New and existing power projects are subject to significant regulation regarding facility siting, environmental, and land use requirements. Pierce Atwood attorneys have more than 40 years of experience in permitting power projects under state and federal air, water, natural resource, wetland, land use, and hazardous waste statutes. Our project partners work closely with our environmental, land use, real estate, zoning and construction partners to ensure that the firm is able to guide its clients from project conception to delivery and beyond. 

Environmental Permits & Land Use

Successful completion of a project requires understanding the environmental laws and regulations and the political influences that affect how a project proceeds through the permitting and siting process. We provide guidance at every stage in the process from site assembly/acquisition and initial planning through permitting, construction, and operation. Our attorneys work with clients to obtain the full range of governmental approvals for a project, including local, state, and federal permits, permitting compliance, license renewals and modifications; federal and state-level clean air, clean water, wetlands, tidelands, environmental notification and site contamination requirements; as well as local zoning, subdivision, and site plan approvals.  In some cases, we work with clients to amend the applicable law or local ordinances so their projects may proceed. When a project's useful life comes to an end, we also assist with license surrender and decommissioning.

We assist clients in the acquisition, creation, and sale of greenhouse gas allowances/carbon credits. Our lawyers also work with private property owners and public entities on a wide range of eminent domain matters, including negotiating air, water, and land rights, as well as representation in related litigation.

For example, we have experience helping owners of hydropower projects address fish passage and endangered species issues, achieve desired results in complex stakeholder negotiations as part of FERC licensing, and obtain state water quality certifications. We have also assisted in permitting all aspects of biomass electrical generation, biomass-fired co-generation at industrial facilities, and landfill gas-to-energy facilities.

Siting Boards/Public Utility Commission Review

New generation and transmission projects are subject to state siting board or public utilities commission review, and Pierce Atwood lawyers have represented clients before permit-granting authorities in states and municipalities throughout the country. We have secured favorable approvals for a wide range of generation and transmission projects. Pierce Atwood successfully employs efficient, cost-effective strategies to secure permits on a timely and often expedited schedule. These proceedings have occasionally involved necessary eminent domain condemnations or exemptions from zoning or other state and local permits.

Contracting & Construction

Pierce Atwood’s construction lawyers help clients achieve successful outcomes in the construction of power generation projects and transmission infrastructure. Our attorneys represent developers through all phases of their projects – from pre-construction planning, financing, and the development of an appropriate project delivery system through final payment and operation. Our attorneys assist our clients to implement and administer all types of construction contracts, including engineering, procurement and construction (EPC) contracts, and work closely with them to manage project risk, ensure sufficient credit support and performance wraps, and anticipate and prevent disputes and claims that can threaten a project’s success and the client’s relationships with other project stakeholders.

Our construction and engineering lawyers work closely across all phases of project planning, development, financing and construction with project sponsors and owners, commercial and private lenders, institutional investors, engineering, EPC contractors and sub-contractors, real estate owners, public utilities, consultants and suppliers.

Pierce Atwood’s construction practice is also well-known for its work on university and college campuses.  We have experience counseling clients on how to implement the potentially game changing Integrated Project Delivery (IPD) approach to project delivery. We help our clients navigate the regulatory scheme that governs the industry, public and private, including compliance with applicable federal, state and local public procurement laws, and with applicable professional and trade licensing and prevailing wage laws, OSHA regulations, apprenticeship requirements, and mechanics lien’ laws.

Representative Experience

The $1.5 billion Maine Power Reliability Program was the largest transmission project in Maine's history, with approximately 350 miles of new high voltage transmission line and five new substations. Pierce Atwood was instrumental in helping CMP assess the need for the project through the ISO-New England regional transmission planning process, overseeing the studies to develop the transmission solution for that need, preparing the non-transmission alternative assessment for the project, and obtaining all federal, state, and municipal environmental and land use permits for the project.

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$1.5 Billion CMP Maine Power Reliability Program

Represented biomass facilities in regulatory challenge to allocation of REC credits in Rhode Island.

Biomass Facilities in Regulatory Challenge To Allocation of RECs in Rhode Island

Pierce Atwood acted as real estate and environmental permitting counsel for Calpine Corporation in its $530 million acquisition of the 809 MW Fore River Generating Station in North Weymouth, Massachusetts from Exelon Corporation in 2014. Pierce Atwood attorneys from the Real Estate, Energy, Environmental and State and Local Tax practice groups worked seamlessly to analyze and resolve the many complex land use, tax, and environmental issues. The initial bid preparation through purchase agreement negotiation was accomplished in 15 weeks. Our work included analysis and management of complex tidelands, former coal ash disposal, dual fuel delivery requirement, and management of active MassHighway bridge relocation through the center of project site.

Calpine Acquisition of Fore River Generating Station

Firm client Calpine Corporation has acquired Granite Ridge Energy Center, a natural gas-fired, combined cycle plant in Londonderry, NH from Granite Ridge Holdings for $500 million. The plant provides about 2,000 MW of clean, flexible, and reliable energy to the region.

Calpine Acquisition of Granite Ridge Energy Center

Represented a community-based wind farm in obtaining state regulatory approval for a long-term electricity contract.

Community-Based Wind Farm State Regulatory Approval for Long-Term Electricity Contract

Represented Florida developer of nation’s largest forest biomass-powered generating plant in contracting, siting and appellate matters.

Florida Developer of Biomass-Powered Generating Plant in Contracting, Siting and Appellate Matters

Represented Florida Power and Light on real estate title, easements, entitlements, and documentation, as well as the transfer of federal, state, and local environmental and land use approvals, in connection with the acquisition of the Seabrook, New Hampshire Nuclear Power facility.

Florida Power & Light Nuclear Power Plant Acquisition

Since 2017, Pierce Atwood has represented Avangrid Networks, Inc. and its affiliates CMP and NECEC Transmission LLC on all aspects of the development of the New England Clean Energy Connect (NECEC), a $1 billion, 147-mile high-voltage direct current transmission line that will interconnect the New England transmission system with the Hydro-Quebec (HQ) transmission system at the Canadian border in western Maine. The NECEC will deliver 1,200 MW of hydropower generated by Hydro-Quebec to the New England grid around the clock for at least 40 years. As found by the Maine PUC, this project promises to reduce the cost of electricity in Maine and New England by tens of millions of dollars each year, increase the reliability of the New England electric grid, and reduce greenhouse gas emissions by 3.0-3.6 million metric tons annually (the equivalent of removing 700,000 cars from the road).

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New England Clean Energy Connect

We serve as general counsel to Ocean Renewable Power Company, LLC, a developer of tidal energy technology and projects. Our work includes successful applications for FERC and state environmental authorizations for product trials in Western Passage off the Maine coast, a program that is now implemented in Alaska and Canada.

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Ocean Renewable Power Company General Counsel

Lead real estate and permitting counsel to NYSE-listed energy company on purchase of all operating permits and development rights for 300 MW class to-be-constructed combined cycle dual fuel project, requiring delivery of new gas laterals and redeployment of excess water reservoir capacities for cooling.

Real Estate and Permitting Matters for Combined Cycle Dual Fuel Project

Represent developer, owner and operator of renewable gas facilities in all aspects of negotiating and documenting the siting, supply, off-take and financing of their renewable energy projects, which produce biogas, pipeline-grade methane and carbon sequestration credits from livestock and food industry waste streams by utilizing an advanced anaerobic digestion technology.

Renewable Gas Facilities Development of Renewable Energy Projects

Represented an owner/developer in conjunction with all aspects of a major commercial facility roof top PV installation in California, which at the time was the largest project of its type there. This work included negotiation of Cal ISO grid integration protocols, negotiation with the local utility with which the project interconnects, working with the California PUC on permits and tax credits, and advice regarding federal tax credits, together with associated commercial and financial advice.

Roof Top PV Installation at Major Commercial Facility