Polsinelli

Energy

Polsinelli's Energy and Public Utilities law practice is one of the leading energy practices in the Midwest and has widespread 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 your 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 has the broad range of experience and depth of knowledge to help you meet your legal objectives.

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

A summary of Polsinelli's energy work includes: 

PUBLIC UTILITIES

Polsinelli 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 25 years. Click on “Notable Experience” in the left margin of this page for more information on the specific transactions.

ENERGY EFFICIENCY/ENERGY PERFORMANCE CONTRACTING

Polsinelli'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. Click here to go to the Polsinelli Shughart Energy Efficiency page.

OIL AND GAS 

The oil and gas members of our Energy group have a long history of experience in the oil and gas industry and include attorneys who have served as both in-house and outside counsel to a variety of oil and gas companies. Our oil and gas attorneys provide a full range of legal services to clients on all aspects of oil and gas matters, including fuel and power trading, mergers, acquisitions, divestitures, financings, joint operation, exploration and production, litigation and tax structuring in domestic and international conventional and unconventional oil and gas developments.  Click here to go to the Polsinelli Oil and Gas page.

RENEWABLE ENERGY

Polsinelli 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 attorneys have worked on both major and smaller scale geothermal projects in the United States and throughout the world.  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.  Click here to go the Polsinelli Geothermal Energy page.

WIND

With offices throughout the country, Polsinelli attorneys are able to offer services in the key wind energy regions.  We are currently involved in wind energy development projects in approximately 15 states.  Click here to go the Polsinelli Wind Energy page.

SOLAR

Polsinelli '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.  Click here to go to the Polsinelli Solar Energy page.

BIOENERGY

Polsinelli attorneys have advised clients on developing, permitting and financing projects in all facets of the Bioenergy industry.  

Our experience includes drafting and negotiating project documents, tax planning and optimization, utilizing grant and loan guarantee programs, and general permitting and finance considerations.  Click here to go to the Polsinelli Bioenergy page.

ENERGY EFFICIENCY/ENERGY PERFORMANCE CONTRACTING

Polsinelli'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. Click here to go to the Polsinelli Shughart Energy Efficiency page.

Notable 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
  • Representation of lenders in the financing of a portfolio of wind power assets totaling 299 MW of wind energy capacity in Kansas, with total project costs in excess of $475 million
  • Representation of a wind developer in the development, financing, construction and operation of a 300 MW wind project in Oklahoma
  • Representation of lenders in the $350 million financing of a 201 MW wind project in Kansas, with total project' costs in excess of $425 million
  • Representation of a wind developer in the development of a 300 MW wind project in Colorado
  • Representation of a wind developer in the development of multiple wind projects in Texas totaling more than 450 MW
  • Representation of lenders in the $352 million project' financing for a 150 MW wind project in Missouri
  • Representation of a wind developer in the $265 million financing of a 165 MW wind project' in Kansas, with total project costs in excess of $325
  • Representation of a wind developer in state regulatory matters related to the development, construction and operation of a 419 MW wind project in Kansas
  • Representation of a wind developer in the development, financing, construction and operation of a 200 MW wind project' in Kansas
  • Representation of a wind and solar developer with respect to obtaining approval by the Bureau of Indian Affairs for a wind and solar lease to be used on Federal reserved land in South Dakota
  • 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 a wind developer in matters involving project finance, tax, enterprise zone, permitting and legislative affairs to multiple utility scale wind projects in Illinois
  • 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
  • Representation of solar developer in the development, construction and financing of multiple photovoltaic projects with an aggregate capacity of 3.8 MW in Arizona.
  • Representation solar developer in the sale of a 1.34 MW photovoltaic system in Arizona.
  • Representation of developer regarding water and permitting issues related to a 900-acre, 150 MW photovoltaic project in Maricopa County, Arizona
  • Representation of solar developer regarding the financing, permitting and tax structuring of a 20 MW solar project in Illinois
  • 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 solar developer on 3 MW photovoltaic project as shortlisted respondent on tax advantaged proposal for a Colorado solar project
  • Representation of solar developer in the development and installation of a photovoltaic system in Ontario, Canada
  • Representation of solar developer regarding the negotiation of a long-term power-purchase agreement with a large Illinois utility
  • Representation of a medical center in the negotiation and documentation of a solar power purchase agreement for a 1.19 MW photovoltaic system in Pennsylvania
  • 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
  • Representation of lenders in the financing of a 23 million gallon per year integrated biomass to cellulosic ethanol facility in Kansas, together with a 20 MW cogeneration plant that will provide steam and electricity to the facility
  • Representation of a renewable energy project developer on all aspects of developing, permitting and financing a biomass gasification project in Georgia
  • Representation of 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
  • Representation of a 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
  • Representation of an Illinois-based biofuels producer in a project to transform a traditional enthanol plant into an advanced biorefining campus
  • Advising a biofuels producer regarding the financing and permitting of an Illinois-based biodiesel production facility
  • Advising a bioenergy company on developing a 2 MW chicken waste-to-energy biomass project in Texas, including negotiation of all project agreements and assisting with permitting and power purchase issues
  • Representation of a bioenergy company in developing a 2 MW Missouri biomass project involving on-site generation and sale of power to a large-scale chicken farm
  • 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
  • Advising ESCO on all matters relating to energy efficiency projects, including monetizing tax incentives, project financing and lease financing, and energy performance contracting.
  • Served as general counsel to start-up ESCO and advised such company on efficiency projects in Texas.
  • Advised national ESCO on energy performance contracting issues with the government of the U.S. Virgin Islands.
  • 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 municipal 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 ESCO 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.
  • Represented independent oil and gas company in a private offering to fund oil exploration and production activities in Saskatchewan, Canada
  • Represented independent oil and gas in production agreement financings
  • Represented oil and gas E&P company in acquisition of Midcontinent oil and gas assets
  • Led international negotiation for oil and gas company leading to a successful thirty-five year oil and gas production sharing agreement with the Republic of Chile for the exploration and production of natural gas
  • Represented oil and gas non-operated working interest company in Rule 506 private placement of limited partnership interests related to Texas drilling program
  • Represented oil and gas E&P company in acquisition and joint operating agreement relationship of Midcontinent coalbed methane and shale assets
  • Represented oil and gas company in buyout of working interest and joint operating agreement relationship
  • Represented oil and gas E&P company in various acquisitions and bid packages of various Midcontinent and Rocky Mountain basin assets
  • Represented oil and gas E&P company in a Rule 506 broker-dealer private placement of up to $10 million in limited partnership interests
  • Represented oil and gas company involving negotiation and execution of heavy oil drilling services project in Madagascar
  • Represented international oil and gas company on joint development agreement of Botswana oil and gas licenses
  • Represented oil and gas drilling company in its worldwide drilling and E&P operations including Canada, Africa, Australia, Asia and Central and South America
  • Represented oil and gas fund in Rule 506 private placement of tax sensitive limited partnership interests
  • Represented publicly-traded oil and gas company related to the exploration and joint development agreement for an onshore project in Israel
  • Represented oil and gas company in acquisition and Rule 506 private placement of limited partnership interests in drilling program approved for individual retirement accounts help by trust companies
  • Represents numerous clients in the negotiation and execution of joint operating agreements and relationships in oil and gas upstream deals

Newsletters & E-Alerts

May 23, 2013
As one of the final acts of the legislative session, on May 17th the Missouri legislature approved an amendment that will phase out the Missouri solar rebate between 2014 and 2020. The approved amendment was based largely upon similar legislation that was supported by the Missouri solar industry trade group, MOSEIA, as well as the Missouri public utilities.
May 2013
The Polsinelli Renewable Energy group's Renewable News Newsletter provides up-to-date information on issues facing the renewable energy industry. For more information, please contact Energy Chair Frank A. Caro at 913.234.7409, ; or Energy Vice Chair Alan Claus Anderson at 913.234.7464,
February 14, 2013
November 19, 2012
June 4, 2012
From the Polsinelli Shughart Renewable Energy group, this special edition of Renewable News is being published in connection with the American Wind Energy Association WINDPOWER 2012 Conference June 3-6. For more information, please contact Energy Chair Frank A. Caro at 913.234.7409, ; or Energy Vice Chair Alan Claus Anderson at 913.234.7464, .
April 9, 2012
The Colorado State Legislature has been very active on renewable energy issues over the last few weeks.  Three bills have been making steady progress through the House and Senate in Denver, each of which could have a noticeable effect on the state's renewable industries.
March 30, 2012
The Interior Department's U.S. Fish and Wildlife Service released guidelines designed to help wind energy project developers avoid and minimize impacts of land-based wind projects on wildlife and their habitats.
January 20, 2012
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
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
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
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.
May 17, 2011
May 12, 2011
Energy Vice Chair Alan Claus Anderson spoke at the 3rd German Energy Conference 2011 in Berlin on "Successful Market Entry in the USA - Best Practices."
April 24, 2011
Energy Vice Chair Alan Claus Anderson and Shareholder Britton Gibson spoke at the Novogradac "Financing Renewable Energy Conference" in San Francisco.
April 2011
2011
March 2011
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, .
October 2010
Energy Vice Chair Alan Claus Anderson served as Moderator during the Second Annual Energy Symposium: Expanding Business Opportunities in Energy, in Kansas City, Missouri
July 2010
May 2010
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, .
April 2010
March 2010
February 2010
Co-Authors Alan Claus Anderson and J. Britton Gibson
October 2009
Energy Vice Chair Alan Claus Anderson moderated and J. Britton Gibson served on the panel for this University of Missouri-Kansas City Continuing Legal Education event.
October 2009
Presentation by Energy Vice Chair Alan Claus Anderson to the Kansas Wind and Renewable Energy Conference.
August 2009