpine Corporation

FERC counsel to Calpine and affiliates in connection with financing, development and operation of electric generating facilities, including qualifying facilities, exempt wholesale generators and foreign electric utility companies.

Regulatory - electric for City of St. Paul

Representing City and its utilities in obtaining certificates from the Regulatory Commission of Alaska and for a dispute with competing entities over exclusive service rights. (Ongoing)

Regulatory - electric for City of St. Paul

Power Sales Agreement with TDX Corporation for wind power. (Ongoing)

Regulatory - electric for independent power producers and energy service providers

Representation in matters related to renewable portfolio standards, greenhouse gas emission standards and climate initiatives--including implementation of California Assembly Bill 32. (Ongoing)

Regulatory - electric for independent power producers and energy service providers

Representation in matters related to power procurement and resource adequacy requirements, with particular emphasis on market structure issues, utility resource solicitations, and the negotiation and regulatory approval of power purchase agreements. (Ongoing)

Regulatory - electric for Kirkwood Meadows P.U.D.

Advise municipal utility on procurement and regulatory compliance matters related to renewable portfolio standards, greenhouse gas emissions standards and climate change initiatives. (Ongoing)

Regulatory - electric for public utility districts

Representation of irrigation and municipal utility districts in matters related to the acquisition of electric distribution facilities and the provision of retail electric service. (Ongoing)

Regulatory - electric for Republic Urban Properties LLC

Advise developer of commercial photovoltaic generation systems on power procurement issues and related regulatory matters. (Ongoing)

Regulatory - electric for South San Joaquin Irrigation District

Represent in administrative and judicial proceedings pertaining to SSJID's plan to expand the scope of its services to include retail electric service within its existing service territory in California's Central Valley, including CEQA compliance and administrative proceedings before the California Public Utilities Commission, San Joaquin County Planning Commission, and San Joaquin Local Agency Formation Commission. (Ongoing)

Regulatory - electric for various renewable project developers and lending institutions

Representing and advising on the Renewable Portfolio Standard (RPS) program of the California Energy Commission (CEC). Involves in-state, out-of-state and out-of-country projects and interfacing with the CEC to obtain and maintain certification in the RPS program. (Ongoing)

Regulatory - natural gas for Freeport-McMoRan Corporation

Representation before the FERC and in the federal court of appeals with respect to El Paso Natural Gas Company rate proceedings. (Ongoing)

Regulatory - natural gas for industrial gas user

Contested a gas pipeline rate settlement; subsequent court appeal of FERC's order approving the settlement in progress. (Ongoing)

Regulatory - natural gas for industrial gas user

Representation in natural gas rate and certificate proceedings before FERC and in the federal courts of appeal. (Ongoing)

Renewable energy for SolarCity

Represent in administrative proceedings regarding rules and requirements applicable to the development and marketing of solar PV systems in compliance with the California Solar Initiative (CSI) and California Public Utilities Commission rules implementing the CSI. (Ongoing)

CPUC rate proceedings

Represent Chevron Pipe Line Company in rate and other proceedings before the CPUC. (Ongoing)

Regulatory - electric

Representing several renewable energy producers in various proceedings before the California Public Utilities Commission relating to rules for eligibility for participation in California Renewable Portfolio Standards program and in having associated power purchase agreements approved by Commission. (Ongoing)

Regulatory - electric for Gaz Me’tro LP and Green Mountain Power Corp.

Representing Gaz Me’tro LP and Green Mountain Power Corp. in FERC proceedings for authorization to acquire Central Vermont Public Service Corporation, and related proceedings. (Ongoing)

Regulatory - electric for utility companies

Regularly assists utility companies to comply with FERC rules, regulations and orders governing the sale of electricity at market-based rates, including FirstEnergy Corp., Green Mountain Power Corp., and NorthWestern Corp. (Ongoing)

State permitting

Oregon LNG proposes to construct an LNG export and import terminal at the Port of Astoria, and related pipelines. DWT serves as state regulatory and general counsel. (Ongoing)

Hydroelectric licensing and compliance for Idaho Power Company

Representation of Idaho Power Company in proceedings to relicense the Swan Falls Project. (2012)

Regulatory - electric for Kirkwood Meadows P.U.D.

Representation of municipal utility district in the acquisition of electric generation and distribution assets. (2011)

Equilon v. Puget Sound Energy

Represented Shell in refinery business interruption claim  arising from power outage. (W.D. Wash. 2011)

Litigation for Calpine and TransAlta

Represented Calpine and TransAlta in 2012 Rate Adjustment Proceeding of the Bonneville Power Administration, regarding implementation of BPA's Dispatchable Energy Resource Balancing Service (DERBS). (2011)

Litigation for FirstEnergy Corporation

FirstEnergy Solutions Corp. and others have appealed FERC Orders permitting widely disparate charges for reactive power service supplied by different generators within the region served by the Midwest Independent Transmission System Operator, Inc. that are not justified by differences in costs or otherwise. The United States Court of Appeals for the D.C. Circuit ruled that the charges at issue were unduly discriminatory, and vacated the underlying FERC orders in which such charges had been approved. (D.C. Cir. 2011)

Litigation for Unisource Energy Services

FERC has ruled after completion of a full evidentiary hearing that Tucson Electric Power Company, a subsidiary of UniSource Energy, is entitled to have electricity transmitted by El Paso Electric Company from a newly constructed generation plant at Luna, N.M., to the Tucson Electric system under a 1982 agreement between Tucson Electric Power and El Paso Electric. In so doing, FERC rejected El Paso Electric's claim that Tucson Electric Power was required to purchase and pay for such service under El Paso Electric's open access transmission tariff. (D.C. Cir. 2011)

Boreski v. Shell Oil Company

Defended Shell in a vicarious liability action. The matter settled on the eve of trial for a small fraction of plaintiff’s demand following a successful motion to strike all of plaintiff’s experts from testifying at trial. (San Diego Cnty. (Cal.) Super. Ct.)

Regulatory - electric for Alaska Power & Telephone

Represented BBL Hydro (subsidiary of AP&T) in rate proceeding. (2010)

Regulatory - electric for Calpine Corporation

Represented independent power producer before the California Public Utilities Commission with respect to a request for approval of its power purchase agreement with PG&E. (2010)

Regulatory - electric for Russell City Energy Company LLC

Represented independent power producer before the California Public Utilities Commission with respect to a request for approval of its power purchase agreement with PG&E. (2010)

Regulatory - electric for Solar Energy Industry Association

Preparation of comments in FERC proceeding on the petition for declaratory order related to the California Public Utility Commission's feed-in tariff for combined heat and power facilities. (2010)

Regulatory - natural gas for Florida Power & Light Company

Representation before FERC and the federal court of appeals in litigation concerning cost impacts on downstream electric generators associated with a Florida Gas Transmission Company proposal to modify its tariff to accommodate deliveries of imported LNG. (2010)

Regulatory - natural gas for local distribution company

Representation before FERC of a local distribution company on gas quality issues associated with a major expansion of a LNG import and regasification facility in eastern Maryland. (2010)

Regulatory - natural gas for Washington Gas Light Company

Representation before the FERC and in the federal court of appeals, in opposition to the FERC's approval of a major expansion of the Cove Point LNG import terminal because of adverse gas quality impacts associated with the expansion. (2010)

Regulatory - natural gas for Washington Gas Light Company

Represented Washington Gas Light Company, and four other electric utility and local distribution companies, before the FERC in a Gas Transmission Northwest Corporation rate proceeding. At issue was the treatment of stranded natural gas capacity costs and whether the pipeline's customers should bear a portion of costs. (2010)

Renewable energy*

Provided tax opinions to an independent solar power project developer on qualification for federal investment tax credits (I.R.C. § 48) for several projects in the southwest United States and Hawaii. (2009)

Resolution of commercial dispute for EPCOR Utilities

Representation of Canadian electric utility in connection with negotiation, settlement and resolution of commercial disputes resulting from a high-voltage transmission line failure affecting the operations of large electric generating facility. (2009)

Wage and hour class action for major oil company

Lead defense counsel in wage and hour class action, brought under Labor Code section 2810, which was dismissed at pleading stage. Currently on appeal. (2009)

Regulatory - electric for Alaska Power & Telephone

Represented AP&T in a rate case for its subsidiary Goat Lake Hydro. (2009)

Regulatory - electric for Simon Property Group

Representation in regulatory proceedings before the California Public Utilities Commission allowing increased flexibility with respect to submetering in shopping malls. (2009)

Regulatory - hydroelectric for Avista

Counsel for hydroelectric licensee in appeal of a Section 401 certification to the Washington Pollution Control Hearings Board. Negotiation of a comprehensive, five-party settlement agreement led to dismissal of the appeal and issuance of a favorable Section 401 certification. (2009)

Regulatory - hydroelectric for Chelan County PUD

Counsel for public utility district in negotiation of a multi-party settlement agreement leading to the issuance by FERC of a 43-year license for the Rocky Reach Hydroelectric Project. (2009)

Regulatory - natural gas for Calpine Corporation

Representation before FERC on gas quality and interchangeability issues associated with a new LNG import terminal which will provide gas service to the Northeastern United States. (2009)

Regulatory - natural gas for Florida Power and Light Company

Represented Florida Power & Light Company in connection with the cost impacts on downstream electric generators associated with a Florida Gas Transmission Company proposal to modify its tariff to accommodate deliveries of imported LNG. (2009)

Regulatory - natural gas for gas marketer

Advised a gas marketer on federal regulatory issues associated with settlement of a complaint involving a retail gas distributor. (2008)

Regulatory - natural gas for gas marketer

Filed comments for a gas marketer seeking changes to FERC's capacity release rules. (2008)

CEQA counsel for Shell Wind*

Represented in CEQA process, ushering project through permitting process with county and interfacing with consultants and community. (2008)

Environmental compliance for biomass facilities*

Represented multiple biomass facilities in permitting and compliance issues with air districts, water boards and DTSC. (2008)

Battelle Memorial Institute v. U.S. Dept. of Energy

Represented national nuclear laboratory in environmental cost-recovery action against U.S. Dept. of Energy related to contaminated former AEC site. (2008)

Consumer class action for major oil company

Represented defendant in putative class action alleging failure to disclose bank holds placed on consumer accounts where consumers use a debit card to complete their transactions. Case was settled on an individual basis within six months. 07-2-00477-1 (Chelan Cnty. (Wash.) Super. Ct. 2008)

In re Exxon Valdez

Court-appointed lead counsel for 30,000 plaintiffs represented by 60 law firms in the consolidated proceedings of more than 250 lawsuits, both class actions and direct actions, filed on behalf of fishermen, processors, Alaska natives, landowners, businesses, and others injured as a result of the spill of 11.8 million gallons of North Slope crude oil into the coastal waters of Alaska by the Exxon Valdez. 296 F. Supp. 2d 1071 (D. Alaska 2008) Read more

Litigation for food processor and marketer located in California

Defended client against major Northern California utility in dispute regarding renewable power purchase agreement. CGC-06-449192 (S.F. Cnty. (Cal.) Super. Ct.)

Litigation for national laboratory

Represented national nuclear laboratory in environmental cost-recovery action against U.S. Dept. of Energy related to contaminated former AEC site. Battelle Memorial Institute v. U.S. Dept. of Energy (2008)

Midtronics, Inc. v. World Energy Labs (2), Inc.

Successful defense of patent infringement case involving patents relating to battery testing equipment, ending in dismissal. (N.D. Ill. 2008)

Renewable energy - dispute resolution for Diamond of California

Defended a biomass generator of electricity against compliant initiated by Pacific Gas and Electric Company. (2008)

Resolution of commercial dispute

Served as mediator in large commercial dispute involving a cogeneration facility and its steam host. (2008)

Litigation for South San Joaquin Irrigation District

Important published decision concerning whether LAFCO approval is required for an irrigation district to provide retail electric service within its district boundaries. 2008 WL 1801200; 2008 WL 1801201; 2008 Cal. App. LEXIS 592; 2008 Cal. App. LEXIS 596 (3d Cir. 2008)

Hanford Nuclear Reservation litigation

Represented Westinghouse Hanford Corporation in defense of several thousand consolidated personal injury claims arising out of the operation of the Hanford Nuclear Reservation since 1943. Read more

Litigation for national energy producer

Represented a national independent power producer in commercial contract litigation arising out of the producer's purchase of the stock of a corporation in the process of permitting and building a gas-fired electrical cogeneration plant in Goldendale, Wash. (9th Cir.)

Legislation

Represented public agency in obtaining California legislation exempting client's electricity supply from programs and charges administered by the California Public Utilities Commission (CPUC) and to require utility transmission of electricity to client.

Rate-making proceedings for oil and natural gas producers

Representation of oil and natural gas producers in regulatory compliance and rate-making proceedings before state and federal agencies and courts.

Regulatory - electric

Advising public utility district on acquisition of assets and electric distribution facilities of existing public utility, assumption of propane and electricity service to commercial and residential ratepayers, and construction of a power line to connect to the California grid.

Regulatory - electric

Represented public agency at Federal Energy Regulatory Commission (FERC) in various tariff proceedings initiated by California Independent System Operator ('CAISO').

Regulatory - electric

Represented San Francisco Bay Area Rapid Transit District before CPUC in obtaining exemption from proposed electric rate increases during peak usage hours.

Regulatory - electric

Represented San Francisco Bay Area Rapid Transit District before FERC in obtaining a network transmission service under the transmitting utility’s Open Access Transmission Tariff.

Regulatory - electric

Represented transit district before FERC in connection with an application by its supplying utility to increase transmission rates.

Regulatory - electric for ColumbiaGrid

Counsel to four members of a regional cooperative transmission planning organization.

Regulatory - natural gas for City of Long Beach

Represent the City of Long Beach Oil and Gas Department in administrative proceedings before the California Public Utilities Commission regarding cost allocation, rate design, and terms and conditions of intrastate natural gas transportation and storage. (Ongoing)

Regulatory - natural gas for Cost Management Services, Inc.

Regulatory counsel to a competitive natural gas marketer on issues affecting transportation rates and tariffs of various local distribution companies.

Regulatory - natural gas for natural gas pipeline owner/operator

Counsel on issues affecting the regulatory status of a major lateral natural gas line.

Regulatory - oil pipeline for major oil company

Representation of major oil company in prosecuting various general rate applications and other regulatory proceedings before the California Public Utilities Commission.

Energy Transactions

Acquisition of natural gas pipeline facilities for oil/gas producer

Representation of offshore oil and gas producer in negotiation of acquisition of pipeline assets and associated facilities. (Ongoing)

Environmental due diligence in acquisition for Liberty Utilities (CalPeco Electric) and related entities

Handled environmental due diligence, permit issues and negotiation of consent decrees for acquisition of independent power producer's generation station, 12 substations and related transmission facilities in Lake Tahoe area of California. Managing ongoing post-closing environmental compliance and transfer issues. (Ongoing)

Gathering and processing agreements for oil/gas producer

Representation of offshore oil and gas producer in negotiation of natural gas gathering agreement and processing agreement. (Ongoing)

Water rights for multiple cities in Oregon

Representation of cities and municipal utilities in fast-growing communities in Central Oregon, Southern Oregon and the Portland metro area, respectively, related to obtaining, extending and protecting municipal water rights. (Ongoing) Read more

Mergers & acquisitions for Calpine Corporation

Represented in purchase of electricity generating plant in PG&E's power plant divestiture transactions in California and handled subsequent acquisitions, refinancings and sales. Also advising on ongoing environmental compliance. (Ongoing)

Transactions - natural gas for Freeport-McMoRan Corporation

Advise on gas supply and transportation contract issues. (Ongoing)

Environmental audit and insurance coverage for oil and chemical company

Assisting an oil and chemical company in its investigation and remediation of contamination after having helped it obtain insurance coverage for solvent contamination where no coverage had been found by previous counsel. (Ongoing)

Counsel for Texas Clean Energy Project (TCEP)

Project counsel to the Texas Clean Energy Project (TECP), a "NowGen" coal gasification carbon capture facility that will incorporate Carbon Capture and Sequestration technology in a first-of-its kind commercial power plant. (Ongoing)

Mergers & acquisitions for AltaGas Renewable Energy Colorado LLC

Mergers & acquisitions, representing AltaGas Renewable Energy Colorado LLC in its $25 million investment in 29MW wind generation facility in Huerfano County, Colo. (Ongoing)

Energy/transactional for Microsoft

Counsel to Microsoft in drafting and negotiating a facilities upgrade agreement regarding a major data center. (2013)

Energy/transactional for Swedish Medical Center

Counsel to major Seattle hospital in drafting long-term steam purchase agreement. (2013)

Energy/Transactional for Chelan County PUD

Counsel to public utility district in drafting and negotiating of large, multi-year, real-time power scheduling and marketing agreement with Powerex. (2012)

Generator interconnection agreements for project developers*

Representation of renewable energy project developers in negotiation of interconnection terms with investor owned utilities and independent system operators. (2012)

Power purchase agreements for intervenor*

Representation of intervenor in state regulatory commission proceedings regarding approval of power purchase agreements with renewable energy project developer. (2012)

Tax counsel for Summit Power Group, Inc.

Represented Summit Power Group, Inc., a developer of renewable energy projects, in connection with corporate and limited liability company restructurings to facilitate an equity investment by a strategic investor. (2011)

Commercial negotiation - electric for energy service provider

Represented energy service provider in its negotiation and documentation of power purchase and sale agreement with major California grocery retailer arising under California's direct access program. (2011)

Mergers & acquisitions for Algonquin Power & Utilities Corp.

Formed a new investor-owned electric utility, Liberty Utilities (CalPeco Electric) consisting of electric utility assets (in the Lake Tahoe area of California) previously operated by Sierra Pacific Power Co. Representation included the negotiation of asset purchase agreement and other key transaction documents for Liberty and also obtaining all federal and state regulatory approvals. (2011) Read more

Regulatory for NorthWestern Energy

Representation of NorthWestern Energy in connection with its acquisition of a 55 mile pipeline previously owned by an interstate gas pipeline. (2011)

Gas marketing agreements for natural gas producer*

Representation of natural gas producer in the Marcellus Shale in negotiation of gas marketing agreement. (2010)

Transactions - energy for Alaska Power & Telephone

Representation of regulated investor-owned Alaska utility in the development of run-of-river hydroelectric generating facilities in Alaska. (2010)

Transactions - energy for U.S. Renewables Group

Representation of established private equity fund in joint venture formed to develop new hydroelectric generating facilities at existing nonpowered dams in the United States. (2010)

Transactions - renewable for Summit Power Group

Representation of developer in joint venture formed to develop utility-scale photovoltaic solar generating facilities in the Western U.S. (2010)

Environmental due diligence and negotiation for Orion Power*

Handled environmental due diligence, permit issues and negotiation of consent decrees for acquisition of three natural gas-fired electricity generating plants in New York City. (2009)

Real estate for SANYO Solar of Oregon LLC

Worked closely with SANYO's in-house legal department on all aspects of SANYO's site acquisition in the city-owned Renewable Energy and Technology Park; the negotiation of economic development incentives from the state, county, and city for providing 200 new jobs; the negotiation of entitlements for construction; and the review and revision of project design and construction contracts. Work on the project was completed in 2009, and the factory is now in operation. (130,000 square-foot Oregon headquarters and plant for the manufacturing of silicon ingot and solar wafers; $80 million investment on 19.77 acres.) (2009)

Acquisitions for Leaf Clean Energy Company

Represented Leaf Clean Energy Company in the acquisition and redevelopment of an existing power plant in Telogia, Fla. (2009)

Transactions - electricity for Sports stadium owner

Represented sports stadium owner in negotiation of electricity supply contract with energy service provider. (2009)

Acquisition of business for Endeavour Capital

Acquisition of Little Red Services, Inc., an Alaska oil services provider. (2008) Read more

Lease negotiation for Otley Bros. Inc.

Negotiated lease with Columbia Energy Partners for the development and operation of wind turbines. (2008)

Gas pipeline precedent agreements for project developer*

Representation of interstate natural gas pipeline project developer in negotiation of precedent agreements and negotiated rate agreements with its anchor shipper. (2008)

Lease negotiation for Pryor Farms, Inc.

Negotiated lease with RES North America for the development and operation of wind turbines. (2008)

Purchase of land for SANYO Solar of Oregon LLC

Purchase of land from the City of Salem for new solar cell manufacturing facility; included many different state, county and city incentives. (2008)

Renewable energy

Negotiated power purchase agreement for the largest biomass project to be constructed on the West Coast in over a decade. (2008)

Renewable energy joint venture for energy project developer*

Formation of a joint venture between leading renewable energy project developer and world's largest manufacturer of solar panels to develop utility-scale solar photovoltaic energy projects in the United States. (2008)

Renewable energy joint venture for energy project developer*

Negotiation of joint venture between client project developer and regulated utility to develop and operate 5MW solar photovoltaic energy project in California. (2008)

Transactions - natural gas for industrial gas user

Advised a large southern California hospital on gas supply and transportation contract issues. (2008)

Transactions - natural gas for industrial gas user

Advised a major aerospace corporation on gas supply and transportation contract issues for manufacturing facilities located in the western United States. (2008)

Transactions - natural gas for industrial gas user

Assisted a large southern California hospital in negotiating a long-term facilities improvement and energy services contract in order to reduce natural gas, electric, water and hazardous waste disposal costs. (2008)

Acquisition of business for Retail Fuel

Represented buyer in negotiating and documenting acquisitions of retail fuel businesses and tank farms. (2008)

Gas storage precedent agreements for natural gas developers*

Representation of natural gas storage developers in negotiation of precedent agreements with anchor shippers. (2006)

Real estate for Goertzen Buckhorn Ranch LLC

Represented Wallowa County, Ore.-based Goertzen Buckhorn Ranch LLC in wind power leasing agreements.

Central Alaska Energy

Represent bulk fuel supplier in negotiation and documentation of long-term lease with Matanuska-Susitna Borough for development and operation of port-based tank farm and pipeline.

Commercial negotiation

Represented China Basin Ball Park Company, LLC, in negotiation of electricity supply contract for sports stadium with energy service provider.

Business restructuring

Restructured family businesses in buyout of a family member's interests.

Buyer representation for Yukon Fuel Company

Represented buyer in negotiating and documenting acquisitions of retail fuel businesses and tank farms.

Corporate transaction (refinery operation) for Flint Hills Resources, LP

Corporate and business advice on Alaska law related to client's oil refinery in Alaska. Read more

Merger of businesses for major fuel supplier

Represented major fuel supplier in documenting requirements contracts, sale contracts, marketing agreements, tank storage agreements, and credit agreements.

Mergers & acquisitions for independent power producer*

Represented an independent power producer in the sale of a gas-fired power project to an investor-owned utility.

Mergers & acquisitions for Puget Sound Energy

Represented in the sale of InfrastruX Group, Inc., to Tenaska Power Fund.

Sale of infrastructure construction company for Puget Sound Energy

Represented Puget Sound Energy in the sale of InfrastruX Group, Inc., to Tenaska Power Fund.

Transaction - natural gas

Represented landowner in connection with the granting of easements for natural gas pipelines on ranch properties.

Transactions - electricity

Represented client in negotiation of various agreements and licenses in connection with its business as an internet-based seller of electricity.
* Denotes experience completed at a prior firm