Practices | Energy Law

Acquisitions, Sales, and Project Development

The Energy Law Practice Group (“EPG”) attorneys represented FPL Energy Maine, a subsidiary of the FPL Group, in bidding for the generating assets of Central Maine Power Company (“CMP”) which were being divested pursuant to Maine’s electric utility restructuring. It then represented the successful bidder as local counsel during FPL’s due diligence in its acquisition, including undertaking the title search on CMP’s many hydroelectric projects using the resources at the firm’s subsidiary, Monument Title Company. The EPG assembled a team of abstractors to complete what was probably the most complicated real estate title project in the State’s history. The firm now acts as local counsel to FPL Energy Maine on many aspects of the operation of these projects.

The EPG also has assisted other buyers in their acquisition of existing projects. It assisted Norway’s Hafslund in acquiring a hydroelectric project in New Hampshire, and years later represented it in the divestment of all its U.S. assets, including hydroelectric facilities and a biomass plant.It has assisted Endless Energy with the development of multiple windpower projects in New England. Moreover, two members of the EPG have traveled to Kathmandu, Nepal to assist the Nepalese government in the solicitation of bids for hydroelectric projects throughout Nepal, educating the government on the drafting of Power Purchase Agreements and Project Agreements, and assisting in the development of bid parameters that would be both economically feasible and in conformance with the standards of international aid organizations such as the World Bank and the Asian Development Bank.

The EPG has also been in the forefront of Maine’s move to gas-fired combined cycle projects, representing MEG International in the repowering of Champion International’s Bucksport Paper Mill. The 175 MW project utilizes a GE Frame 7FA turbine and an HRSG to provide power and steam for use in the mill, as well as power for sale to Hydro Quebec’s U.S. power marketing affiliate. Financing for this project was provided by a consortium of lenders led by ABN-AMRO Bank. The interrelationships between the new project and Champion were complex, since the project was owned as a tenancy in common by Champion and the developer. As a result, the EPG confronted and successfully resolved intricate real estate and regulatory issues.