Renewable and Traditional Energy

Day Carter & Murphy LLP
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Sacramento, CA 95864
T: 916.570.2500

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Renewable & Traditional Energy

  • 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.

  • 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.

  • Represent parties to complex renewable resource procurement transactions.

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

  • Represent publicly owned utilities in formation and annexation proceedings.

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

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

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

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

  • 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.

  • 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 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.

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

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

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

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

  • 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 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.

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

  • 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 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 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.

  • 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.

  • Represent clients in connection with the acquisition of permits to construct, and prevention of significant deterioration permits, from local air districts and the Environmental Protection Agency [EPA].

  • Represented municipal utility in development of the emissions performance standard for power plants in California.

  • Worked with a team of experts to obtain particulate matter credits for a power plant through an untested rule procedure in the south coast air basin.

  • Successfully permitted thermal solar and conventional generation projects through the California Energy Commission [CEC], including a large solar project on lands that involved extensive cultural resources.

  • Permitted a 600 megawatt two-on-one combined cycle power plant, developing strategy and setting precedent for the CEC evaluation of greenhouse gas emissions from power plants connected to the California Independent System Operator electric grid.

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

  • Negotiated wholesale energy contract on behalf of large gas-fired power plant owner with provisions addressing future unknown greenhouse gas costs and plant availability constraints while taking into account bond issuing requirements.

  • Negotiated rooftop solar and ground mount solar energy power purchase agreements and facility purchase agreements for distribution centers with large refrigeration loads.

  • Negotiated favorable prevention of significant deterioration permits addressing and resolving air modeling issues, air background concerns regarding monitoring station locations and applicability, and impacts on Class 1 areas.

  • Resolved ongoing air quality emissions violations from biomass power plant.

  • Addressed un-permitted avian mortality issues for wind projects to support project financing.

  • Successfully defended power plant before the CEC, California Supreme Court and Ninth Circuit Court of Appeals with respect to alleged permit violations.

  • Represented client during EPA investigation into whether its facility violated new source review requirements.

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