Energy

Overview


Wendel Rosen's energy lawyers have extensive experience in documenting all phases of electricity supply, production and distribution. We assist energy project owners with transmission and interconnection issues, financing and permitting, and the purchase and sale of environmental attributes, such as renewable energy certificates (REC's).  For our larger energy clients, we advise on California Public Utility issues.  For others, including renewable energy developers, we advise on power purchase agreements (PPA's) and assist in the development of energy projects.

Work in this sector includes the financing and the sale of interests in energy projects, including syndications.  We are also well versed on state and federal renewable energy tax credits, the secondary market for these credits, and tax equity financing.

We lead owners, contractors, engineers and suppliers through legal issues in the design and construction of renewable power plants and other energy facilities.  Documentation here includes supply, manufacturing, engineering and construction agreements and operations and maintenance (O&M) agreements, and technology transfer contracts.

Our energy group regularly assists clients in obtaining permits and approvals needed from federal, state and local government agencies for solar and wind generation facilities, transmission lines, substations and underground storage facilities.  These include air and water quality requirements, land use permits, water and geothermal rights, energy facility siting permits and public right-of-way permits.

Clients also seek our help in acquiring the real property interests (whether in fee or easements) needed for renewable energy power plants, transmission lines, substations, pipelines, underground storage tanks, wind and geothermal plants and associated facilities.
  

Petroleum Practice

Representing major national petroleum wholesalers and retailers, our energy lawyers have many years of experience with this industry, and have assisted clients in all phases of product movement and storage (pipeline and terminal agreements) and wholesale sales (from refinery to station).  Our petroleum lawyers work with the Petroleum Marketing Practices Act (PMPA) on a daily basis and are well versed in the various states' dealer franchise issues.  We assist fuel suppliers in the preparation of dealer fuel supply agreements and required franchisee disclosure documents.

The petroleum practice group is also uniquely suited to assists clients in the acquisition, sale and financing of multi-station branded and unbranded retail facilities throughout the western states. With support when needed from our Environmental group, we lead our petroleum clients on environmental and UST compliance issues.   

 

Experience
  • Assisted homeowner in resolving dispute with neighbors over construction of solar array in conjunction with complex green building home remodeling project.

  • Engaged as special income tax counsel to advise on the income tax consequences of a proposed downstream merger of a Delaware corporation engaged in the business of designing, manufacturing and installing photovoltaic solar energy systems. Representation included applying to the IRS for and obtaining a private letter ruling that the proposed transaction was not substantially equivalent to a taxable liquidation of the target company.

  • Kinder Morgan Energy Partners aviation fuel pipeline spill, February 2005, representing the Port of Oakland

  • Successfully represented one of the nation’s fastest growing solar companies in a contractor licensing claim brought by the California Attorney General’s Office.

  • Represented acquiring company in significant merger between engineering firms serving the California energy sector. This business combination involved complex regulatory compliance and logistical issues.

Attorneys
  • Cramer, Steven J.
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  • Flushman, Bruce S.
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  • Lyons, Richard A.
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