Solar & Energy Storage

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Williams Mullen represents clients on the development, construction and operation of utility-scale and distributed generation (DG) solar projects, solar + storage projects and standalone energy storage systems throughout the U.S. Our Solar and Energy Storage team assists developers, investors and other clients in practically all aspects of solar and energy storage project development, including real estate, land use, energy (regulation, interconnection and power sales), financing, tax, environmental, construction and corporate law. Through our team’s understanding of the legal, financial and other aspects of solar, solar + storage and standalone storage projects, our ultimate goal is to assist clients in expediting project delivery, mitigating risk and maximizing return.

Our Solar and Energy Storage team assists developers, investors and other clients in practically all aspects of solar and energy storage project development, including real estate, land use, energy (regulation, interconnection and power sales), financing, tax, environmental, construction and corporate law. Through our team’s understanding of the legal, financial and other aspects of solar, solar + storage and standalone storage projects, our ultimate goal is to assist clients in expediting project delivery, mitigating risk and maximizing return.

We offer clients a full-service team to assist with taking a project from development to commercial operation, and all aspects in between. Our comprehensive team of attorneys includes members of the firm’s Real Estate, Land Use, Energy, Construction, Government Relations, Environmental, Tax, and Corporate practice groups. Whatever type of solar or storage project you are developing, our team can add value to your project by identifying potential legal issues and risk and offering practical results-oriented solutions.

REAL ESTATE & LAND USE

Real estate contracting, including options to purchase or lease, easements, leases and property acquisitions
Land use, siting and permitting approvals and permits

ENVIRONMENTAL

Environmental compliance, auditing and counseling
Permitting and enforcement
Environmental impact reviews

GOVERNMENT RELATIONS

State and Local – Virginia and North Carolina

PROJECT FINANCING

Equity funding, senior debt and mezzanine financing
Non-recourse project financing

ENERGY REGULATION

Federal and state energy regulatory compliance and approvals
- Certificate of Public Convenience and Necessity (CPCN)
- Permit-by-Rule (PBR)
- Qualifying Facility (QF) certification
Regional Transmission Organization (RTO) regulations

TAXES & INCENTIVES

Counseling and structuring of federal and state incentives
Tax rebates, credits and other incentives, including Investment Tax Credit
Local property tax assessments, exemptions and credits

PROJECT ACQUISITION & SALE (M&A)

Due Diligence
Term Sheets/Letters of Intent
Asset Purchase Agreements (APAs)
Membership Interest Purchase Agreements (MIPAs)

PROJECT DEVELOPMENT & CONSTRUCTION

Engineering, Procurement and Construction (EPC) Agreements
Power Purchase Agreements (PPAs)
Interconnection requirements and agreements
Operation and Maintenance (O&M) Agreements
Construction contracts and disputes

Our Solar Energy team has represented clients on more than 5 GW of solar development projects throughout the U.S. Representative matters include:

Virginia Clean Economy Act (VCEA). Advised clients on the Virginia Clean Economy Act (VCEA) and new solar laws in Virginia, including implementation of the shared (community) solar program, energy storage, mandatory renewable portfolio standard (RPS), and Dominion and Appalachian Power renewable energy and energy storage targets and request for proposals.
Land Use. Represented developers on land use and zoning matters involving utility-scale solar projects, including drafting and negotiating solar siting agreements with host localities.
Real Estate. Represented developers and landowners on solar options, leases and property purchases in MD, NC, SC, TX and VA.
Purchase/Sale. Represented developers on the purchase and sale of over 45 solar projects located in GA, IL, NC, TX and VA.
Interconnection. Represented developers on interconnection issues, including PJM New Services Queue and utility issues.
EPC Construction. Represented developers on the negotiation of EPC agreements for construction of over 45 solar projects.
Government Relations. Represented developers and solar industry associations on legislative and local government relations matters in Virginia and North Carolina.
Regulatory. Represented developers on state and federal energy regulatory issues, including matters pertaining to FERC, Virginia State Corporation Commission (SCC), North Carolina Utilities Commission (NCUC) and South Carolina Public Service Commission (SCPSC).
State and Local Tax. Represented developers on Virginia and North Carolina state and local property tax and other tax issues.
Incentives/Grants. Advised developers on state tax incentives and grant programs.