Renewable Energy

Strength in Renewable Energy

Bracewell has substantial capabilities in facilitating wind energy installations and transactions and assisting clients with other alternative renewable energy sources, including biomass, ethanol, geothermal, hydroelectric and solar.  Our renewable energy team counsels clients in almost every aspect of the renewable energy market, including project development, project acquisition, construction and operation & maintenance agreements, tax planning and tax credits, financing, power sales and marketing agreements, international transactions, and legislative and administrative advocacy both at the federal and state level.  Our clients include North America’s leading developers of wind power projects, the largest U.S. utility owner of renewable energy operations, one of the world’s major integrated energy multinationals, the world's only publicly-traded company investing solely in renewable energy facilities, the leading wind industry association in the U.S., and other companies that provide equity, development expertise, equipment, financing and transmission for renewable energy projects.

Project Development and Acquisition

We have a team of experienced transactional lawyers with a comprehensive understanding of the renewable energy industry in the U.S. and in international markets dedicated to renewable project opportunities, whether in new greenfield developments or acquisitions of existing projects.  With a team of tax, environmental, regulatory and project finance attorneys, we have assisted clients in their development and acquisition of almost every type of renewable energy resource.  We have assisted our clients in their bids to develop solar projects, their development of wind and geothermal projects, their acquisition of companies developing wind and hydroelectric projects, and their acquisition of wind, hydroelectric, and biomass assets, as well as agricultural and ethanol operations that will be converted to full-scale cogeneration facility operations.

Energy Regulation and Compliance

We have a team of energy regulatory lawyers that are experienced in power regulatory and compliance issues, including the transmission interconnection and service that is critical to many renewable energy projects.  We participated in legislative initiatives encompassed in the Energy Policy Act of 2005 that led to the creation of National Interest Electric Transmission Corridors (NIETC), the designation of which can remove a major obstacle to the cost-effective transmission of electricity generated by renewable energy projects.  Our regulatory teams have significant experience practicing within and before state, federal and international energy regulatory agencies.  Our federal representation, including permitting, advocacy and compliance, involves regular interaction with the Department of the Interior, Department of Energy, the FERC, and the EPA.  We also represent clients before state public service and utility commissions, energy boards and commissions, and environmental and land use agencies.  Our international regulatory practice spans the Americas, Europe and Central Asia.

Environmental and Environmental Strategies

Our team of environmental lawyers has significant experience with energy projects throughout the U.S.  We represent developers and financial institutions on project development issues, particularly siting and permitting.  Our unique environmental strategies group provides strategic media advice, government relations services, and environmental counseling on virtually all environmental issues related to the energy sector. These efforts include counseling on media communications and community relations in new project development.

Corporate and Project Finance

Bracewell has over 50 attorneys in Houston, New York, Washington DC and Dallas dedicated to energy finance transactions.  We are consistently ranked among the top firms in the United States on syndicated lending and leveraged finance and were recently recognized as being among the top firms in the United States for project finance in energy infrastructure by Project Finance magazine.  Our experience in financing wind power transactions extends to secured hedging agreements.

Tax Credits and Other "Green Attributes"

Bracewell's tax team helps clients plan and achieve their financial objectives while maximizing their tax advantages and minimizing tax burdens. We advise our clients on all aspects of local, state, federal and international taxation, including applicability and use of Production Tax Credits and Investment Tax Credits.  Our environmental and energy team is experienced in the sale and trading of "Green Attributes", including credits, benefits, emissions reductions, offsets, allowances, Green Tags and Renewable Energy Credits attributable to renewable energy resources.

Strength in Latin America

Our experience in Latin America transactions provides a significant benefit to clients investing in this region.  Attorneys in our Latin America group are licensed to practice in Mexico, Argentina and Brazil, and are used to taking a "U.S.-style" approach to business transactions in civil law countries.  Our team is fluent in Spanish and Portuguese and is experienced in analyzing local regulatory schemes.  In addition, our team regularly interacts with clients and regional counsel in their home countries and advises government agencies on key energy and policy issues.  We have advised clients in engagements in more than a dozen Central and South American countries with special emphasis on Mexico, Argentina, Brazil and Chile.

Wind Power

Regardless of where a wind project is located, the Bracewell Renewable Energy Team has the experience to successfully assist companies throughout the wind industry.  We have recently provided support for the following companies:

• American Electric Power in its negotiation of two 20-year Power Purchase Agreements to purchase a total of 200 MW of power from the 750 MW Fowler Ridge Wind Farm being developed by BP Alternative Energy North America in Benton and Tippecanoe Counties, Indiana
• American Electric Power in its negotiation a 20-year Power Purchase Agreement to purchase 75 MW of power from the 150 MW Camp Grove Wind Farm being developed by Orion Energy in Stark and Marshall Counties, Illinois
• Econergy International Corp. in its investment in Eco Energy Beberibe Ltda. and its development of a 25.2 MW wind farm in Ceará, Brazil
• Econergy International Corp. in its acquisition of the 18 MW Pedra do Sal wind project to be constructed on the Atlantic coast in Piauí, Brazil
• Econergy International Corp. in its development of a 50 MW wind farm in Costa Rica, including engineering, procurement and construction agreements
• Ventus Energy, Inc. in understanding renewable portfolio standards, renewable energy credits, and market rules in Northeast U.S.
• BP Alternative Energy in assessing potential endangered species and migratory bird issues associated with 24 large wind turbines in Central Texas
• Shell Wind in the initial stages of a 400 MW wind farm in coastal South Texas
• Superior Renewable Energy, LLC in early stage development issues associated with a proposed offshore wind project off the coast of Texas, focusing on transmission issues under the Federal Power Act and the 2005 Energy Policy Act
• Horizon Wind Energy in wind turbine supply agreements, warranty agreements, OMS agreements, and real estate siting for portions of the 321 MW Maple Ridge Wind Farm in New York, the proposed 120 MW Pine Tree Wind Energy Project in California, portions of the 225 MW Blue Canyon Wind Farm in Oklahoma, and the proposed 120 MW Linekin Bay Wind Project in Maine
• Invenergy Wind North America in strategic outreach and legislative matters related to its ownership of a 130 MW wind project in Central Texas
• Cielo Wind (formerly Texas Wind Power Co.) in real estate acquisition for various wind projects in Texas, including assistance in bids for backup power supply, turbine purchase and installation contracts, joint venture arrangements and corporate structuring, agreements for the sale of development rights, and development of standard Texas project agreement forms, including power purchase agreements
• American Wind Energy Association and a number of its major developer members in building community support for numerous wind energy projects in the mid-Atlantic region
• Florida Power and Light in due diligence and tax representation (including tax abatement and ad valorem tax minimization) in a project acquisition
• Credit Suisse First Boston in various aspects of the financing of a portfolio of Florida Power and Light wind projects, including due diligence on zoning requirements, migratory bird and other environmental issues, and FAA issues
• Naturener in the acquisition of wind farm projects in Montana and Alberta, Canada
• European-based wind energy developer in connection with the project bond financing of the construction of an approximately 32 MW wind power facility on the Spanish Mediterranean coast

Hydro

The Bracewell Renewable Energy Team has experience in advising clients on hydroelectric projects from inception to development through operation and marketing, including permitting – whether with FERC, the US Forest Service or other governmental agencies – interconnection issues, rate issues, grid management, and development, construction and operation agreements.  Our team also has counseled clients on project financing and due diligence review of project documentation.  We have advised the following companies on their hydroelectric power projects:

• Elsinore Valley Municipal Water District in the licensing and permitting, interconnection issues and related rate implications, and development, construction and operation agreements for a $1.2 billion, 500 MW electric pump storage project in Southern California
• Econergy International in its investment in the 19.8 MW Areia Branca hydroelectric project in the State of Minas Gerais, Brazil, its commitment to invest in the 20 MW Pipoca hydroelectric project in the State of Minas Gerais, Brazil, and its commitment to acquire a 50% interest in the 25 MW Laja hydroelectric project in Chile

Solar

The Bracewell Renewable Energy Team has advised developers of four proposed photovoltaic (PV) projects in California and North Carolina.  This advice included analysis of proposed Power Purchase Agreements and assistance in bid preparation, including analysis of applicable laws and regulations.  Bracewell attorneys also have experience with transactional and regulatory aspects associated with concentrated solar (CSP) projects.

Biomass

The Bracewell Renewable Energy Team has been advising clients in the Waste to-Energy sector for many years, including:

• Integrated Waste Services Association, including serving as outside regulatory counsel on electric regulatory issues before FERC and state regulatory commissions
• Niagara Power with respect to the conversion of an existing fossil fuel electrical generation facility to an open loop biomass project
• Snowflake White Mountain Power in development and debt and IDB financing of a 24 MW biomass generation facility in Arizona
• Rollcast Energy, Inc. in the preparation and negotiation of a management services agreement in connection with a 28 MW wood-fired cogeneration plant in North Carolina

Geothermal

Bracewell attorneys have counseled clients and developed expertise in the negotiation of investments in geothermal developments and in lending and credit to geothermal companies.  We have provided support to:

• Glitnir Bank from Iceland in the creation of a credit facility to a geothermal drilling company
• Geysir Green Energy in negotiations for equity participation in the development of a geothermal generator in the geysers region in California

Ethanol and Biodiesel

The Bracewell team has advised a major developer of cellulosic ethanol on enforcement of intellectual property rights.  We have provided that developer with media relations support, highlighting recent developments, government awards and technology progress.  The firm also has drafted congressional/press statements and hearing testimony and has represented cellulosic ethanol companies to trade press media and other national policy media in Washington during numerous congressional hearings focused on ethanol, biofuels, new fuels technology and gasoline prices.  Our clients include:

• Bluefire Ethanol on issues involving plants that will convert waste to cellulosic ethanol; from inventory delivery and management to siting, offtake and other issues including the securing of DOE grant money to assist in executing business strategy
• Iogen, a biotechnology firm specializing in cellulosic ethanol, on development and execution of a government relations strategy to influence energy legislation and regulations and to implement DOE loan guarantee programs
• J. Aron & Company in a secured commodity hedge and intercreditor arrangement for a biodiesel facility

Renewable Energy Advocacy

The Bracewell energy advocacy team has been an effective advocate for clients on a wide range of issues affecting their business operations and objectives. Our energy advocacy attorneys rely on both their legal and political skills to structure a sophisticated strategy to achieve each client’s specific needs and business goals. The broad scope of advocacy services provided by our firm on renewable energy matters includes:

• Advocacy for numerous clients in connection with the Energy Policy Act
  of 2005, including NIETC qualification, enforcement provisions, electric reliability standards, transmission incentives and renewable energy incentives/production tax credits
• Advancement of the interests of wind power producers before FERC; acted on behalf of AWEA with respect to FERC and DOE transmission policies favorable to wind and other renewable resources
• Creation of tax and grant benefits for renewable energy projects
• Successful advocacy for reform of hydroelectric power plant licensing
• Advising an ethanol company on plants that will convert waste to cellulosic ethanol, addressing issues from inventory delivery and management to siting, and offtake agreements
• Strategic media advice and counsel on environmental matters
  for major energy trade associations and companies, including utilities, refineries and wind developers such as AWEA and FPL
• Management of a regional wind energy coalition addressing siting and
  policy challenges
• Formal and informal coalition-building focused on particular issues such as ethanol development and biofuels mandates
• Management of strategic communications during lawsuits against wind energy companies relating to wind turbines, and electric power companies relating to plant development and siting issues