Renewable and Traditional Energy

Day Carter & Murphy LLP
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Sacramento, CA 95864
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Renewable & Traditional Energy

  • Represented a large industrial customer group in all aspects of ratemaking before the California Public Utilities Commission.

  • Represented developer of rice straw-to-ethanol plant before the California Energy Commission during the siting, permitting and related environmental review process.

  • Assisted in drafting variance request from the California Air Resources Board’s diesel fuel specification requirements.

  • Represent a variety of competitive service provider interests in California Public Utilities Commission ratemaking and regulatory proceedings, including matters relating to utility procurement, RPS compliance, and service areas.

  • Represent a coalition of participants in the distributed generation/distributed energy resources industry in regulatory proceedings before the California Public Utilities Commission relating to rates, interconnection procedures, and CHP policy.

  • Represent a coalition of agricultural energy consumers before the California Public Utilities Commission regarding agricultural rate and interconnection issues.

  • Represented bidder in auction of fossil-fuel fired power plants by negotiating indemnifications relating to potential site contamination and by reviewing related environmental provisions in purchase and sale documents. Negotiated access agreements on behalf of landowners to facilitate the evaluation and clean-up of contamination by third parties.

  • Prepared and negotiated complex agreement between federal and state agencies and power plant owner which implemented significant California Energy Commission project mitigation conditions relating to federal and state Endangered Species Acts.

  • Represented developer of power plant before the California Energy Commission during the Commission’s environmental review of facility decommissioning plan.

  • Represented developer of 670MW gas-fired power plant in the California Energy Commission siting process.

  • Represent energy companies in the development of major underground gas storage projects in connection with the acquisition of rights in land for storage, pipeline and compressor station easements, and mineral owner consents, as well as the negotiation of master services agreements, drilling contracts, and other operational and transactional documents.

  • Represent energy companies in connection with major acquisitions of numerous power plants and associated pipeline systems, including the negotiation and documentation of power purchase agreements, the negotiation and drafting of power plant site lease agreements, the conduct of real property title due diligence, and related transactional matters.

  • Assist clients with environmental audits to identify and address potential compliance issues.

  • Conduct environmental due diligence for purchasers in energy asset acquisition transactions, including review of environmental site assessments and transaction documents.

  • Represent proponents of energy projects in all stages of development: financing, site acquisitions, due diligence, permitting, interconnection, and ongoing compliance.

  • Represent developers of distributed generation/distributed energy resources in power sales agreement and interconnection transactions.

  • Represent publicly owned utilities in formation and annexation proceedings.

  • Represent publicly owned utilities with respect to electric service matters.

  • Represent parties to complex renewable resource procurement transactions.

  • Represent developers of gas storage projects before the California Public Utilities Commission with respect to applications for certificates of public convenience and necessity and related CEQA compliance.

  • Represented energy company in the development of an underground compressed air project in connection with the acquisition of rights in land and related transactional documents.

  • Represented a California joint powers agency, consisting of a major California municipal utility district and two large Northern California cities, in the negotiation and documentation of acquisition of exclusive rights to buy steam and site power plants (together with the pass-through of economic benefits to the governmental joint powers agency for the provision of tax advantages to a major integrated oil company and a major geothermal developer in the partial funding of steam field development costs).

  • Represented the private developers of a 28-megawatt hydroelectric power plant in the negotiation and documentation of the acquisition of easements and rights-of-way from the underlying landowners and in the subsequent $70 million project finance of such development.

  • Advised regulated entities on compliance with the greenhouse gas reporting for electricity imports, and cap and trade requirements for instate emitters.

  • Represent project developers and financial institutions with regard to development of, and investments in, energy facilities, including conducting due diligence and providing legal permitting and regulatory opinions to support construction and term financing.

  • Represented wind company in dispute with landowners over alleged misrepresentations in lease negotiations, with successful result of no lease modification and recovery of attorney’s fees for wind company.

  • Represent wind and solar energy companies in land acquisition and development of commercial energy projects, with an emphasis on real estate, title due diligence, development agreements and related matters.

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