Renewable and Alternative Energy

R+C's Sustainability Group advises clients in the development of renewable and alternative energy projects. Our team of experienced lawyers has counseled on a wide variety of wind, solar, hydroelectric, fuel cell cogeneration, biomass, geothermal, landfill methane gas, smart grid, battery and energy storage (including fuel cells and micro grids), and energy efficiency and demand-side management projects. Our lawyers help clients secure federal, state and local permits for various renewable energy projects, and qualify facilities to generate and sell Renewable Energy Credits (RECs). We have extensive experience in drafting equipment procurement, O&M and power sales agreements. Additionally, we assist clients with the utility interconnection process and negotiating PILOTs for renewable energy facilities sited on private and municipal sites. Our experience also includes supporting energy project developers and generators in regulatory proceedings and regulatory matters.

R+C's Sustainability Group advises utilities, power marketers, developers, equipment procurement contractors, lenders and other investors that support the development and commercial operation of community and utility scale clean energy projects. Our lawyers routinely practice before federal and state agencies and tribunals nationally and in and around New England, including the Federal Energy Regulatory Commission, U.S. Environmental Protection Agency, United States Patent and Trade Office, Connecticut Public Utilities Regulatory Authority, Massachusetts Public Utility Commission, Rhode Island Public Utility Commission, Rhode Island Energy Facility Siting Board, Massachusetts Energy Facilities Siting Council, Massachusetts Department of Public Utilities, Massachusetts Department of Energy Resources and similar agencies throughout the Northeast.

    • Experience
      • Represented an institutional lender providing a $22,000,000 construction loan to an affiliated group of borrowers to fund the construction costs associated with the design, procurement, and installation of 26MW commercial rooftop solar array projects for two Fortune 50 companies to be located on 60 commercial buildings in four states and secured by all assets of the borrowers, including their respective rights under all contracts with equipment procurement contractors (EPCs), power purchase agreements, renewable energy certificates, agreements relating to federal investment tax credits, interconnection agreements and maintenance agreements. The contemplated refinancing of this transaction involved the placement of permanent senior loan financing from an institutional lender, a tax credit equity investment (in the form of a "partnership flip" which involved the creation of special purpose entities) from an institutional investor and the associated intercreditor, interparty and other third party issues related thereto.

      • Represented client in the development of first utility-scale solar generating facility in Connecticut, including representation before the Connecticut Siting Council and the Public Utilities Regulatory Authority (PURA).

      • Represented client in the development and permitting of its on-site co-generation facility used to provide power to its existing manufacturing, research and development and office complex. Assisted with local, State and Federal permits and approvals, including municipal consultation with town officials, Connecticut Siting Council approval of the power generating units, and Federal Aviation Administration (FAA) compliance.

      • Represented client in the development of the largest utility-scale solar project in Connecticut, including representation in the regulatory proceedings to obtain a long-term contract and approval for the siting of the facility.

      • Represented client in the development of the largest fuel cell facility in the United States, including representation in the regulatory proceedings to obtain a long-term contract and approval for the siting of the facility.

      • Represented client in the development and permitting of a 30 MW on-site co-generation facility used to provide power to its existing paper products manufacturing facility. Assisted with local and State permits and approvals, including consultation with municipal officials and Connecticut Siting Council approval.

      • Represented client through permitting for modifications to its existing 25 MW on-site co-generation facility used to provide power to its manufacturing operations. Assisted with local and State permits and approvals, including consultation with municipal officials and Connecticut Siting Council approval.

      • Counsel to buyers, suppliers, developers, and financing parties in the commercial and intellectual property aspects of renewable and alternative energy technology transactions and investments in, among others, the wind, biomass and gas-to-liquids fields.

      • Represent energy projects in obtaining long-term power purchase or off-take contracts, and in the negotiation of power supply agreements for load reduction and power export.

      • Represent developers, owners and contractors in all forms of Engineering, Procurement and Construction agreements for development and construction of traditional, alternative and renewable energy projects.

      • Represented a  not-for-profit acute care teaching hospital in the negotiation of a contract for the replacement of a 1.2 MW cogeneration generator set with a 3 MW natural gas generator at the combined heat and power (CHP) plant located on the hospital campus.

      • Provided due diligence relative to environmental issues and permitting/licensing representation relative to an historic hydropower facility in Massachusetts.

      • Performed a FERC preemption analysis to assist a hydropower facility with its efforts to prevent certain regulatory requirements being imposed by the host municipality.

      • Represented New York county in all aspects, including corporate, environmental, real estate, and administrative law, of its renegotiation of a long-term agreement for the disposal of solid waste and operation of a waste-to-energy facility, with several ancillary agreements among the county, the facility operator, and the municipality in which the facility is located concerning the transfer of ownership of such facility from a county agency to the operator of the waste-to-energy facility.

      • Counsel to client in evaluating the permitting and environmental requirements for and status of a borrower's co-generation facility being constructed in Staten Island, New York.

      • Represent client in performing local permitting analysis and supervising approvals for solar development projects in Massachusetts and reviewing all documents to obtain state approval and renewable energy credits. Represent client in acquiring necessary regulatory permits/approvals for siting, construction, and installation of projects and entering into interconnection agreements, including recent 2.745 Megawatt ground-mounted solar photovoltaic installation. Also represent client in working out Payment in Lieu of Taxes (Pilot) agreements for solar assets, involving use of MA's Solar Renewable Energy Credits (SRECs) program.

      • back to top
    • Publications + Presentations
    • "Sustainable Design and Development Regulations," published in Discretionary Land Use Controls: Avoiding Invitations to Abuse of Discretion, authored by Brian W. Blaesser, Chapter 8 (2015)
      • » more info

      "Renewable Energy," published in Recent Developments in Public Utility, Communications and Transportation Industries, co-authored by Joey Lee Miranda and Alexander W. Judd (2015)
      • » more info

      "The World of Wind Development: Recent Land Use Cases and Issues," presented by Sorell E. Negro (7/22/2015)
      • » more info

      "State Policies and Energy Markets: Collaborative Efforts or Collision Course," presented by Joey Lee Miranda, moderator, held at the 22nd Annual New England Energy Conference and Exposition in Groton, Connecticut (5/13/2015)

      "Understanding Stormwater Management Regulations in New England," co-presented by Brian W. Blaesser and Gregory S. Sampson, presented the first in a series of webinars on stormwater management in New England (1/16/2014)
      • » more info

      "Green Guidance for Retailers: Avoiding FTC Claims of Unfair or Deceptive Marketing," published in Retail Law Strategist, co-authored by Kathleen M. Porter and Brian W. Blaesser (March 2013)
      • » more info

      "Retail Primer on Electric Vehicle Charging Stations: Part II," published in Retail Law Strategist, co-authored by Brian W. Blaesser and Sorell E. Negro (Fall 2012)
      • » more info
      • View article

      "Energy Project Development: Facility Siting & Due Diligence Considerations," presented by Joey Lee Miranda, presented as webinar through PGS Energy Training (8/21/2012)

      "Retail Primer on Electric Vehicle Charging Stations: Part I," published in Retail Law Strategist, co-authored by Brian W. Blaesser and Sorell E. Negro (Summer 2012)
      • » more info
      • View article

      "Sustainability Benchmarking," presented by Brian W. Blaesser, workshop at the International Council of Shopping Centers (ICSC) 2011 RetailGreen Conference, moderated by Brian W. Blaesser (11/30/2011)
      • » more info

      "Green Leasing for Retail: Landlord and Tenant Perspectives: Parts 1 and 2," published in Retail Law Strategist, co-authored by Brian W. Blaesser and Gregory S. Sampson (Summer 2011)
      • » more info
      • View article

Our Team

Members