Energy and Utilities

While Polsinelli’s Energy law practice is one of the leading practices of its kind in the Midwest, we have achieved a national presence by representing energy companies, utilities, developers, lenders, and investors in connection with the acquisition, development, finance, and operation of a variety of energy facilities – including oil, gas and electric generating facilities, 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 that allows them to effectively collaborate with clients to achieve their legal objectives. The team also benefits from the valuable perspective of its members who have served previously as in-house counsel and leadership of federal and state regulatory agencies. Our vast experience on real estate, environmental, construction, land use, finance, regulatory, business, tax, construction and litigation issues is an invaluable resource for meeting our clients' unique goals.

Polsinelli has the broad range of experience and depth of knowledge to help clients achieve all these legal objectives. We commonly partner with clients on matters ranging from structuring a business or organization; ensuring that energy development is compliant with industry standards and government regulations; acquiring, permitting, developing, financing, constructing and operating a facility; and protecting an investment in workout and litigation situations.

Our work with energy clients includes:

• Public Utilities – assisting regulated and non-regulated utilities with a broad spectrum of unique legal issues
• Energy Efficiency/Energy Performance Contracting – partnering with energy services companies and host facilities to achieve reductions in load, costs, and emissions
• Oil and Gas – team includes former in-house and outside counsel to a variety of oil and gas companies and regulatory agencies
• Renewable Energy – recognized as a leader in renewable energy and represents developers, owners, utilities, investors, and lenders
• Geothermal – vast experience working on both large and small scale geothermal projects
• Wind – positioned to offer services in the key wind energy regions; presently involved in projects in approximately 15 states
• Solar – providing a full range of regulatory, transactional, commercial, and litigation services to our solar energy clients
• Bioenergy – advising clients on bioenergy matters involving developing, permitting and financing projects in all facets of the bioenergy industry

• Counsel to a state Finance and Administration Department for development of a $1.1 billion P3 project involving privatization of its statewide dark fiber network, which earned the “Deal of the Year Award” for 2015 from Bond Buyer and the “Excellence in Development Finance Project Award”, a top award from the Council of Development Finance Agencies (CDFA).
• Assist major electric utility in drafting, implementation and approval of comprehensive energy plan encompassing construction of a $2 billion 850-MW base-load super critical electric generating facility, environmental upgrades to existing plant, wind resource development, demand side management programs and rate stability programs. During the implementation phase, assisted with multiple rate case(s) and various other regulatory issues.
• Represented major electric utility in analysis, planning, implementation and regulatory approvals for coal-fired electric generating facility retrofit.
• Representation of Colorado community solar project developer regarding contracting, financing, regulatory, and litigation issues.
• Served as project development counsel for unique enhanced oil recovery projects in Kansas and Louisiana, including negotiation of all construction and service contracts pertaining to the project.
• Assisted electric cooperatives with multiple rate cases and other regulatory issues, including purchase power agreements (PPAs), and construction of gas turbine generation facilities.
• Assisted major electric cooperative with addressing rights and responsibilities under Notice to Construct (NTC) received by the Southwest Power Pool (SPP), and assisted with subsequent issues related to designating rights and responsibilities under the NTC to a large electric transmission company.
• Negotiated large generator interconnection agreements with major transmission companies and RTO.
• Act as general counsel for a major U.S. wind developer, and represent it in every aspect of development, construction, sale of power (such as purchase power agreements and asset sales), construction and finance issues, and other issues involved in the construction and operation of wind farm developments.
• Oversee leasing activities for over 30 wind energy projects in 12 states in the Midwest with a potential energy generating capacity of over 10,000 MW.
• Local counsel to major international renewable energy company on tax, construction, regulatory and litigation issues associated with operation of renewable energy facilities.
• Represented a Singapore-based oil and gas exploration and production company in its investment, participation, and joint operations of producing properties and working interests in more than 60,000 acres in Colorado and North Dakota from a Norwegian oil and gas company.
• Represented a wind developer in the $265 million financing of a 165-megawatt wind project in Kansas, with total project costs in excess of $325 million.
• Represented solar developer in connection with drafting model solar services agreement and easement for use in Colorado solar projects.
• Represented lenders in the $350 million financing of a 201-megawatt wind project in Kansas, with total project costs in excess of $425 million.
• Represented a major electric cooperative with development and regulatory approvals of state of the art energy efficiency programs.
• Lead Illinois project development counsel for the construction of two multi-state EHV electric transmission lines.
• Acquisition of rural natural gas gathering and distribution facilities from bankruptcy and formation of a non-profit utility for major agricultural users in Western Kansas.
• Assisted electric cooperatives with multiple rate cases and other regulatory issues, including purchase power agreements and construction of natural gas generation facilities.
• Represented major investor owned utility with solar development initiatives, including regulatory and legislative issues.
• 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.