Brian J. Nese

Brian J. Nese
Partner
San Diego, CA
Overview

About Brian

Brian Nese co-leads the firm’s energy team and is a partner in the Energy Development group and the Renewable and Thermal Energy Initiatives. Brian focuses his practice on representing renewable energy project developers, owners and operators, in drafting and negotiating various project documents, including engineering, procurement and construction agreements, operation and maintenance agreements, balance of plant agreements, supply agreements, and real property agreements. Brian also assists project developers with mergers and acquisitions, financings and related due diligence.

Prior to joining Stoel Rives LLP, Brian was an associate at Stroock & Stroock & Lavan LLP, in Los Angeles, California, where he represented clients in a variety of matters, including dispute resolution, litigation, regulatory and enforcement proceedings.

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Experience

Experience

  • Represented sPower in a tax equity investment and syndicated construction and term loan facility totaling $786 million. The debt facility, raised by a syndicate of lenders led by KeyBanc Capital Markets Inc., will finance a portfolio of nine solar projects in Lancaster, California, with a total nameplate capacity of 339.4 MW.
  • Assisted solar project developer with sale of multiple portfolios of small utility scale solar projects (CREST) and negotiation of related EPC agreements, module and inverter supply agreements, and O&M agreements.
  • Assisted solar project developer with development and sale of two 20 MW utility scale solar projects (RAM), including permitting, labor negotiation, request for proposal for EPC services and EPC agreement, and membership interest purchase and sale agreement.
  • Assisted equity investor with acquisition of multiple solar development companies, including related project development pipelines and operating assets in California, Indiana, New Jersey, Arizona and Hawaii.
  • Assisted PV module manufacturer with negotiating and drafting of EPC agreements, O&M agreements, PV module supply agreements and membership interest purchase and sale agreements for projects in Puerto Rico, California, Georgia and Missouri.
  • Assisted solar project developer with negotiating and drafting of project documents for 250 MW solar photovoltaic facility, including EPC agreement valued over $1 billion and other related agreements; assisted with project development efforts and obtaining Department of Energy Loan Guaranty under Section 1705 of the Energy Policy Act.
  • Assisted solar project developer with negotiating and drafting of site rights agreements for solar project to be located at a mining operation in Chile.
  • Assisted solar project developer with structuring, negotiating and contracting for 9 MW rooftop solar photovoltaic project, which, when constructed, will be the largest rooftop system in the United States. Key project documents included EPC, O&M, Performance Guaranty, and Solar Renewable Energy Credit Purchase and Sale agreements.
  • Assist solar project developer obtain conditional use permit for 90 MW solar photovoltaic project in Los Angeles County based on a mitigated negative declaration.
  • Represented independent power producer in heavily contested licensing proceeding for thermal power plant before the California Energy Commission.
  • Represented wind project operator in litigation with project owner over operations and maintenance contracts, obtaining jury verdict in client's favor after month-long trial in Orange County.
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Honors

Honors & Activities

Professional Honors & Activities

  • CleanTECH San Diego
  • Women of Wind Energy, San Diego Chapter
  • California Wind Energy Association
  • Energy Bar Association
  • San Diego County Bar Association
  • Selected as one of "America's Leading Lawyers for Business" (Nationwide) by Chambers USA (currently: Projects: Renewables & Alternative Energy), 2017
  • Listed among Rising Stars (Energy & Natural Resources), San Diego Super Lawyers®, 2015-2017

Civic Activities

  • Mentor, University of Southern California Law Center
  • PKD Foundation, Member
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Insights & Presentations

Insights & Presentations

  • Frequent contributor to Stoel Rives' Renewable + Law® blog
  • “What If Federal Support for Solar Disappears?” (coauthor), Solar Industry, April 2017
  • “California Market Outlook” (moderator), Solar Power Finance & Investment Summit, March 2017
  • Renewable Portfolio Standards: Changing the Industry” (coauthor), Public Utilities Fortnightly, January 2017
  • A Blockbuster Year for Net Energy Metering Policy” (coauthor), Law360, Dec. 14, 2016
  • “Plans & Prospects for Small-Scale Solar (+Storage?)” (moderator), Distributed Solar Summit, November 2016
  • “M&A Activity in 2016” (panelist), CohnReznick Renewable Energy Summit, June 2016
  • “Drafting and Negotiating Solar Project Agreements: What Really Matters?” (speaker), SolarWorld Installer Summit, June 2016
  • "The Future of California's Renewable Energy Market" (coauthor), Law360, Dec. 22, 2015
  • “Benefits/Barriers to Renewable Energy” (speaker), Chapman University Law School Renewable Energy Symposium, October 2015
  • “The Regulatory Framework for Distributed Generation” (moderator), Distributed Solar Summit West, November 2014
  • One in a Million,” pv magazine, Nov. 2014
  • New Calif. Rooftop Regime Seeks to Streamline Solar,” Law360, Sept. 30, 2014
  • “Successful Sustainable Systems: Overview of Solar Power Purchase Agreements” (panelist and presenter), CleanTECH San Diego, San Diego, California, Oct. 2013
  • “Financing Solar Projects,” (panelist and presenter), Schletter Residential & Commercial Installer Workshop, San Diego, California, Oct. 2013
  • “Renewable Energy Finance Summit” (chairman and moderator), Chilean International Renewable Energy Conference, Santiago, Chile, Sept. 2013
  • “2013 Outlook for U.S. Solar Market” (panelist and presenter), SNEC PV Power Expo 2013, Shanghai, China, May 2013
  • “Post-Election - What’s in Store for Solar Federal Policy” (panelist and presenter), Solar Power Gen 2013, San Diego, California, Feb. 2013
  • “Taking Microgrid Demonstration to Full-Scale Deployment…What Will It Take to Be Successful?” (moderator), Infocast Military & Commercial Microgrid Summit 2012, San Diego, California, Nov. 2012
  •  “EPC Agreements” Chapter, The Law of Biorefineries and Advanced Biofuels, Stoel Rives LLP, 2012 Edition
  • “Solar Energy System Design, Engineering, Construction, and Installation Agreements” Chapter, Lex Helius: The Law of Solar Energy, Stoel Rives LLP, 2011 Edition
  • “Power Purchase Agreements: Distributed Generation Projects” Chapter, Lex Helius: The Law of Solar Energy, Stoel Rives LLP, 2011 Edition



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