Areas of Practice
Project development and finance transactions, acquisitions and divestitures of energy projects, power procurement and power-marketing transactions, and advice on certain federal and state energy regulatory issues
Representative Experience
Represents project developers in connection with the acquisition, development and financing of energy projects in the United States and internationally, including India, Pakistan, Australia, the Republic of Korea, Taiwan and China
Represents clients in the acquisition and divestiture of energy assets, many of which involve the purchase or sale of energy assets integrated with large-scale industrial operations, including pulp and paper mills, petrochemical facilities and aluminum smelting operations
Drafts and negotiates primary project and financing documents, including: Development Agreements, Joint Venture Agreements, Power Purchase Agreements, Energy Sales Agreements (covering electricity and/or steam), Interconnection & Transmission Agreements, Engineering, Procurement and Construction Contracts, Operation & Maintenance Agreements, Fuel Purchase, Transportation and Management Agreements (covering natural gas, LNG, coal and liquid fuels), Loan Agreements, Security Agreements and ancillary project and financing documents
Advises clients on a myriad of regulatory matters that affect energy companies and energy transactions, including issues arising under the Public Utility Regulatory Policies Act, the Federal Power Act, the Public Utility Holding Company Act and state laws that regulate the activities of public utilities and the sale and distribution of electric power at retail
Representative Transactions
Renewable Energy
Project counsel to White Creek Project LLC in connection with the development and financing of the 204.7 megawatt White Creek Wind Project located in Klickitat County, Washington.
Represented municipal utility in connection with the acquisition and development of a 120 MW wind project located in Kern County, California.
Represented the lenders as local counsel in connection with the project financing of a 300 MW wind generating project located in the States of Washington and Oregon.
Represented the underwriters as local counsel in connection with the financing of a portfolio of wind generating projects, including projects located in Oregon.
Represented developer as project counsel in connection with the development of a 28 MW landfill gas-to-energy project located in King County, Washington.
Other Projects
Represented a state university in connection with the proposed development of a cogeneration facility designed to serve the steam and power needs of the University’s campus and provide additional capacity for wholesale power sales by a third party owner of the project.
Represented Dabhol Power Company in the development and $1.8 billion financing of Phase II of its 2,400 megawatt natural-gas fired project located in the State of Maharashtra, India. Located south of Mumbai on India’s west coast, the project included the construction of dedicated LNG reception, storage and regasification facilities, together with the construction of an LNG tanker and associated marine facilities.
Represented the developer in connection with the development of an 820 MW fuel oil-fired power project to be located in Punjab Province, Pakistan.
Represented the developer in connection with the proposed development of a coal-gasification project in Nanjing, China in connection with the contemporaneous development of a petrochemical complex.
Represented an Indonesian natural resources company in connection with the proposed purchase of a coal mine and related facilities in Indonesia, which included a long-term sale of coal to China.
Acquisitions/Divestitures
Represented seller in connection with the sale of a tenancy in common interest in a gas-fired generation facility located in Washington State.
Represented acquiror in connection with (i) the acquisition of certain electric and steam generation assets serving a petrochemical facility located in Daesan, Korea and (ii) the long-term electric and steam supply and related product and service arrangements between the acquiror and the seller.
Represented pulp and paper company in connection with the sale of an energy complex at its integrated pulp and paper mill to an independent power producer, including the agreements for purchase of steam and electricity for the pulp and paper mills.
Represented independent power producer in connection with its acquisition of, and the term loan financing of, a joint venture interest in a 1,680 megawatt coal-fired power project located in Gladstone, Queensland, Aus¬tralia.
Represented subsidiary of a major oil company in the sale of the development rights and certain related assets of a 750 MW power project located in the United Kingdom.
Prior Experience
Partner, Preston Gates Ellis, Seattle, WA
Associate, Skadden, Arps, Slate, Meagher & Flom, New York City, Washington, D.C. and Tokyo
Publications and Presentations
Speaker, “Power Generation Project Development”, International Energy Law, Contracts and Negotiations, Rocky Mountain Mineral Law Foundation and Association of International Petroleum Negotiators, October 5, 2006, Houston Texas
Speaker, “Deal-Making Along the LNG Supply Chain”, LNG Development in the Pacific Northwest, Law Seminars International, May 4, 2006, Seattle, Washington
Speaker, “Deal-Making Along the LNG Supply Chain”, LNG Development Along the Pacific Coast, Law Seminars International, March 21, 2005, Seattle, Washington
Speaker, “Project Finance: Creating a Financeable Project”, Water Resources Symposium 2003, June 2, 2003, Las Vegas, Nevada
Speaker, “Power Project Development”, Public Construction Superconference, December 13, 2001, San Francisco, California
Memberships and Activities
Washington State Bar Association
New York State Bar Association
District of Columbia Bar
American Wind Energy Association
Education
J.D., College of William and Mary, Williamsburg, VA, 1988
- Order of the Coif
- Editorial Board, William and Mary Law Review
B.A., Political Science and Economics, American University, Washington, D.C., 1985