Energy
Marshall & Lueder offers a wealth of practical experience representing clients in power generation-related matters and providing clients with cost-effective counseling that combines both legal and commercial insight. We regularly assist developers and contractors in projects all over the world to resolve the complex issues that arise when financing, developing and operating energy projects.
We are thoroughly familiar with privatization, concession, and independent power producer structures, as well as the provisions of power purchase agreements, tolling agreements, engineering, procurement and construction contracts, operation and maintenance agreements, interconnection agreements, service and management contracts, licenses, leases and similar arrangements. Our attorneys also have significant experience developing and negotiating the complex business and legal issues raised by equipment maintenance agreements, including contractual service agreements (CSAs) and long-term parts and long-term service agreements (LTPA/LTSAs).
Green Power Transactions
Daily Report article on Marshall & Lueder attorneys dated March 2007
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Domestic Transactions
Energy Practice – Domestic
Lead counsel for client in its development of a 32 MW geothermal project including the negotiation of power purchase agreements and an engineering procurement and construction agreement.
Lead counsel for client in its development of a new 500 MW combined cycle cogeneration facility in Puerto Rico, including the negotiation of a long-term power purchase agreement.
Lead counsel for an energy company in connection with financing for acquisition of 5,000 MW of generating assets in Maryland, Virginia and Washington D.C., and financing of new operating company with assets throughout the United States.
Lead counsel for client in its $85 million divestiture of an electric generating plant in Arkansas.
Lead counsel for client in connection with the sale of steam and the leasing of certain real property and other assets to the American division of a French steam company located in Boston, MA.
Lead counsel for an investment fund’s bid to acquire limited liability company interests of company with energy assets in Oklahoma.
Counsel for a global corporation’s acquisition of wind turbine manufacturing business in the United States.
Lead counsel for an energy company in connection with divestiture of generating assets through auction process in Indiana and proposed divestiture of assets in Georgia and Florida.
Lead counsel for the owner of a paper mill in connection with the renegotiation of energy supply agreements for the mill and associated restructuring of the ownership of the mill’s steam and electricity generating assets.
Lead counsel in the formation, organization, operation and financing of a joint venture to build own and operate generating assets in Arkansas, and representation of the client in the subsequent sale of the joint venture’s assets.
Lead counsel for an energy company in connection with multiple acquisitions of major power plants in California, Louisiana, Massachusetts, Michigan, New York and Washington.
Lead counsel in representation of an energy company in connection with multiple sales of power generation equipment and related assets.
Counsel for multiple energy companies in connection with the negotiation of EPC agreements for gas and coal-fired power generation facilities to be located in the United States.
Energy Practice – International
Lead counsel for client in its development of 218 MW gas fired power capacity in Trinidad including the negotiation of a long term power purchase agreement for the new units.
Counsel for a global corporation’s acquisition of wind turbine manufacturing business in Germany, The Netherlands, Spain, Ireland, the U.K. and India.
Lead counsel for a power company located in the Bahamas in connection with financings, including a $47 million unsecured corporate credit and construction facility.
Lead counsel for a power company in Curacao in connection with $25 million in secured financing.
Counsel for a leading energy company in connection with an international consortium bid to construct, own and operate 1,000 MW power project in The Philippines.
Lead U.S. counsel for U.S. client in connection with its acquisition of a utility in Germany.
Lead counsel for U.S client in its efforts to acquire power plants in Hungary and Pakistan.
Lead counsel in an energy company’s acquisition of a controlling interest in the power company operating on Grand Bahama Island.
Engineering, Procurement and Construction Practice
Lead counsel for a major independent power producer in the bulk purchase of approximately $2 billion of combustion turbine/generators and steam turbine/generators from an original equipment manufacturer.
Lead counsel for a developer of a 32 MW geothermal project in Nevada including the negotiation of a turnkey fixed price engineering, procurement and construction contract.
Lead counsel for an independent power producer in the purchase of three complete thermal power islands valued at more than $400 million from an international original equipment manufacturer.
Lead counsel for an international joint venture in the purchase of combustion turbines for a Brazilian power project.
Lead counsel for an independent power producer in the drafting and negotiation of multiple variations of engineering, procurement and construction (EPC) agreements (turnkey, balance of plant, fixed price, cost plus) and major equipment purchase agreements.
Lead counsel for a major regulated electric utility company in the drafting and negotiation of multiple engineering, procurement and technical services agreements for wet flue gas desulphurization systems for coal-fired electric generating facilities.
Counsel for a major regulated electric utility company in the drafting and negotiation of a fly ash beneficiation agreement for a coal-fired electric generating facility.
Lead counsel for an independent power producer in the drafting and negotiation of an open book EPC agreement for a combined-cycle electricity generating facility.
Lead counsel for an independent power producer in connection with multiple agreements for purchase of heat recovery steam generators (HRSGs) from various manufacturers.
Lead counsel for an independent power producer in connection with purchase of steam turbine generator from international original equipment manufacturer.
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