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Desktop Image: Merrill Kramer
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Merrill Kramer

Partner

T 202.973.4264 Washington, D.C.
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Over four decades, Merrill Kramer has represented the largest and most innovative companies in the energy sector. One of the top-ranked energy lawyers in the country, Merrill anchors the firm's energy transactional capabilities. His practice focuses on the development and financing of energy and infrastructure projects across the U.S. and internationally.

An experienced project finance attorney who began his legal career as a senior trial lawyer at the Federal Energy Regulatory Commission (FERC), Merrill guides clients through the complexities of the development, financing, sale, acquisition, and investment in energy and other infrastructure projects. Over his entire career in D.C., he has distinguished himself as a leading figure among industry leaders and policymakers, advocating for projects and policy and regulatory initiatives that advance clean energy solutions.

Merrill has represented Fortune 200 companies and other major players in over a hundred projects representing more than $30 billion in invested capital and involving technologies from solar, wind, battery storage, geothermal, hydroelectric, renewable natural gas, landfill and municipal waste, to cogeneration, combined heat and power (CHP), and conventional natural gas-fired power plants. He also advises large industrial and commercial energy users, as well as universities, on procurement and development matters. His expertise spans industries and legal areas, including corporate transactions, M&A, tax equity investment, private equity investment, regulatory compliance, real estate, land use, and environmental issues.

Merrill's substantial transactional and regulatory experience ensures comprehensive project finance capabilities for DWT's institutional clients and newcomers alike, and his clean energy experience aids companies that are focused on environmental impact, ESG matters, and general corporate governance. During his tenure at FERC, Merrill was head of the Cogeneration and Small Power Production Task Force. Today he serves as outside counsel to the New York Solar Energy Industries Association (NYSEIA).

Energy Infrastructure Project Development & Finance

Private equity investment*

Represented Solitude Solar, LLC (d/b/a US Light Energy) in $25 million private equity investment in the company. Representation included drafting and negotiating investment agreement, managing due diligence, and advising company on tax, employment, corporate, and regulatory aspects of the transaction.

Solar project portfolio acquisition*

Represented EDF Renewables, NA in $200 million solar project portfolio acquisition, including managing due diligence, preparing and negotiating membership interest purchase agreements, and negotiating EPC agreements.

Solar asset sale*

Representing seller in $25 million solar asset sale, including preparing confidential information memoranda, structuring the bidding process, evaluating bids, preparing and negotiating term sheets, site leases, MIPA agreements, EPC agreement, managing due diligence process, and advising client on tax aspects of the transaction, including bonus adders under the Inflation Reduction Act of 2022.

Solar/storage acquisition*

Represented Standard Solar, Inc. in $25 million solar/storage acquisition in Maryland.

Renewable natural gas plant development*

Represented Proximo Energy, LLC in developing an approximately $30 million renewable natural gas (RNG) manufacturing plant in Florida, including advising on corporate, finance, real estate, and tax issues.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Bankruptcy & Creditors' Rights

Chapter 11 bankruptcy counsel*

Served as counsel for the Liquidating Trustee in the Chapter 11 bankruptcy of Power Company of America. Litigated the precedent-setting issue before the U.S. Court of Appeals for the District of Columbia of the competing federal preemption rights of the bankruptcy courts versus FERC.

Senior secured creditors representation*

Represented the senior secured creditors on the Board of New Pacific Ethanol Holding Company as equity owners of the assets of Pacific Ethanol Company (PEIX) following emergence from bankruptcy.

Enron bankruptcy proceedings*

Represented Allegheny Energy Company in Enron bankruptcy proceedings against claims for approximately $30 million. Settled all claims for approximately $11 million, which included retaining Enron's collateral and allowing for release of Allegheny's operating reserves.

Regulatory "rate paths" for Chapter 11 emergence*

Represented El Paso Electric Company in successfully obtaining regulatory "rate paths" for emerging from Chapter 11.

Creditor representation in bankruptcy*

Represented MidAmerican Energy Company as creditor in the bankruptcy of the California Power Exchange.

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • District of Columbia
  • Michigan
  • New York

Education

  • J.D., Wayne State University Law School
  • B.A., Linguistics, Columbia University

Memberships & Affiliations

    • Policy Committee, New York Solar Energy Industries Association (NYSEIA)
    • Federal Affairs and Tax Committees, American Clean Power Association
    • Steering Committee, Energy Bar Association (EBA)

Professional Recognition

    • Named one of the "Best Lawyers in America" by Best Lawyers in Utilities Law, 2024-present
    • Selected to "Washington, D.C., Super Lawyers" in Energy & Natural Resources, Business & Corporate, and Utilities, Thomson Reuters, 2007-2008
    • AV Preeminent rating in Energy Law, Martindale-Hubbell
    • "Go-To Thought Leadership Award" for work in the clean energy industry, National Law Review

Background

    • Partner, Pierce Atwood LLP, Washington, D.C., 2017-2025
    • Partner and Sustainable Energy Practice Chair, Sullivan & Worcester LLP, Washington, D.C., 2015-2017
    • Manager, Alternegy Holdings LLC, Washington, D.C., 2009-2015
    • Partner, Project Finance Practice; Chair, Derivatives & Structured Products Practice, Chadbourne & Parke LLP (now Norton Rose LLP), Washington, D.C., 2002-2009
    • Partner and Electric Utility Practice Chair, Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., 1992-2001
    • Senior Trial Attorney and Principal Counsel, Cogeneration and Independent Power Task Force, Federal Energy Regulatory Commission, Washington, D.C., 1980-1984
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wind and solar
05.23.25
Insights
UPDATE: House-Passed Reconciliation Bill Takes a Bigger Bite Out of Clean Energy Tax Incentives Read More
Publications
04.01.25
News
Davis Wright Tremaine Continues Expansion of National Energy Practice with Addition of Partner Merrill Kramer in Washington, D.C. Read More
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