Tom Warren is a member of Sutherland's Energy and Environmental Practice Group and chair of the firm's Energy Projects Team. He focuses his practice on energy transactional matters including mergers and acquisitions, energy trading, and project development. Tom works primarily in the electric power and liquefied natural gas (LNG) industries. In the electric power industry, Tom represents buyers and sellers of all types of electric generation assets including by merger, purchase of equity interests, and purchase of assets (single units and portfolios). Tom also counsels clients on all aspects of renewable energy project development. Tom regularly represents power marketers, independent power producers, electric cooperatives and others in physical and financial power purchases and sales. These include multifaceted long-term power supply arrangements, asset management transactions and trading under master agreements, including capacity products and renewable energy certificates. In the LNG industry, Tom helps clients structure and negotiate transactions throughout the LNG value chain, including long-term LNG sale and purchase agreements, master sale and purchase agreements, regasification terminal use agreements, multi-user (intershipper coordination) agreements and downstream arrangements. This work includes helping to create novel approaches to acquiring and/or marketing capacity, such as options and subdivisions of a user's capacity rights. Tom also serves as Sutherland's Sustainability Partner. He leads the firm's multidisciplinary Sustainability Committee in administering the firm's commitment to promote environmentally friendly business practices. Representative Experience Tom's recent representative experience includes: Electric Power · Representing Oglethorpe Power in its $529 million acquisition of Murray I and II LLC, a project company that owns two combined cycle facilities totaling approximately 1,250-MW in Georgia. · Representing an international energy company in structuring and acquiring a minority interest in a geothermal project under development in the Pacific Northwest. · Representing an IPP in the sale of a 1000+ MW portfolio of pre-commercial wind generation projects. · Representing developer in developing a 5-MW solar PV project. · Representing a bidder to acquire two wind generation facilities in Texas. · Representing a water utility in the acquisition of a hydro-generation facility in Texas and conducting and completing an RFP for the long-term sale of the facility's output. · Creating documents for request for proposals to buy output of 550-MW combined-cycle facility and negotiating agreements with the winning bidder. · Representing an independent power producer in all aspects of joint development of a 600-MW gas-fired generating facility. · Representing a developer in the sale of power from a 30-MW biomass Qualifying Facility and other aspects of project development and related financing. · Representing an electric cooperative in the acquisition of a 340-MW peaking facility in Michigan. · Representing an electric cooperative in the acquisitions of entities owning two peaking facilities in Georgia. · Structuring an acquisition of power plants via merger of three electric cooperatives. · Representing a G&T cooperative in structuring and restructuring its wholesale power contracts with its members, including partial requirements options. · Representing a bidder to provide long-term financial hedges to support financing of the acquisition of a generating portfolio. · Representing an industrial user, partially owned by the government of a Caribbean country, in a long-term purchase of power from a greenfield power project in that country. · Representing a power marketer in a physical swap of energy, RECs and carbon offsets in California. · Structuring a long-term arrangement for a power marketer to manage all generation and transmission assets of, and supply power to, an electric cooperative. · Counseling a power marketer in a series of RFPs to supply power to municipal electric utilities under International Swaps and Derivatives Association (ISDA) and Edison Electric Institute (EEI) documents. · Negotiating and drafting a series of consortium agreements with respect to construction of several new nuclear power generation facilities. LNG · Representing an LNG importer in securing U.S. regasification terminal capacity at an expansion of an existing terminal. · Representing a shipper in contracting for capacity at a European regasification terminal and related LNG supply arrangements. · Structuring and negotiating agreements among shippers at a multi-user regasification terminal designed to optimize utilization of the terminal. · Representing an operator of a U.S. regasification terminal in structuring multi-user terminal use agreements to optimize marketability. · Representing a national gas company negotiating a series of master LNG sale and purchase agreements with major oil and gas companies, national oil companies and others. · Drafting a long-term LNG sale and purchase agreement on behalf of an LNG purchaser in the Pacific Basin. · Negotiating a precedent agreement for gas transportation and storage to coordinate with LNG regasification capabilities. Professional Honors and Awards · Named a "Rising Star" by Energy Law360 (April 2010) Professional and Community Involvement · Member, LNG Sales Agreement Subcommittee, Association of International Petroleum Negotiators · Member, Environmental Policy and Sustainability Committee, Metro Atlanta Chamber of Commerce Recent Publications and Speaking Engagements · Speaker, "Considerations in Renewable Energy," Sutherland Webinar Series: Electric Cooperative M&A Issues (October 25, 2011) · Speaker, "Joint Ownership Arrangements," Sutherland Webinar Series: Electric Cooperative M&A Issues (September 13, 2011) · Speaker, "Electric Cooperative Mergers & Combinations," G&T Accounting and Finance Association Annual Conference (June 21, 2011) · Speaker, "5 Keys to Long-Term Power Purchase Agreements That Are Not in the Term Sheet," ACC Legal Quick Hit (June 15, 2011) · Speaker, "Electric Cooperative Mergers & Reorganizations," Sutherland Webinar Series: Electric Cooperative M&A Issues (May 24, 2011) · Speaker, "Power Asset M&A," Sutherland Webinar Series: Electric Cooperative M&A Issues (February 22, 2011) · Speaker, "PPAs in a Nodal Market," 9th Annual Gas and Power Institute (September 23-24 2010) · Speaker, "Keys to Negotiations," EUCI's Mergers and Acquisitions in the Renewable Energy Industry Conference (July 19-20, 2010) · Speaker, "The Evolution of Market-Based, Open-Access Import and Export Terminals," Zeus Development Corporation's New Approaches to LNG Terminal Operations Meeting (June 3, 2010) · Speaker, "Multi User Regasification Terminals: Factoring Capacity Abundance & Optionality," 9th Annual World LNG Summit (December 9-12, 2008) · Speaker, 8th Annual World LNG Summit (December 3-6, 2007) · Speaker, IQPC Commercial Strategies for LNG Regas Terminals - Europe 2007 (July 9-10, 2007) · Speaker, Platts 6th Annual LNG Conference (May 21-22, 2007) · Co-author, "Successful European Terminal Projects Must Run Regulatory, Commercial Gauntlets," LNG Observer (April/June 2007) · Co-author, "Achieving True Market Value," Fundamentals of LNG (April 2007) · Co-author, "Formal Agreements Needed for Best Use of Multi-Shipper Terminal," LNG Observer (July 2006) Industries Electric Power Liquefied Natural Gas (LNG) News Sutherland's New Blog Captures Cutting-Edge Developments in Coop Industry
May 23, 2011 Sutherland Represents Oglethorpe Power in $529 Million Acquisition
April 18, 2011 Rising Star: Sutherland's Thomas Warren
April 15, 2010 Reprinted with permission Energy Law360 http://www.law360.com/ Sutherland Represents Wolverine Power Supply Cooperative in Acquisition of Sumpter Plant
April 5, 2010 Sutherland Appoints Thomas H. Warren As Firm's Sustainability Partner
October 22, 2009 Legal Alerts Legal Alert: Sierra Club Wins Challenge to RUS Approvals of Coop Plant Expansion
April 20, 2011 Legal Alert: Renewable Energy Treasury Grant Program Extended
December 20, 2010 Legal Alert: Sierra Club Challenges RUS Lien Accommodation Regulation
August 26, 2010 Legal Alert: Treasury Revises Guidance for Renewable Energy Grant Program
March 19, 2010 Legal Alert: FERC Seeks Comments on Efficient Integration of Renewables
February 4, 2010 Legal Alert: EPA Publishes Tailoring Rule Requirements for Greenhouse Gases from Stationary Sources
October 29, 2009 Legal Alert: DOE Creates Financial Institution Partnership Program in Connection with Solicitation for Renewable Energy Loan Guarantee Applications
October 12, 2009 Legal Alert: Sierra Club Challenges RUS Coal Plant Approvals
August 10, 2009 Legal Alert: Treasury Issues Guidance for Renewable Energy Grant Program
July 13, 2009 Legal Alert: Recovery Act: Hydroelectric Facility Modernization
July 2, 2009 Legal Alert: Effects of the Proposed EPA Greenhouse Gas Reporting Rule on Electric Cooperatives
March 25, 2009 Legal Alert: Stimulus Bill Provides a Boost for Renewable and Other Energy Investments
February 16, 2009 Legal Alert: FERC Asserts Jurisdiction Over Hydroelectric Projects on the Outer Continental Shelf; Challenges MMS Jurisdiction
October 17, 2008 Legal Alert: California Takes Another Step Towards Allowing the Use of Tradable RECs for RPS Compliance
August 25, 2008 Legal Alert: MMS Proposes Offshore Alternative Energy Program Regulations
July 9, 2008 Legal Alert: MMS Issues Notice of Proposed Limited Alternative Energy Leases on the OCS
April 21, 2008 Legal Alert: Regulators' Award of Renewable Energy Credits to Power Purchasers Survives Constitutional Challenge
October 31, 2007 Legal Alert: Florida and North Carolina Move Toward Joining National Trend Requiring Renewable Energy Generation
July 30, 2007 Legal Alert: New Model Agreement Promises to Expedite Trading of Renewable Energy Credits
March 5, 2007 Legal Alert: Georgia Energy Strategy Identifies Business Development Opportunities for Energy Sector
January 17, 2007 Publications Successful European Terminal Projects Must Run Regulatory, Commercial Gauntlets
April/June 2007 Reprinted with permission, LNG Observer Achieving True Market Value
April, 2007 Reprinted with permission, Fundamentals of LNG Formal Agreements Needed for Best Use of Multi-Shipper Terminal
July 2006 Reprinted with permission, LNG Observer Events Sutherland Webinar Series: Electric Cooperative M&A Issues - "Considerations in Renewable Energy"
October 25, 2011 Sutherland Webinar Series: Electric Cooperative M&A Issues - "Joint Ownership Arrangements"
September 13, 2011 G&T Accounting and Finance Association Annual Conference
June 21, 2011 Sutherland Webinar Series: Electric Cooperative M&A Issues - "Electric Cooperative Mergers & Combinations"
May 24, 2011 Sutherland Webinar Series: Electric Cooperative M&A Issues - "Power Asset M&A"
February 22, 2011 9th Annual Gas and Power Institute
September 23-24, 2010 EUCI's Mergers and Acquisitions in the Renewable Energy Industry Conference
July 19-20, 2010 Zeus Development Corporation's "New Approaches to LNG Terminal Operations" Meeting
June 3, 2010 9th Annual World LNG Summit
December 9-12, 2008 8th Annual World LNG Summit
December 3-6, 2007 IQPC Commercial Strategies for LNG Regas Terminals - Europe 2007
July 9-10, 2007 Platts 6th Annual LNG Conference
May 21-22, 2007 |