Practices

Energy Transactions

Kaplan Kirsch & Rockwell advises clients on energy asset transactions, including the development, acquisition, and divestiture of community and utility-scale solar, wind, biomass, renewable gas, natural gas, hydroelectric, and storage facilities.  We assist clients throughout each stage and aspect of project development, from responding to requests for proposals (RFPs) and other solicitations to securing site control, environmental, and land use approvals, to negotiating power purchase; energy service; interconnection; transmission; engineering, procurement, and construction (EPC); operation and maintenance (O&M); and other key project agreements.  We also have deep experience in coordinating with mineral owners, negotiating surface use agreements, and arranging natural gas supply and transportation.

Kaplan Kirsch & Rockwell also represents clients in the acquisition and divestiture of energy assets and project portfolios across the technology spectrum.  We often counsel clients with legal due diligence, bid structuring, project structuring, asset purchase agreements, stock purchase agreements, and interconnection agreements.  Our team also has particular expertise in the transactional and regulatory complexities of redeveloping power facility sites for new projects.

Representative Experience

  • Representing independent power producer in sale of generating asset to electric utility.
  • Representing GRID Alternatives Colorado—a nonprofit organization promoting equitable access to solar and energy storage—in negotiating community solar and other project agreements.
  • Regularly representing landowners in Colorado and other states on matters regarding property leases for utility-scale solar development.
  • Represented landfill property owners in development of solar project on landfill site.
  • Represented independent power producers and brownfields developers in proposals to acquire electric generation assets on brownfields sites targeted for redevelopment for both power generation and non-power development.
  • Assisted solar company in acquiring several community solar projects in Colorado and reviewed regulatory and other matters related to the development of such projects.
  • Advised project owner with agreements for thermal energy and water associated with cogeneration plants.
  • Assisted in the acquisition of a solar project in southern Colorado by conducting permitting, real estate, and regulatory due diligence.