Practice Areas & Industries: Holland & Hart LLP

Practice/Industry Group Overview

Electric Generation

As governments and companies strive to meet growing international demand for electricity, integrated and seamless legal support is critical.  The private sector's increased involvement in facilities development and ownership coupled with the public sector's continuing need for those facilities necessitates cost-effective, creative, and timely advice in all phases of electric generation projects.

Our attorneys have represented clients in developing, financing, and licensing gas-fired, coal-fired, waste-to-energy, hydropower and wind power projects.  We can take a client from conception, through feasibility, planning, financing and construction, to licensing, operation, maintenance and transfer of ownership.  Our capabilities also include the expansion of existing facilities and systems, and the due diligence, documentation and negotiation of many aspects of project acquisition and divestiture.

We have represented electric generation developers and projects in Argentina, Brazil, Chile, China, Columbia, Ecuador, Egypt, El Salvador, Guatemala, Laos, Mexico, Nigeria, Peru, Syrian Arab Republic, Thailand, Venezuela and throughout the United States.

Electric Transmission

Few projects compare in scope, complexity, and challenge to the construction of a major electric transmission facility.  With millions or even billions of dollars at stake, a transmission project developer cannot afford anything less than first rate legal representation.  Holland & Hart has the experience, depth, and expertise to handle the variety of obstacles that stand between an innovative concept and a successful electric transmission project.

Holland & Hart has been a leader in electric transmission issues for years.  Our lawyers have participated in region-wide transmission initiatives (such as the Rocky Mountain Area Transmission Study (RMATS)) and state and federal regulatory proceedings.  Wyoming Governor Freudenthal recognized our expertise when he appointed a Holland & Hart attorney to serve on the Board of the Wyoming Infrastructure Authority.

Our attorneys can take a client from conception, through feasibility, planning, financing and construction, to licensing, operation, maintenance and transfer of ownership.  We have experience handling the public aspects of a project including government relations and regulatory compliance.  Further, we also have a leading group of public lands and environmental lawyers with particular expertise in siting of linear facilities, environmental compliance, NEPA and related environmental reviews, and endangered species issues.

Services Available

Electric Generation

Contracts

• Entity formation
• Development
• Acquisition
• Operations and maintenance
•  Engineering, procurement and construction
• Enterprise management
•  Fuel procurement and supply
•  Power sale
• Interconnection

Finance

• Project finance
• Equity issuance
• Debt placement
• Multilateral and bilateral agency financing

Taxation and Valuation

• International
• Federal
• State
• Local

Environmental and Natural Resources Issues

• Siting of generation and supporting transmission, including: air and water quality
• Resource acquisitions and allocations
• Land disposal
• Environmental impact assessments and statements
• Endangered species
• Local land use
• Federal and state environmental permitting and compliance
• Water law and water rights
• Council and commission hearings

Regulatory

• Federal Energy Regulatory Commission regulations compliance and filings
• State regulatory hearings and compliance
• Legislative affairs

Land Acquisition and Eminent Domain

• Real estate purchase and sale
• Public and Indian lands rights-of-way and permitting
• Mineral and subsurface rights and waivers
• Condemnation proceedings
• Telecommunications, waterline, and interconnection easements

Electric Transmission

Our combined capabilities optimize advice to clients on all aspects of electric transmission development.

Contracts

• Entity formation
• Development
• Acquisition
• Operations and maintenance
• Engineering, procurement and construction
• Enterprise management
• Interconnection

Finance

• Project finance
• Equity issuance
• Debt placement
• Multilateral and bilateral agency financing

Taxation and Valuation

• International
• Federal
• State
• Local

Environmental and Natural Resources Issues

• Linear and support facility siting, including: air and water quality
• Resource acquisitions and allocations
• Land disposal
• Environmental impact assessments and statements
• Endangered species
• Local land use
• Federal and state environmental permitting and compliance
• Water law and water rights
• Council and commission hearings.

Land Acquisition and Eminent Domain

• Real estate purchase and sale
• Public and Indian lands rights-of-way and permitting
• Mineral and subsurface rights and waivers
• Condemnation proceedings
• Easements

Regulatory

• RTOs
• PUCHA compliance
• Federal Energy Regulatory Commission regulations compliance and filing
• State regulatory hearings and compliance

Legislative

• Power generation statutes
• Transmission siting statutes
• Environmental statutes
• Tax and bonding incentives and requirements