Practice Contact

Frank A. Caro, Jr.
Practice Area Chair
T. 913.234.7409
Alan Claus Anderson
Practice Area Vice Chair
T. 913.234.7464

Related Practice Areas

Energy

Polsinelli Shughart’s Energy and Public Utilities practice group is one of the leading energy practices in the Midwest and has wide-spread national experience representing energy companies, developers, lenders and investors in connection with the acquisition, development, finance and operation of a variety of energy facilities – including oil, gas and electric facilities and wind, solar, geothermal, biomass and biofuel renewable energy projects.

Our Energy group includes attorneys with a broad range of interdisciplinary experience and depth of knowledge to help you meet your legal objectives. Our vast experience in real estate, environmental, construction, land use, finance, regulatory, business, and litigation issues is an invaluable resource for meeting our client’s objectives.

Whether you need legal counsel to structure your business or organization, to make sure that our energy development is compliant with industry standards and government regulations, to acquire, permit, develop, finance, construct and operate your facility, or to protect your investment in workout and litigation situations, Polsinelli Shughart has the broad range of experience and depth of knowledge to help you meet your legal objectives.

For a preview of Polsinelli Shughart's approach to energy development projects, click here.

Public Utilities

Polsinelli Shughart PC is fully equipped to assist regulated and non-regulated utilities with a broad spectrum of their unique legal issues. Our attorneys have advised clients on state and federal regulatory issues before the Kansas Corporation Commission, Missouri Public Service Commission, and the Federal Energy Regulatory Commission, including regulatory compliance, transmission interconnections, certification proceedings, general proceedings, general ratemaking, mergers and acquisitions, rate tariff applications and rulemaking proceedings.

Energy Group Chair Frank A. Caro, Jr., previously served as General Counsel for the Kansas Corporation Commission (KCC) and has represented numerous clients in nearly every major telecommunications, electric and natural gas proceeding in Kansas and in numerous Missouri proceedings in the past 20 years. Click on “Notable Experience” in the left margin of this page for more information on the specific transactions.

Renewable Energy

Polsinelli Shughart is a recognized leader in renewable energy. We represent developers, owners, utilities, investors and lenders in connection with every stage of a renewable project’s development. Drawing on our established presence and historical experience in the energy industry, our lawyers have broad experience in all aspects of the development, financing, operation, and purchase and sale of renewable energy assets, including experience in the wind, solar, biomass, geothermal, biofuels and other renewable energy sectors. For a geographic look at the firm’s renewable energy work in North America, please click here.

Geothermal

Polsinelli Shughart attorneys have worked on many of the major and small geothermal projects in the United States and throughout the world. This work includes projects in Nevada, Utah, Oregon, California and New Mexico, as well as Iceland, Indonesia, the Caribbean and Central America. This work has included permitting, land leases (federal and fee), power purchase agreements, drilling equipment acquisitions, contracting, plant design and engineering, right of way and interconnection agreements, debt finance, private equity and securities transactions.

Wind

With offices throughout the country, Polsinelli Shughart attorneys are able to offer services in the key wind energy regions. We are currently involved in wind energy development projects in California, Texas, Oklahoma, Kansas, Colorado, Iowa, Nebraska, Arkansas, Indiana, Ohio, Illinois, Michigan and Missouri. Our attorneys’ vast experience in real estate, environmental, construction, land use, zoning, finance, regulatory, general business and litigation is an invaluable resources for meeting our clients’ objectives. For more information about Polsinelli Shughart’s wind energy experience, please click here.

Solar

Polsinelli Shughart’s Solar Energy team provides a full range of regulatory, transactional, commercial and litigation services to its solar energy clients. Our project experience includes both utility-scale solar projects and on-site distributed generation projects. We have represented developers, operators, investors, manufacturing companies and large energy consumers in facility and project development, engineering, procurement and construction, financing, power purchase agreements, monetizing renewable energy credits, and maximizing alternative energy grants and tax credits. For more information about Polsinelli Shughart’s solar energy experience, please click here.

Biomass/Biofuels/Bioenergy

Polsinelli Shughart attorneys have advised clients on developing, permitting and financing projects in the following industries:

Biomass combustion
Gasification and pyrolysis
Waste-to-energy
Biodiesel
Ethanol
Landfill gas
Anaerobic digestion

Our experience includes drafting and negotiating project documents, tax planning and optimization, utilizing grant and loan guarantee programs, and general permitting and finance considerations. For more information about Polsinelli Shughart's bioenergy experience, please click here.

Energy Efficiency/Energy Performance Contracting

Polsinelli Shughart’s Energy Team has worked with both energy services companies (“ESCOs”) and host facilities to contract for energy efficiency retrofits to achieve reductions in energy load, utility costs and greenhouse gas emissions. We have worked on projects in all major building sectors, such as commercial, residential, retail, university, hospital and municipal.

Notable Experience

Representative Public Utilities Experience:

Development of strategic business plans for regulated utilities in a continually changing regulatory environment
Mergers/acquisitions and strategic alliances in the energy and public utility industries
Right-of-way and condemnation proceedings
Franchise drafting and negotiation
Monitoring and pro-active involvement in the development, implementation and structuring of regulatory and legislative changes at the state and federal level for utility and energy industry clients
Representation of various interstate and local gas companies in natural gas pipeline expansion projects, in all facets of regulatory, land use, condemnation and construction issues
Development and negotiation of purchased power agreements
Development of electric power projects such as base, intermediate or peaking capacity for utilities and for Independent Power Producers (IPP), and exempt wholesale generators (EWG)
Representation before state public utility regulatory bodies for electric and natural gas service providers; IPP’s and renewable energy developers
Evaluate transmission issues and negotiate and draft interconnection agreements with Regional Transmission Organization (RTO) and transmission owners
Federal Energy Regulatory Commission (FERC) proceedings
All aspects of state regulatory proceedings and rate and tariff filings through our Missouri and Kansas offices
Advise various industrial and commercial clients of industry changes regarding the purchasing of telecommunications, electric and natural gas services
All business, finance and regulatory aspects of oil and natural gas production and development

Representative Wind Energy Experience:

Representation of multiple renewable energy clients in the development of over 35 wind energy projects across the country, including all real estate, land use, zoning and regulatory requirements, leasing and power purchase agreements associated with the projects. Once completed, these projects will generate nearly 10,000 MW of renewable energy
Served as lead counsel in the development and construction of one of the largest wind farms in Kansas. The total project size was approximately 250 MW. Polsinelli Shughart negotiated leasehold arrangements with more than 100 landowners that encompass nearly 30,000 acres in Lincoln and Ellsworth Counties, Kansas
Representation of lenders in the $352 million project financing for a 150 MW wind project in Missouri. The deal was one of the first transactions under which the investment tax credit grant proceeds under the American Recovery and Reinvestment Act of 2009 were financed
Representation of a tax equity investor in $165 million acquisition and financing of 60 MW wind project in Nebraska
Representation of wind energy developer in the $240 million acquisition of 100 MW wind project in Kansas and developer’s negotiation of power purchase agreement with related utility
Representation of lender in its participation in a $170 million pre-construction bridge loan facility to fund the payment obligations under the project’s Turbine Supply Agreement for a 150 MW wind project to be built in California
Provide government affairs counsel to multiple renewable energy companies in various states including in Missouri for the Wind Coalition, an association of more than two dozen companies and public interest groups dedicated to the development of the country’s wind energy resources

Representative Solar Energy Experience:

Serve as outside general counsel and lead project and finance counsel to a developer of large-scale commercial solar energy projects throughout the United States. Our client is the North American subsidiary of a global solar developer with more than 2,500 installations worldwide
Representation of multiple European based renewable energy companies on their entry into the United States market
Representation of solar developer in the first third-party power purchase agreement solar development in Missouri
Representation of solar developer on 3 MW photovoltaic project as shortlisted respondent on tax advantaged proposal for a Colorado project
Advised largest mall owner REIT on third-party power purchase agreement proposals for California solar projects
Representation of developer in connection with the $120 million development of solar panel production facility in New Mexico
Representation of equity investors and developers of low-income housing tax credit projects which develop solar facilities as part of the projects
Representation of a developer in the financing and installation of solar energy projects for school districts in Arizona
Representation of a developer of a solar-powered aquatic center in Wisconsin
Representation of international company developing rooftop parabolic water heating facilities for federal prisons
Representation of a national bank in Arizona financing of rooftop solar projects
Advised major solar PV project developer on large solar farm project in North Carolina
Advised major hotel chain on contracting with a solar power project developer to install photovoltaic panels on its headquarters building and purchase power therefrom
Advised solar energy project developer on (1) contracting with lessor, power purchaser, tax investor, and (2) on financing project

Representative Biomass/Biofuels/Bioenergy Experience

Advising renewable energy project developer on all aspects of developing, permitting and financing a biomass gasification project in Georgia
Advising a biomass project developer developing, permitting and financing a portfolio of biomass gasification projects in North Carolina using pyrolysis to convert poultry litter and woody biomass into electricity
Advising national bank on project finance, risk and project contract considerations for a cellulosic ethanol project in North Carolina
Advising renewable energy project developer on all aspects of developing, permitting and financing a clean, state-of-the-art waste-to-energy facility in New York
Advising biodiesel project developer on all aspects of developing, permitting, and financing an advanced biodiesel project in North Carolina that is gasifying woody biomass and liquefying and refining the synthesis gas into ASTM D-975 Certified #2 diesel
Advising biomass gasification consultant on various distributorship, licensing, teaming, financing, and development transactions
Advised renewable energy project developer with regard to transactional documents for developing a landfill gas-to-energy project in South Carolina
Advised a landfill gas-to-energy developer on negotiating off take agreements and obtaining equity financing for a portfolio of landfill gasification projects on the East Coast
Advised a biogas production company on (1) contracting with dairy farmers to install on-site digesters to accept and convert cow manure to methane for delivery to natural gas utilities and (2) on obtaining financing for same. Assisted with negotiating joint venture on company’s behalf for supply of and financing for solid waste gasification technology for farms. Helped negotiate and close municipal bond-finance transaction with two dairy farms with pipeline-quality methane supplies going to local utility
Advised energy consultant on contracting with municipal landfill gas producers to supply electricity to a California hospital and school and on issues relating to the financing for the same

Representative Energy Efficiency and Energy Performance Contracting Matters

Served as general counsel to start-up energy services company and advised such company on efficiency projects in Texas
Served as outside general counsel to start-up energy services company in Florida and advised such company on efficiency projects in New York, the Bahamas, and Florida
Advised energy technology company on rollout of emissions control technologies in the Bahamas
Advised hospital in North Carolina on energy performance contracting and financing for same
Advised national real estate management company on strategies to reduce their energy costs and consumption
Advised national grocery store chain on contracting with an energy services company to lease and install cogeneration units in its stores and to arrange for the operation and maintenance of such units
Advised a cooperative apartment building on contracting with energy consultants to purchase on-site cogeneration facilities
Advised a condominium apartment building on contracting with a neighboring condominium building to sell steam to such neighbor
Advised a state university on wholesale and retail strategies for maximizing the pecuniary benefits of on-site cogeneration

News

September 27, 2011	Polsinelli Shughart Expands National Energy Practice
August 30, 2011	Polsinelli Shughart Expands National Energy Practice in Chicago
February 25, 2011	Polsinelli Shughart Expands Energy Focus
September 21, 2010	Colorado Governor Bill Ritter Names Polsinelli Shughart Attorney Ronald Rossi to Venture Capital Investment Roundtable

Newsletters & E-Alerts

January 20, 2012	Wind Developer To Obtain First Permitted "Take" Under the Bald and Golden Eagle Protection Act Wind developers in areas used by bald or golden eagles may now be able to get some insight into conservation measures and commitments likely necessary to obtain a "take permit" under the Bald and Golden Eagle Protection Act.
November 29, 2011	Renewable News From the Polsinelli Shughart Renewable Energy group, this special edition of Renewable News is being published in connection with the Solarpraxis Conference -- PV Power Plants, November 30 - December 1. For more infomation, please contact Energy Chair Frank A. Caro at 913.234.7409, ; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, .
October 3, 2011	Renewable News From the Polsinelli Shughart Energy group, this special edition of Renewable News is being published in connection with the Kansas Energy Conference 2011. For more infomation, please contact Energy Chair Frank A. Caro at 913.234.7409, ; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, .
July 14, 2011	Kansas Wind and Solar Developers Subject to New Requirements Wind and solar developers in the state of Kansas are subject to a number of new requirements, the most notable of which relate to the sale, lease or easement of property related to solar or wind energy projects.
March 2011	Renewable News From the Poslinelli Shughart Energy group, this newsletter is a source of general information concerning the energy industry. For more information, please contact Frank A Caro at 913.234.7409, ; or Alan Claus Anderson at 913.234.7464, .
May 2010	Renewable News From the Polsinelli Shughart Energy and Public Utilities group, this newsletter is a source of general information concerning the energy industry. For more information, please contact Frank A. Caro at 913.234.7409, ; or Alan Claus Anderson at 913.234.7464, .