With over 30 attorneys in our Energy Infrastructure Project Development & Finance practice, clients seek out Pierce Atwood because we understand the commercial, regulatory, tax, real estate, land use, economic, environmental and financial issues underpinning the successful development of energy infrastructure projects. We recognize that these projects are multi-disciplinary in nature, and we draw on expertise across the firm as needed to help attain the desired solution for our clients.  We also understand the need to collaborate closely with engineers, economists, environmental experts, financial analysts and other experts are part of the broader client and project team.

Pierce Atwood acts as primary counsel to major energy project developers, shippers, commercial lenders, private equity companies, investor-owned utilities and bilateral and multilateral financial institutions involved in the development and financing of energy and other infrastructure projects. We represent our clients on all aspects of project development, from the initial, pre-development stages through financial closing. We advise clients on commercial agreements, site acquisitions, investment and tax structurings, regulatory approvals, bank borrowings, and sales and dispositions.  Our team has experience with the full array of corporate and commercial structures, and helps our clients design strategies to maximize the value of tax benefits and renewable energy credits. We structure and negotiate the full array of agreements essential to successfully financing a project, including:

  • Debt Financing
  • Private Equity
  • Joint Venture
  • Tax Equity
  • Real Estate
  • Power Purchase
  • Hedging and Risk Management
  • EPC and O&M
  • Interconnection and Transmission Services
  • Energy Storage
  • Renewable Energy Credits (RECs)
  • Siting and Permitting
  • Asset Management
  • Fuel Supply and Transportation
  • Environmental and Land Use

Fuels & Advanced Technologies

Pierce Atwood is equipped to represent projects utilizing virtually any renewable or conventional fuel or technology. With its historic roots in Maine and the pulp and paper industry, Pierce Atwood was one of the earliest firms to work in the renewables and cogeneration industries through the development of generating projects powered by wood waste and other renewable by-products.  Since that time we have advised clients on solar, on-shore and off-shore wind, energy storage, ethanol, landfill gas, geothermal, hydropower, biodiesel, biomass and advanced technology projects. Our lawyers have substantial experience in the environmental issues posed by renewable technologies and extensive knowledge of the availability of renewable energy certificates (RECS), carbon set-asides and Renewable Portfolio Standards.

We also have substantial experience working with projects utilizing conventional fuels.  We regularly work on conventional thermal generating facilities, including natural gas and biomass, as well as cogeneration and combined heating and power (CHP) systems.  Our attorneys have been instrumental in drafting many of the landmark rules governing cogeneration and CHP, and have successfully negotiated fuel supply, fuel transportation and interconnection agreements for natural gas, biomass, LNG, and other liquid products.  We also represent developers of electric transmission projects, pipelines and shippers of natural gas, crude oil and petroleum products.

Private Funds & Joint Ventures

Pierce Atwood’s lawyers provide entrepreneurial, pragmatic, and proactive advice to private funds clients.  Our experience covers fund formation, management structuring, and deal execution across a broad range of fund classes, including buyout, venture capital, hedge, real estate, energy, mezzanine, distressed, and funds of funds. We have structured complex transactions throughout the U.S. and overseas involving energy and infrastructure, as well as real estate, telecommunications, and technology development in the U.S. and overseas.

Pierce Atwood’s attorneys have extensive experience negotiating sophisticated joint venture agreements between sponsors and private equity investors for the acquisition, development, and operation of commercial real estate, energy, and other classes of properties. We have represented sponsors and investors in connection with both single-property and portfolio acquisitions, as well as programmatic joint ventures aimed at building a platform for the investor and sponsor to hold multiple properties. We have substantial experience negotiating joint ventures with some of the largest private equity firms, but also with mid- and small-cap PE investors, strategic capital partners, family office, and high net worth investors. In many cases we represent our clients on these matters for the entire lifespan of the investments involved, and assist them with issues arising in the operation, financing, exit strategy planning and transfer, or other disposition of the relevant joint venture’s assets.

State Green Banks; DOE Loan Guarantees

Pierce Atwood attorneys have worked closely with the New York and Connecticut Green Banks on a variety of loans and credit enhancements to support clean energy projects in those states. The firm has helped to arrange loan guarantees with the U.S. Department of Energy for a range of energy projects that foster and support clean energy and greenhouse gas reductions. Pierce Atwood has successfully secured bonds and grants for both start-ups and established clients.

Representative Experience

Representation of Athens Energy and its sister company, Maine Woods Pellet Company, in connection with all aspects of the financing of a $38 million biomass electricity generation facility, including $31 million of new markets tax credit financing ($31 million of State of Maine allocation and $7.5 million of federal allocation) and the syndication of renewable energy investment tax credits (ITC).

Athens Energy & Maine Woods Pellet Company Biomass Project Tax Credits

We advised Burgess Biopower on all aspects of financing the redevelopment of a shuttered paper mill into a state-of-the-art 75 MW biomass power plant located in Berlin, New Hampshire, which will burn waste biomass and sell power to the grid. The financing involved several sources of funds, including $63.5 million of new markets tax credit financing with allocation from six CDEs. The project also involved a $90 million section 1603 cash grant in lieu of an investment tax credit or production tax credits. The balance of the project was financed by $200 million of rated bonds provided by a consortium of financial institutions. We also advised with respect to EPC agreement, off-take power purchase agreement with PSNH and all project related agreements.

Burgess Biopower New Hampshire Mill Redevelopment

Represented investor in all aspects of converting a defunct paper mill into a biomass facility, including development, financing, power sale, fuel purchase, and renewable energy credits.

Converting Defunct Paper Mill into Biomass Facility

Advised a Kentucky developer of solar PV projects in connection with new market tax credit opportunities, off take agreements, financing and tax credits.

Developer of Solar PV Projects Off-Take Agreements and Financing Matters

Assisting Bright Community Capital, a subsidiary of Coastal Enterprises, Inc., with all aspects of fund formation and capital raise efforts for a tax equity fund and a sponsor equity fund, which will be used to acquire mid-size solar PV projects with a focus on those in low-income areas or benefitting low-income people.

Fund Formation & Capital Raise to Acquire Mid-Size Solar Projects

Helped devise and negotiate innovative project development loan and equity option agreements between a private equity fund and a renewable project developer to secure, fund and ultimately develop renewable projects.

Innovative Project Development Loan and Equity Option Agreements for Renewable Projects

Provide corporate and regulatory counsel to a large, Boston-based banking institution in connection with the monetization of federal and state income tax credits associated with a wide variety of energy projects.

Monetization of Federal and State Income Tax Credits Associated with Energy Projects

Represented the monetization of wood fueled electric power generating facilities in Maine and New York developed by Boralex Industries, Inc.

Monetization of Wood Fueled Electric Power Generating Facilities

Assisting Cate Street’s subsidiary Newco Energy in development and $275 million new market tax credit and Section 1603 financing of its biomass plant in Berlin, New Hampshire.

Newco Energy Development and Financing of Biomass Plant

Represented NTE Energy, a power developer and energy services provider, in strategizing, structuring, negotiating, and documenting equity investments for three natural gas-fired power plants valued at more than $1.1 billion.

NTE Energy Development of Gas-Fired Power Plants

Pierce Atwood helped guide NTE Carolinas, an affiliate of NTE Energy, in its $605 million financing deal for construction and operation of Kings Mountain Energy Center, a 475 MW natural gas-fired electricity plant in City of Kings Mountain, North Carolina.

NTE Energy Financing for North Carolina Project

Represent NTE Energy in connection to its hybrid renewable biomass power generation projects. We have assisted with all aspects of development, financing and off-take agreement negotiations for projects in Florida, Tennessee, Alabama, Louisiana, Mississippi, Virginia, New Jersey, North Carolina, South Carolina, Ohio, Indiana and Washington.

NTE Energy Hybrid Renewable Biomass Power Generation Projects

We have represented a nuclear power plant in New Hampshire on multiple property tax valuation matters, as well as on obtaining pollution control exemptions.

Nuclear Power Plant Pollution Control Exemptions & Tax Abatements

Representing Great Bay Renewables in connection with royalty investments being made in both renewable energy projects and renewable energy developers.

Royalty Investments in Renewable Energy Projects

Representation of Sunlight Capital Partners in connection with acquisition, disposition and financing of their portfolio of 200 MW of small scale solar projects located in southern California.

Sunlight Partners Development of Solar Photovoltaic Projects