In Brief: A Digest of Renewable Energy Projects

Wind

• Lead development counsel on the largest wind project in the state of Nebraska, a 200 MW, $360 million facility comprised of approximately 120 wind turbines.
• Represented Algonquin Power Co. in the simultaneous acquisition, joint venture and tax equity financing of thee wind facilities in PJM, and ERCOT totaling 400 MW.
• Counsel to GE Renewable Energy in connection with its 2011 investment in Wind Capital Group’s 201-megawatt Post Rock wind facility in Kansas, its 2013 investment in Enel’s 250-megawatt Buffalo Dunes wind farm and to certain investors in connection with their investments in Gestamp Wind’s 40- megawatt Petersburg wind facility in Nebraska.
• Represented Duke Energy Renewables in connection with its acquisition and $330 million 2012 joint financing arrangement with Sumitomo Corporation of America for the 131-megawatt Cimarron II Wind Project in Gray County, Kansas, and the 168-megawatt Ironwood Wind Project in Ford County, Kansas.
• Represented GE Energy Financial Services, Inc., and other co-investors, as counsel for real estate, environmental, local tax and/or regulatory due diligence in connection with tax equity investments in more than 2000-megawatts of wind generating facilities in Texas.

Solar

• Represented NV Energy Inc. in its partnership with Apple, Inc. to construct a 20-megawatt, 137-acre photovoltaic solar plant that will generate approximately 43.5 million kilowatt hours of clean energy to offset the electricity load for Apple’s 90,000-square-foot data center . The plant is being constructed on property owned by NV Energy, but the plant itself will be owned, initially, by Apple. Apple will use the solar power to offset the electricity load for its data center. NV Energy will lease, operate and maintain the facility, with a future option to purchase. Husch Blackwell’s Energy Group represented NV Energy throughout the project, from structuring the transaction to lease, development and renewable energy agreements.
• Advised Black Veatch on the formation of a three year strategic alliance with Brightergy to develop and install $100 million in commercial-scale photovoltaic solar rooftop projects.
• Serve as counsel to a developer of large-scale commercial solar energy projects throughout the United States. Our client is the North American solar energy division of a global developer of solar, wind and other renewable energy facilities.
• Retained by a regional renewable energy services company to serve as chief counsel in relation to their commercial contracting, corporate finance, and governance matters. Assisted with development of large- and small-scale solar financing methods.
• Provided real estate, tax abatement, regulatory, PPA negotiation, and representation before municipal agencies in the development of a 30 MW solar facility near Austin, Texas.

Biofuel

• Facilitated a joint venture between Benefuel Inc. of Irving, Texas and a leading independent refining, chemicals and biofuels company for the development and construction of biodiesel refineries in the U.S. that would use Benefuel’s patented ENSEL technology. The process reduces refining costs, reduces waste, and allows biodiesel to compete commercially with petroleum diesel. A Japanese corporation is among the investors in the first refinery located in Beatrice, Nebraska. Representing Benefuel in all legal matters including corporate development, securities transactions, engineering contacts and US and international project development.
• Represent a publicly traded, vertically integrated ethanol company that operates six ethanol plants capable of producing 480 million gallons per year (MGY) of ethanol and 1.5 million tons per year of distillers grains, as well as marketing an additional 360 MGY of ethanol third parties and blending/terminaling 495 MGY of fuels. Represent client in a broad range of legal matters including corporate governance, SEC reporting, operations, acquisitions, construction litigation and employee benefits.
• Represent a public ethanol issuer with a 55 MGY ethanol plant in all aspects of finance and operations, including a $42.5 million Farm Credit System credit facility (lender selection, structuring closing, ongoing amendments) and provided representation on $9 million tax-increment financing. Provided representation on all environmental permitting matters related to plant construction and operations. Advised client in connection with final settlement of claims against construction contractor related to contracts in excess of $70 million for plant construction.
• Represent a public ethanol issuer that operates a 125 MGY ethanol plant utilizing excess steam from adjacent coal-fired power generation plant with significant minority investment from international grain trading company. Represent client in all aspects of corporate governance, financing, SEC reporting, service provider contract, as well as environmental regulations regarding air and wastewater emissions, including $126 million credit facility and establishment of a $36 million subordinated term loan facility.
• Represented an ethanol producer in a $20 million equity investment by an India-based company and a total of $110 million of long-term debt financing from a European banking group. Represented client in all negotiations with project lenders, vendors, service providers, feedstock providers and ethanol and distillers grain marketers, as well as environmental regulators regarding air and wastewater emissions and water use.