Chad T. Marriott
Chad Marriott is an active member of the firm's Energy Development team, providing counsel to owners, investors, and developers (including independent power producers and electric utilities) on state and federal utility regulation, project development, M&A, and project finance in the renewable and thermal energy sectors. In addition to his recent work on behalf of clients related to energy procurements by the U.S. Department of Defense, Chad has experience drafting and negotiating a wide range of instruments including teaming agreements, purchase agreements, PPAs, real property documents, and joint development agreements, and has conducted due diligence for wind, solar, pumped storage and transmission projects throughout the West.
Chad presents frequently on issues related to the U.S. Department of Defense's acquisition of energy from renewable resources and the development of an offshore renewable energy industry in the United States. Chad is a former board member of the Ocean Renewable Energy Coalition ("OREC"), the national trade association for the marine and hydrokinetics industry, and has served as a vice chair for the Hydro Power Committee of the American Bar Association's Section on Environment, Energy, and Resources.
Prior to joining Stoel Rives, Chad was a consultant with Pacific Energy Ventures, LLC where he advised on siting and regulatory issues related to wave energy and tidal energy projects and contributed to the Siting Methodologies for Hydrokinetics handbook published on behalf of the U.S. Department of Energy in 2009. He also served as a legal intern for the U.S. House of Representatives Committee on Oversight and Government Reform in Washington, D.C. and as a law clerk for the U.S. Department of Justice, Environment & Natural Resources Division in Sacramento.
Mergers, Acquisitions, and Project Finance
- Represented Enel Green Power North America, Inc. in the negotiation of a portfolio equity capital contribution agreement with an investor group led by J.P. Morgan. The portfolio includes the 150 MW Origin wind farm in Oklahoma and the 200 MW Goodwell wind project in Oklahoma and Texas. The investor group committed to contribute a total of $400 million to the projects upon completion.
- Represented Enel Green Power North America, Inc. (acting through its subsidiary EGPNA Development Holdings, LLC) in the acquisition of a 25% equity interest in the 249.75 MW Buffalo Dunes wind project in Kansas from EFS Buffalo Dunes, LLC, a subsidiary of General Electric Capital Corporation.
- Represented Enel Green Power North America, Inc. in the negotiation of a cash equity investment by GE Capital subsidiary EFS Buffalo Dunes, LLC, for the acquisition of a 51% stake in the 250 MW Buffalo Dunes wind project in Kansas.
- Represented ImMODO International Corporation in the sale of a portfolio of 15 small solar photovoltaic projects in Tulare County, California totaling approximately 22 MW, to an institutional investor. The projects have power purchase agreements with Southern California Edison and Pacific Gas & Electric.
- Represented Enel Green Power North America, Inc. in the negotiation of (1) a cash equity investment by GE Capital subsidiary EFS Chisholm View, LLC, for the acquisition of a 51% stake in the 235 MW Chisholm View wind project in Oklahoma and (2) a subsequent $220 million tax equity investment in the project by an investor group led by J.P. Morgan.
- Represented Tenaska Washington Partners, L.P. in the sale of its partnership interest in the Ferndale Cogeneration Station, a 270-MW gas-fired power plant in Washington, to Puget Sound Energy.
- Represented Enel Green Power North America, Inc. in the negotiation of (1) a cash equity partnership agreement with GE Capital subsidiary EFS Prairie Rose, LLC, for the acquisition of a 51% stake in the 200 MW Prairie Rose wind project in Minnesota and (2) a subsequent $190 million tax equity investment in the project by an investor group led by J.P. Morgan.
- Coordinated due diligence review and assisted in drafting purchase agreement for the acquisition of two pumped storage hydroelectric facilities.
- Assisted with corporate restructuring of German renewable energy company's project entities in the United States.
- Represent coalition of large industrial users in ongoing 2013 Minnesota Power Integrated Resource Plan docket before the Minnesota Public Utilities Commission.
- Conducted regulatory due diligence in multiple states related to acquisition and development of major high voltage transmission project in the West.
- Analyzed and advised multiple clients on the scope of California Public Utility Commission and California Independent System Operator ("CAISO") rules regarding resource adequacy and deliverability for wind and solar resources.
- Assisted with PPA regulatory due diligence for the acquisition of multiple qualifying facilities ("QFs") in Oregon and Idaho, including analysis of the Idaho Public Utility Commission's reduction of the state's avoided cost eligibility cap.
- Regularly prepare and file QF self-certifications with the Federal Energy Regulatory Commission ("FERC") for biogas, wind, and solar facilities.
- Assisted with transmission and interconnection due diligence for the acquisition of a large wind energy facility in Nevada.
Hydroelectric and Hydrokinetic
- Represented client in dispute before the FERC involving competing preliminary permit applications for a tidal energy project site. Client was granted a preliminary permit to develop the site.
- Assisted with preparation of FERC preliminary permit application for a new small hydroelectric facility under Part I of the Federal Power Act.
- Drafted interventions and motions in various FERC hydroelectric project dockets.
- Researched issues related to new hydroelectric development, including how municipalities may qualify for a Section 1603 grant under the American Recovery and Reinvestment Act of 2009 and the surrender, refiling and sufficiency of preliminary permit applications under Part I of the Federal Power Act.
- Advised client on FERC licensing exemption process for conduit hydroelectric facilities.
- Board Member, Ocean Renewable Energy Coalition, 2010-2014
- Vice Chair, Hydro Power Committee, American Bar Association Section on Environment, Energy, and Resources, 2011
- Member, Oregon State Bar Energy & Public Utility Law Section
- Member, Oregon State Bar Environment & Natural Resources Section
- Moderator, "Small Companies' Participation in Small and Large Projects," Defense Renewable Energy & Military Microgrids Summit, Washington D.C., April 9, 2013
- Moderator, "Utilities' Perspectives on Participating in Defense Renewable Energy Acquisition and Supply," Defense Renewable Energy & Military Microgrids Summit, Washington D.C., Nov. 29, 2012
- Moderator, "Advances in Hydropower, Tidal and Wave Energy," RETECH, Washington D.C., Oct. 18, 2012
- Moderator, "Marine Spatial Planning" and "What's Happening on the West Coast," EnergyOcean International 2012, Boston, MA, June 19, 2012
- "Recognizing the Role of Small Hydro in the West," EUCI Conference, Dec. 12-13, 2011
- "FITs and Starts: Toward an Avoided Cost Rate for Offshore Energy Projects," EnergyOcean International Conference, June 15, 2011
- Panelist, "Practicing with New Meaning: How Sustainability is Transforming the Law," 29th Annual Public Interest Environmental Law Conference, Mar. 5, 2011
- Panelist, "Wave Energy in the U.S. Today: How Technology, Academia, Regulations, and Policies are Shaping the Industry," Teleconference, American Bar Association's Renewable, Alternative, and Distributed Energy Resources Committee, Feb. 1, 2011
- "Hydropower and Hydrokinetic Projects," National Business Institute (NBI) seminar, Dec. 1, 2010
- "Coastal and Marine Spatial Planning (CMSP 101)," EnergyOcean Pacific 2010 & Ocean Renewable Energy Conference V, Sept. 29, 2010
- "Permitting and Planning Challenges for Renewable Projects- New Hydro Technologies," Oregon Law Institute Green Business Law conference, June 11, 2010
- Volunteer Attorney, Legal Aid Society of Oregon
- Vice Chair, Board of Directors, Camp Fire Columbia, Portland, OR
- "Key Regulatory Programs for Advanced Biofuels: Federal Fuel and Fuel Additive Registration and California's Low Carbon Fuel Standard" Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
- Regular contributor to the Stoel Rives Renewable Energy & Climate Policy Law Blog
- "Environmental Attributes" and "Siting and Permitting Marine and Hydrokinetic Energy Projects," The Law of Marine and Hydrokinetic Energy: A Guide to Business and Legal Issues, Stoel Rives LLP, Vol 4, 2011 (formerly The Law of Ocean and Tidal Energy.)
- "Tradable Renewable Energy Credits in California: The Struggle with Implementation" (coauthor), The Electricity Journal, July 2010
- "Coastal and Marine Spatial Planning for Offshore Renewable Energy Development on the West Coast," Environmental & Land Use Law Newsletter, May 2010
- "Using Adaptive Management to Resolve Uncertainties for Wave and Tidal Energy Projects" (coauthor), Oceanography magazine, 2010
- "Conserve Your Energy: Shortcuts for Internet Research," Trends, ABA Section of Environment, Energy, and Resources Newsletter, May/June 2009
- "On warming, let's get China on board with small first step," The Register-Guard (Eugene, OR), Guest Viewpoint, Mar. 25, 2009
- "Minerals Management Service Proposes Regulations Governing Development of Wind, Wave, Current, Solar and other Alternative Energy Sources on the Outer Continental Shelf" (coauthor), Stoel Rives LLP, July 2008
- "A Four-Step Inquiry to Guide Judicial Review of Executive Privilege Disputes Between the Political Branches," Oregon Law Review, 2008
Awards and Honors
- Listed among Rising Stars (Energy & Natural Resources), Oregon Super Lawyers®, 2013
- University of Oregon School of Law, J.D., 2009
Certificate in Sustainable Business Law
Program Fellow, Environment & Natural Resources Law Center
Senior Associate Editor, Oregon Law Review
Fredric R. Merrill Award, Oregon Law Review, 2009
- Indiana University, M.S., 2005
- University of Utah, B.A., 2001
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