Energy
Our energy lawyers have actively participated in energy industry restructuring in the Northeast. The push toward competitive markets for energy, combined with the complex challenges facing the industry such as transmission and distribution constraints, fuel supply diversity, siting of facilities and new stringent environmental regulations, have caused numerous legal challenges for industry participants and energy users alike. Our energy attorneys combine their extensive regulatory experience with numerous other practice areas such as tax, finance, environmental and land use, and litigation in order to provide a broad array of services meeting the diverse needs of our clients. In particular, our attorneys routinely assist clients in identifying and securing grant funding and below market financing to implement energy and cost-savings strategies. Our energy attorneys are at the forefront of various industry and market-oriented organizations, enabling us to provide up-to-date market information and insight to our clients.
The firm’s energy attorneys routinely participate in regulatory proceedings on the state and federal level. Our attorneys provide advice regarding proposed legislation, energy options and contracts, generation facility siting matters, transfer of ownership, and land use and environmental permitting for new and expanded facilities. Our attorneys have represented the regional independent system operator, the owner and operator of large fossil-fuel fired generating plants, merchant power plants, waste-to-energy facilities, consumers with cogeneration and distributed generation facilities, biodiesel production companies, municipalities, natural gas companies, state agencies and quasi-public agencies.
One of our services that is in great demand is our ability to advise clients with respect to the development of cost-saving strategies through creative contracting or by assisting with the selection of engineered solutions. We also advise our clients on sustainability and emission reduction opportunities. Our attorneys are well versed in renewable energy technology and portfolio standards and advise clients with respect to both grid and demand-side distributed generation. Finding unique solutions to common problems and assisting clients in managing energy options form a core part of our practice. As market changes force energy prices to record levels, our energy attorneys are able to focus clients’ resources and implement strategies that are tailored to specific client needs. Although we provide our clients with a wide range of services, Shipman & Goodwin does not employ engineers, nor are we product vendors. We assist clients in formulating RFPs and selecting appropriate vendors, products and engineers when and where necessary.
To address the needs of our end-use municipal, commercial and industrial consumer clients, our attorneys have developed a comprehensive approach to energy optimization. First, we recognize the importance of energy efficiency to reduce consumption. We assist clients in navigating the complex maze of energy efficiency programs and grant funds. We help our clients understand their energy usage and load profile to optimize efficiency and reduce cost. We understand and explain cost drivers such as demand ratchets and capacity charges. We often assist clients in evaluating the potential for on-site distributed generation (DG), such as fuel cells, microturbines, biomass, photovoltaics, and combined heat and power applications. Our advice extends to new market mechanisms that enhance the economics of such projects, including renewable energy credits (RECs), capacity payments, demand response, net metering and the emerging carbon markets. We also advise on the funding and financing for such installations. We also assist clients in the permitting and siting that can accompany DG installations. Our finance attorneys also stand ready to assist clients that are financing their DG installations or efficiency projects. We have extensive experience gained in both the public and private sectors in numerous funding alternatives ranging from traditional commercial bank lending to venture capital finance to project finance where a project’s cash flows serve as the primary source of repayment. Our attorneys assist clients in identifying private, state and federal programs that offer financial incentives for energy efficiency measures, including grants, low-cost loans and tax credits. Finally, we are able to assist clients to competitively bid any existing load into the competitive market to reduce the bottom line cost of energy purchased in the deregulated markets. We understand the importance and nuances of energy contract terms such as bandwidth provisions and pass-through charges that can impact a client’s ability to realize energy savings.
In recognition of their knowledge in these areas, our attorneys are highly sought out as speakers on incentive and grant programs available to electric and gas utility customers. As energy counsel, we are able to identify advantageous programs for our clients and implement the application process quickly to take full advantage of the financial benefits. We interact with client facility managers, engineers, contractors and the utilities to ensure that the statutory and regulatory requirements are met and projects are implemented with the available financial incentives in place.
Because we are often involved with the review of pending legislation, some of which affects various incentive programs, not only are we able to identify strategies that take advantage of existing programs, but we are also better able to advise our clients in ways that will allow them to plan accordingly to take advantage of proposed legislation. Our utility attorneys routinely monitor state and federal legislative initiatives and issues, which positions us to advise clients on issues related to the likelihood of future funding opportunities that may warrant the acceleration or postponement of particular development projects. Many of the existing and proposed programs require strict adherence to program rules and timelines. By hiring energy counsel, our clients are able to focus their efforts on securing funding from many of the available incentive programs and funding opportunities, and they are able to reduce the likelihood of funding forfeiture or project delays resulting from regulatory noncompliance.
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Matthew
Ranelli
(860) 251-5748
Erik
J.
Ness
(860) 251-5906
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