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Nicholas A. Giannasca

Nicholas A. Giannasca has more than 29 years’ experience representing a broad array of clients participating in the electric utility industry, including utilities, utility regulators, power marketers, energy service companies, investment banks, private equity firms, hedge funds, and commercial/industrial customers. He counsels clients in connection with:
  • Asset acquisitions and divestitures
  • Midstream natural gas infrastructure construction and regulation
  • NERC electric reliability standards
  • Solar, wind and geothermal electric generation development
  • Electric regulatory compliance under the FPA, PURPA, PUHCA, and state statutes
  • Independent power development
  • Microgrids and distributed generation, including combined heat and power (CHP)
  • Wholesale power transactions and exchanges
  • Energy-related derivatives
  • Economic development tariffs and contracts
  • Electric generation interconnection
  • O&M/EPC agreements
  • Standby electric service and net metering
  • Administrative and civil proceedings related to industry restructuring
  • Utility tariffs and contracts, QFs, economic development and generation interconnection
  • Retail access markets for electric and gas
  • Renewable energy certificates and portfolio standards
  • Retail electric and natural gas procurement
  • Energy efficiency and demand response

Representative Experience

Merger of utilities

Represented Avista Corporation as FERC regulatory counsel in connection with the $5.3 billion merger of Hydro One Limited into Avista. (2017)

RFP for generation asset

Represented Monongahela Power Company as regulatory and corporate counsel in connection with Mon Power’s competitive solicitation of capacity and demand resources. (2017)

Sale of energy services company

Represented U.S. Gas & Electric Inc., a leading U.S. energy retailer, in connection with its $172.5 million acquisition by Crius Energy Trust. At the time of its acquisition, USG&E served approximately 375,000 residential customers in 62 utility markets, including the District of Columbia and the following 11 states: Connecticut, Illinois, Indiana, Kentucky, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, and Pennsylvania. (2017)

Construction loan for development of solar generation facilities*

Represented First Niagara Bank, N.A. in connection with a $9 million construction loan to LCP Solar Development I LP, Beaver Solar LLC, Cherrington Solar LLC, Parlin Solar LLC, and Springfield Solar LLC ("Borrowers"), with an additional $4 million term loan to be granted by First Niagara to Borrowers upon the Borrowers meeting certain conditions to First Niagara's satisfaction, for the development and construction of four on-site solar generation facilities (one in New Jersey, one in Ohio, and two in Pennsylvania). (2012)

Refinancing of working capital facility for USG&E*

Served as energy/regulatory counsel to USG&E, a retail supplier of natural gas and electricity in several states, in connection with a $75 million refinancing of its working capital facility with Macquarie. (2012)

Solar and wind development for Philadelphia Eagles*

Represented the Philadelphia Eagles in connection with the construction and installation of approximately three MWs of solar and wind generation at the Eagles Lincoln Financial Stadium. NRG will own and operate the renewable energy systems and sell power to the Eagles under a long-term power purchase agreement. (2012)

Transaction for New York State Electric & Gas Corporation ("NYSEG") and Pennsylvania Electric Company ("PENELEC")*

Represented New York State Electric & Gas Corporation (“NYSEG”) and Pennsylvania Electric Company (“Penelec”) in connection with the transfer from Edison Mission to GE Capital of the 1,884 MW Homer City coal-fired generating facility located in Indiana County, PA. The transaction, which required numerous regulatory approvals, including the approval of the Federal Energy Regulatory Commission, closed on December 14, 2012. NYSEG and Penelec, as former owners of the facility, continue to jointly own the substation that serves the facility. Numerous contracts and arrangements among Edison Mission, GE Capital, NYSEG, and Penelec were implicated in this transaction. (2012)

Acquisition of membership interest in parent of energy service companies*

Represented MVC Private Equity Fund, L.P., a subsidiary of MVC Capital, Inc., in its acquisition of a substantial membership interest in the parent of energy service companies Plymouth Rock Energy, LLC (“Plymouth”) and Falcon Energy, LLC (“Falcon”) along with control of the boards of directors of Plymouth and Falcon. Plymouth markets retail electricity and natural gas in New York and New Jersey, and Falcon markets natural gas in New York. (2011)

Portfolio sale of 11 landfill projects for Innovative Energy Systems, Inc.*

Represented Innovative Energy Systems, Inc. of Oakfield, N.Y. (IES”) in the sale of IES’s portfolio of 11 landfill gas-to-energy projects located in New York and Vermont to a subsidiary of Energy Investors Funds. The IES portfolio consisted of developed projects with an installed capacity of 72 MW of reliable renewable energy. (2011)

Revolving credit facility for Laser Northeast Gathering Company*

Represented Laser Northeast Gathering Company, LLC (“Laser”) in connection with a $190 million revolving credit facility agented by Bank of America, to finance the construction and operation of a new gas gathering system in Susquehanna County, Pennsylvania, and Broome County, New York, serving Marcellus Shale gas producers. (2011)

Refinancing for USG&E*

Represented U.S. Gas and Electric, Inc. (USG&E) in its refinancing of its natural gas working capital credit facility. USG&E, which supplies retail natural gas service, refinanced its credit facility through a global supplier of energy commodity and financing services, which entity will also be USG&E’s exclusive supplier of natural gas for resale to retail customers. (2010)

Acquisition of Energy Services Providers, Inc. (ESPI) for USG&E*

Represented U.S. Gas & Electric, Inc. (USG&E) in its acquisition of Energy Services Providers, Inc. (ESPI), making USG&E one of the top 10 energy marketers in the United States. Our client acquired ESPI, a certified retail supplier of electricity in several states including New York, in order to expand the scope of services it could provide its existing natural gas customers in New York and elsewhere. (2009)

Financing of California biomass plant for Akeida Capital*

Represented Akeida Capital Management, LLC, an environmental asset management firm focused on originating and investing in sustainable energy products, in a $10.5 million senior secured loan facility for a biomass power generation facility located in Blue Lake, Calif. (2009)

Financing of California renewable energy facilities*

Represented Akeida Capital Management, LLC, an environmental asset management firm focused on originating and investing in sustainable energy products, in a $12.5 million senior secured financing for two biomass power generation facilities located in the San Joaquin Valley in California. (2009)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Partner, Blank Rome LLP, New York, N.Y., 2008-2015

Professional & Community Activities

  • Horace Greeley Scholarship Fund
  • Energy Bar Association
  • New York City Bar Association
  • New York State Bar Association

Professional Recognition

  • Named a "Recognised Practitioner" in Energy: State Regulatory & Wholesale Electric Market (New York) by Chambers USA, 2017