Corporate & Industrial Energy Management Solutions

Fortune 500 companies are quickly becoming leading drivers of demand for renewable energy. At the same time, favorable economics associated with renewable energy other forma of on-site generation, and a changing regulatory landscape enables corporations to control the characteristics and cost of their energy supplies.

Key Contacts

Jennifer H. Martin Partner Portland, OR
Jason Johns Partner Portland, OR
Andrew P. Moratzka Partner Minneapolis, MN
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Overview

Our team advances company energy services management, whether you’re buying energy directly, negotiating with your incumbent utility on a power purchase agreement, intervening in a utility rate case (whether on your own or as part of an industry association), investing in on-site generation and cogeneration projects, co-locating a renewable project on your property to serve your load, or purchasing green tags from a renewable project.  A complex regulatory landscape dictates your strategy and varies by state. Our experience spans multifaceted, multiparty contested administrative proceedings to specific negotiations and everything in between.

We understand that market forces may support on-site generation to offset all or a portion of your energy needs. For that scenario, we provide the full range of legal counsel needed to permit, build, purchase and operate on-site generation, from small to utility-scale generating facilities. This includes negotiations with the utility, regulatory approvals, land leasing, project financing, siting and permitting, and interconnection to the grid. We review factors such as your particular industry, load, load factor and location and advise you on the regulatory scheme applicable to your facility in order to achieve your objectives.

We recognize that corporations are quickly becoming leading drivers of demand for wind power, and solar is catching up. Thanks to more favorable economics associated with renewable energy, corporate acquisition of utility-scale renewables is soaring along with corporations’ desire to control the characteristics and cost of their energy supplies. We have the depth of experience to help your organization explore and advance these opportunities.

Our Services

  • Special contract negotiations with utilities, including associated regulatory proceedings
  • Intervention in state regulatory proceedings, such as rate cases, integrated resource plan proceedings and other contested matters
  • Advice on state regulations regarding direct access and options to purchase power through an organized market
  • Consultation on FERC rules of qualification and participation in organized markets
  • Consultation on various legislative proposals
  • Participation in stakeholder proceedings associated with FERC approvals
  • Contracting with third parties for purchase of power and natural gas
  • Project financing for greenfield renewable generation projects
  • Negotiation of EPC contracts related to constructing renewable generation on the company site
  • Negotiation and documentation of sale agreements to purchase the energy generation from the builder
  • Negotiation and documentation of O&M agreements to operate a renewable facility
  • Interconnection agreement with the utility
  • Siting and permitting related to constructing the facility
  • Negotiation of multi-state direct access agreements
  • Negotiation regarding on-site back-up storage and bidding storage into the market
  • Representation of ISOs in drafting tariff language for demand bid response rules
Matters
  • Extensive involvement in major gas and electric utility rate case proceedings on behalf of large industrial consumers, most recently the following:
    • Application of Black Hills Power, Inc., for Authority to Increase Electric Rates.
    • Application of Northern States Power Company, a Minnesota Corporation, for Authority to Increase Rates for Electric Service in Minnesota. (The first multiyear rate plan filed under Minn. Stat. § 216B.16 subd. 19).
    • Petition by Minnesota Energy Resources Corporation for Authority to Increase Natural Gas Rates in Minnesota.
    • Application of Northern States Power Company, a Minnesota Corporation, for Authority to Increase Rates for Electric Service in Minnesota.
    • Application of Black Hills Power, Inc., for Authority to Increase Its Electric Rates.
  • Participated in energy regulatory reform of the Minnesota e21 Initiative on behalf of a group of large industrial consumers
  • Numerous appearances before the Minnesota Public Utilities Commission on such matters as utility resource planning, community solar gardens, certificate of need proceedings, the Minnesota solar energy standard, rate design and renewable energy credits, including the following recent dockets:
    • In the Matter of Northern States Power Company - Minnesota’s Application for Approval of its 2016-2030 Resource Plan.
    • In the Matter of the Petition of Northern States Power Company d/b/a/ Xcel Energy for Approval of Its Proposed Community Solar Garden Program.
    • In the Matter of a Commission Inquiry into Privacy Policies of Rate Regulated Energy Utilities.
    • In the Matter of the Implementation of Solar Energy Standards Pursuant to 2013 Amendments to Minnesota Statutes, Section 216B.1619.
    • In the Matter of the Request of Minnesota Power for a Certificate of Need for the Great Northern Transmission Line Project.
    • In the Matter of the Investigation into Environmental and Socioeconomic Costs Under Minn. Stat. 216B.2422, subd.3.
    • In the Matter of Minnesota Power's Application for Approval of its 2013-2027 Resource Plan.
  • Litigated and negotiated dispute before the Minnesota Public Utilities Commission regarding application of the Minnesota Government Data Practices Act.
  • Power contract negotiations, including development of the 2015 Minnesota energy-intensive trade-exposed rate legislation, associated tariffs and underlying electric service agreements.
  • Negotiation of gas services agreements, precedent pipeline expansion agreement and electricity services agreement for a new machining factory built by a major aerospace company.
  • Negotiation of a master lease arrangement for the installation of Bloom Energy fuel cell resources on the site of a major tech company.
  • Negotiation of a shared savings and use agreement for the installation of Tesla batteries at a major industrial site.
  • Negotiation of a 200+ MW wind power purchase agreement for a major tech company, the largest wholesale deal the company has ever done.
  • Negotiation of a development agreement and long-term energy and REC services agreement for a major technology company involving a large wind farm and major utility.
  • Structuring and negotiation of a long-term renewable energy transaction under green energy tariff for a large technology company with an eastern utility.
  • Structuring and negotiation of a long-term renewable energy transaction under green energy tariff for a large solar energy company and seller of renewable energy.
  • Structuring and negotiation of a number of long-term solar power purchase agreement for a large solar company with a direct access customers in California. 
Team
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