Practices

Project Development

Kaplan Kirsch & Rockwell represents clients in the development of natural gas-fired facilities, large-scale wind farms, solar photovoltaic (PV) projects, concentrated solar projects (CSP), biomass facilities, hydroelectric facilities, and energy storage facilities.  We assist clients throughout each stage of development, including:

  • Request for Proposal (RFP) analysis
  • Introductory Memorandum of Understandings (MOUs), Letters of Intent (LOIs), and Non-Disclosure Agreements (NDAs)
  • Project structuring, including preliminary tax analysis
  • Power purchase agreements (PPAs), energy service agreements, and energy storage agreements
  • Lease agreements
  • Surface use agreements
  • Engineering, procurement, and construction (EPC) agreements
  • Operation and maintenance (O&M) agreements
  • Transmission agreements
  • Interconnection agreements
  • Natural Gas Supply agreements
  • Natural Gas Transportation agreements with interstate pipelines and local distribution companies

Our attorneys have led efforts to secure state licensing for utility-scale electric generation facilities.  We work with clients to find creative solutions regarding the sale of electric power from wind farms, including negotiating hedging arrangements.  We have also represented local governments in evaluating legal questions associated with Bureau of Land Management (BLM) rights-of-way, environmental clearance, and other approvals associated with natural gas, wind, and solar project development.

Redevelopment of Electric Generation Facility Sites

We have represented independent power producers and brownfield developers in proposals to acquire electric generation assets on brownfield sites targeted for redevelopment for both electric power generation and non-power development.