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Energy

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The energy field is transforming rapidly throughout the nation, no more so than in New York and New England. Harris Beach Murtha’s energy attorneys help clients throughout the country keep up with what’s new, while also providing common-sense answers to client issues. We realize the energy industry presents challenges, but we, like you, see fantastic opportunities.

Our experienced Energy Industry Team — which includes a member who was both a former Chair of the New York State Public Service Commission (PSC) and the Chief Executive Officer of the New York State Energy Research and Development Authority (NYSERDA) — regularly works in all aspects of energy law with a wide variety of clients, including generation and transmission owners, utilities, energy service companies, energy facility developers, real estate developers, retail energy providers, large commercial and industrial customers and governmental entities. We help these private and public entities successfully achieve their energy initiatives.

In addition to a rich history serving clients in the fossil-fuel fired electric generation field, our energy lawyers advise clients on developing innovative projects that produce energy from alternative and renewable resources, such as offshore wind, solar, hydroelectric, battery energy storage, fuel cells, biomass and solid waste. That work includes cogeneration, small power production and merchant power plant development. We offer our considerable experience in federal and state energy policy and law, in addition to environmental law.

Our firm has been involved, in various roles, in many of the major energy projects throughout New York, Massachusetts and Connecticut. We help with every phase of large and small-scale energy projects: renewable generation and transmission lines; offshore wind siting and permitting; regulatory compliance; standardized interconnection requirements and services; energy siting and permitting approvals, including environmental, land use and real estate due diligence; electric, gas and renewable contract drafting; negotiation; tax issues; public/community outreach; funding, including public finance; and more. This includes hydroelectric generating facilities, base load and peaking fossil fuel fired facilities, and nuclear energy installations.

Harris Beach Murtha has experience with municipal-owned gas and electric utilities, behind-the-meter generation, Engineering Procurement and Construction (EPC) agreements, Asset Purchase agreements (APA), Payment In Lieu Of Taxes (PILOT) agreements, Membership Interest Purchase and Sale agreements (MIPA), and all related documents.

Our knowledge and experience is particularly important in the era of New York’s Climate Leadership and Community Protection Act (CLCPA), which requires New York to obtain 70% of its electricity from renewable resources by 2030, 100% emissions-free electricity by 2040, 9,000 megawatts (MW) of offshore wind capacity by 2035, 6,000 MW of solar energy by 2025, and 3,000 MW of energy storage capacity by 2030.

Our attorneys represent regulated utilities, large commercial and industrial customers, and energy service companies (ESCOs) before the PSC on proposed increases in a utility’s electric, gas and water rates. They also routinely interact with federal and state agencies in Albany, Hartford, Boston and states throughout the country.

Clients rely on us to guide them in understanding regulatory and legal issues surrounding the energy industry and to educate them on how to comply with governmental requirements in the energy and related environmental and economic development fields. We take a multi-disciplinary approach to craft comprehensive legal solutions as unique as the private and public entities we represent, all with a goal of maximized returns on your energy investments.

Transmission Line and Energy Generation Development and Siting

Harris Beach Murtha attorneys help with high-level line development and siting strategy, and we roll up our sleeves to do the nuts-and-bolts work. We help develop strategic paths for clients to engage community, business and professional leaders on the benefits of transmission line development and siting. We also help with state and federal regulatory approvals, environmental permitting and compliance, real estate issues, zoning and payment in lieu of taxes (PILOT) agreements.

Harris Beach Murtha attorneys represent developers of alternating current, high voltage direct current transmission, and other energy generation transmission, seeking state and local approvals under regulations such as the New York State Environmental Quality Review Act (SEQRA) or certification from the New York Public Service Commission (PSC) under Article VII of the New York State Public Service Law (PSL).

Electric, Gas, and Water Rate Proceedings

Our attorneys represent regulated utilities, large commercial and industrial customers and energy service companies (ESCOs) when dealing with state agencies on proposed increases in a utility’s electric, gas and water rates.

Renewable Energy

We provide extensive legal services for renewable energy companies, real estate owners, municipalities, investors and lenders in developing renewable energy projects, including distributed and utility-scale solar photovoltaic systems, wind farms, biofuel systems, hydropower systems, fuel cells and combined heat and power and commercial geothermal systems and microgrids in New York, Massachusetts, Connecticut and beyond.

The firm regularly advises municipalities and state authorities on all necessary aspects of renewable energy and microgrid development. This includes developing requests for proposals and reviewing project proposals to drafting and negotiating complex power purchase agreements, performance guarantee agreements, site leases, interconnection agreements, finance agreements, construction agreements, easement agreements, and operation and maintenance agreements. Our attorneys actively counsel municipalities on project implications and benefits of state incentive programs, including the Zero Emission Renewable Energy Credit (ZREC) and Low Emission Renewable Energy Credit (LREC) Program, Municipal Virtual Net Metering (VNM) Program, Commercial Property Assessed Clean Energy (C-PACE) Program, and the Microgrid Grant Program.

In New York, we assist renewable energy developers in siting and permitting of renewable generating facilities under State Environmental Quality Review Act (SEQRA) or Article X of the New York State Public Service Law (PSL). We provide strategic counsel to clients seeking to obtain benefits from state policy initiatives such as the former Renewable Portfolio Standard and the new Clean Energy Standard.

SEQRA for New York Energy Development Projects

In New York, energy projects below 25 megawatts require review and approval by local municipalities under the New York State Environmental Quality Review Act (SEQRA), which generally requires completion of an environmental impact assessment. Our energy lawyers provide guidance and counsel through the SEQRA process, including strategy related to project development, assisting with the evaluation of environmental impacts, and navigating the municipal zoning and land use regulations and review processes.

Offshore Wind Projects

Offshore wind is among America’s next generation of energy sources and Harris Beach Murtha attorneys represent developers, financers, investors and others in the field. We assist with environmental impact assessments, stakeholder engagement, financial structuring and funding, permitting and licensing, contract negotiating and drafting, litigation, risk management and regulatory compliance.

Zoning, Land Use and Reciprocal Easement Agreements

Our energy lawyers have deep experience helping energy developers understand and navigate complex state and local regulations, as well as community dynamics, to secure local, state and federal permit approvals so projects stay on schedule and budget.

Harris Beach Murtha attorneys offer a broad range of services, guiding clients through land development processes and contract negotiation and advising them on matters ranging from local land use law to historic preservation and eminent domain. Our attorneys also conduct seminars and workshops for clients and land use commissioners through several local, regional and state agencies.

We regularly assist energy developers with site acquisition, title, purchase agreements, joint development agreements, due diligence investigations, obtaining zoning and land use approval and permits, ordinance drafting and adoption, density and intensity of use, construction contracting and store and ground leasing.

We negotiate and obtain reciprocal easement agreements and all types of municipal agreements, including developer agreements with municipalities for the site and access to sewer and water, highway access and occupancy, construction and permanent financing and property dispositions.

Our integrated, end-to-end representation offers effective solutions in all areas of land use and zoning, including acquisition, design, regulatory compliance, approvals, construction and litigation.

Submetering

Residential electrical submetering allows electricity to be billed directly to building owners at the less expensive general-large or multiple dwellings-redistribution rate, while billing the resident is based on actual use at the utility’s direct-meter rate, thus encouraging energy conservation and increasing the building’s profitability.

We help building owners set up submetering and bill electric charges to residents based on their actual consumption. We understand the procedure for obtaining regulatory approval. In fact, our Energy legal team has successfully obtained submetering approval for hundreds of buildings throughout New York state.

We also assist property owners who are currently submetering electricity to stay in compliance with the Public Service Law, including the Home Energy Fair Practices Act (HEFPA), and the PSC’s submetering regulations (16 NYCRR Part 96), which now contain provisions for monetary penalties for noncompliance. We also help you handle any resident complaints filed with state regulating authorities.

Regulatory Compliance and Representation of Water Utilities

Our attorneys leverage regulatory experience to provide strategic counsel to some of the Northeast Corridor’s largest utilities, generation owners, large commercial and industrial customers, real estate developers, and market participants regarding government regulations and regulatory compliance.

Our energy regulatory attorneys assist clients with regulatory approval state agencies, including such matters as the transfer of regulated assets and approval of debt issuances. For example, we assisted the nation’s largest owner of nuclear generation to acquire a nuclear generation facility in upstate New York, as well as establish the nation’s first zero-emission credit program, ensuring the facility and other remaining nuclear generating units receive necessary compensation for emission-free generation.

In addition, Harris Beach Murtha serves as general counsel to two of the four largest water utilities in Connecticut. We also represent several smaller water utilities.

Our water clients rely on us for advice in corporate financing, mergers and acquisitions, long-term water supply contracts, securities law and general business transactions. For our investor-owned water companies, we provide legal support for rate making and change of control proceedings at the Public Utilities Regulatory Authority.

We also counsel on water diversion permits in proceedings before the Department of Energy and Environmental Protection, and on water quality issues in proceedings before the Connecticut Department of Public Health.

Interconnection

Harris Beach Murtha’s energy interconnection attorneys routinely advise on utility-scale clean energy projects and other operating renewable energy projects throughout New York, Massachusetts, Connecticut and the nation. They’re knowledgeable and experienced in assisting clients with the complex process to connect energy generating facilities – including solar, offshore wind, and other renewable energy resources – to the transmission grid that delivers electricity to homes and businesses.

Speed matters when it comes to the interconnection process and completion of successful renewable energy projects. Delayed projects incur unnecessary costs or failing to reach commercial operation. Lengthy interconnection queues have increased the time for completion of the necessary interconnection analyses and studies. Some projects take years for approval, and necessary upgrades to transmission lines or substations may take even longer. Because of costly upgrades or lengthy delays in the interconnection or siting and permitting processes, developers often abandon once-promising renewable energy projects.

Many of the delays can be eliminated or shortened, and our experienced energy attorneys help developers manage and expedite the interconnection process, which is governed by a series of tariffs, manuals and legal/regulatory requirements. We routinely work in Albany, Boston and Hartford with regulatory agencies. In addition, we have experience with federal agencies, local municipal zoning and planning boards, and political bodies and courts at all levels.

Our attorneys have served in state and national leadership roles on energy issues, including an attorney who served as chairman of the New York State Public Service Commission (PSC), president of the New York State Energy Research and Development Authority (NYSERDA) and member of the National Association of Regulatory Utility Commissioners (NARUC) Electricity Committee. This is valuable experience when understanding and navigating the complex approval and regulation requirements.

Battery Storage

Increasingly, renewable energy resources, such as wind, water and solar, are the chosen power sources of governments and developers. While the societal benefits are numerous, from less pollution to slowing global warming to lower long-term costs than the traditional alternatives, challenges exist. Our nation’s antiquated infrastructure is strained by the introduction of new power generation, transmission and distribution technologies. Also, wind, solar and hydro projects are at the mercy of the elements, making it difficult to generate what is needed when and where it is needed most. This can be particularly worrisome to energy-intensive businesses that need reliability to operate.

That’s why battery storage systems are so important; stored energy can be released when demand is high. Their importance to our nation’s renewable energy success was magnified when the Inflation Reduction Act (IRA) offered tax credits to encourage the development of renewable energy storage systems. But even with tax incentives, developers still face challenges with siting, financing, zoning and regulatory compliance.

Harris Beach Murtha’s Energy Industry Team possesses extensive experience – in New York, Massachusetts, Connecticut and nationally -- and deep understanding of all aspects of the industry, including due diligence, siting, financing, incentives, storage, interconnection and more. Our experienced battery storage attorneys help deliver complex and innovative solutions to the challenges confronting battery storage operators.

Retail Energy Markets

Our energy attorneys assist energy service companies (ESCOs) in obtaining necessary regulatory approvals to allow them to sell electricity and natural gas to residential, small commercial and large commercial and industrial customers throughout the nation.

We leverage our regulatory experience to handle inquiries and investigations from regulators, as well as complaints from customers. We also provide our clients with tax advice and coordinate marketing arrangements and merchant power arrangements on their behalf.

Public/Community Outreach

Our Energy Industry Team includes former high-ranking government officials who help clients develop strategic paths to engage business and professional leaders in developing consensus for their projects. The team is experienced in engaging local and regional economic development advocates to work for positive job growth.

Led by a former head of both the New York State Public Service Commission (PSC) and New York State Energy Research and Development Authority (NYSERDA), our team of energy attorneys has the knowledge of government revenues and expenditures to help develop key messaging around how the community will benefit with new jobs, financial gains, priority infrastructure improvements and new economic development opportunities.

Lobbying Compliance

It is critical to understand rules governing lobbying regulation and compliance. Our team has full grasp of state, county, city and local lobbying laws and provides counsel to energy companies and developers on interpreting and complying with those regulations.

We help with registering organizations and employees as lobbyists, preparing and filing disclosure reports, responding to audits and complying with state and city gift bans. We monitor ever-changing regulations and provide in person or webinar trainings, quick reference guides and other educational materials to help you stay in compliance.

Top-tier in-house lobbyists from a variety of companies, associations and nonprofits rely on Harris Beach Murtha attorneys and their decades of experience and keen understanding of the complexities and quirks of lobbying laws.

Learn more about Lobbying Compliance
Environmental, Social and Governance (ESG)

ESG considerations are increasingly driving public investment. Governments are setting sustainability goals and seeking not only a return on investment, but positive environmental and social outcomes. Green infrastructure projects and renewable energy initiatives are increasingly the norm.

Our energy lawyers support clients seeking to navigate and strategically integrate aspects of ESG into core business strategies, governance and risk-management. In addition to helping our clients understand, prepare for and comply with emerging laws and regulations, we also help them realize the benefits and risks related to ESG.

Understanding and managing ESG and marketplace expectations is critical for businesses. Successfully addressing ESG initiatives can impact customer and public perceptions, investor support, attracting and retaining talent and profitability. Our experience across industries, governmental sectors, board and corporate governance, and investor and stakeholder engagement, enables us to analyze our clients’ unique business needs and attributes, and help them craft a successful approach to ESG.

Team Leader(s)

John Mcmanus

John T. McManus

Member

(518) 701-2734

jmcmanus@harrisbeachmurtha.com

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Javid Afzali

Javid Afzali

Member

(518) 701-2775

jafzali@harrisbeachmurtha.com

Christopher Andreucci

Christopher A. Andreucci

Member

(585) 419-8606

candreucci@harrisbeachmurtha.com

Partner John J. Anzalone

John J. Anzalone

Member

(516) 880-8108

janzalone@harrisbeachmurtha.com

Daniel Canavan

Daniel R. Canavan

Member

(203) 772-7749

dcanavan@harrisbeachmurtha.com

Susan M Crossett

Susan M. Crossett

Consultant

(315) 214-2044

scrossett@harrisbeachmurtha.com

Partner Michael J. Donnelly

Michael J. Donnelly

Member

(860) 240-6058

mdonnelly@harrisbeachmurtha.com

Partner Jodie L. Driscoll

Jodie L. Driscoll

Member

(203) 772-7748

jdriscoll@harrisbeachmurtha.com

Terrance Flynn

Terrance P. Flynn

Member

(716) 200-5120

tflynn@harrisbeachmurtha.com

William Flynn

William M. Flynn

Member

(518) 701-2711

wflynn@harrisbeachmurtha.com

Partner Thomas Garry, Business and Commercial Litigation attorney

Thomas J. Garry

Member

(516) 880-8489

tgarry@harrisbeachmurtha.com

Francis L Gorman

Francis L. Gorman, III

Member

(585) 419-8628

flgorman@harrisbeachmurtha.com

Attorney Raquel Herrera-Soto

Raquel Herrera-Soto

Associate

(203) 772-7736

rherrerasoto@harrisbeachmurtha.com

Seth Hiland

Seth T. Hiland

Member

(607) 330-7721

shiland@harrisbeachmurtha.com

Gene Kelly

Gene J. Kelly

Member

(518) 701-2740

gkelly@harrisbeachmurtha.com

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Alyshia L. Korba

Law Clerk

(518) 701-2705

akorba@harrisbeachmurtha.com

Jeffrey Kuhn

Jeffrey D. Kuhn

Member

(518) 701-2746

jkuhn@harrisbeachmurtha.com

Melanie Marotto

Melanie C. Marotto

Member

(716) 200-5230

mmarotto@harrisbeachmurtha.com

Sean McCabe

Sean M. McCabe

Member

(585) 419-8571

smccabe@harrisbeachmurtha.com

Bruce McDermott

Bruce L. McDermott

Member

(203) 772-7787

bmcdermott@harrisbeachmurtha.com

Partner Jennifer L. Morgan

Jennifer L. Morgan

Member

(203) 772-7735

jmorgan@harrisbeachmurtha.com

Michael Nozzolio

Michael F. Nozzolio

Counsel

(585) 419-8648

mnozzolio@harrisbeachmurtha.com

Daniel Palermo

Daniel J. Palermo

Member

(585) 419-8946

dpalermo@harrisbeachmurtha.com

Attorney Cynthia C. Robertson

Cynthia C. Robertson

Senior Counsel

(315) 214-2037

crobertson@harrisbeachmurtha.com

Jack Robey

Jack J. Robey

Associate

(518) 701-2776

jrobey@harrisbeachmurtha.com

Aubrey Ohanian

Aubrey A. (Ohanian) Roman

Member

(518) 701-2720

aroman@harrisbeachmurtha.com

Robert Ryan

Robert J. Ryan

Member

(518) 701-2715

Rryan@harrisbeachmurtha.com

Joshua Schneider

Joshua Schneider

Associate

(518) 701-2744

jschneider@harrisbeachmurtha.com

Jeremy Speich

Jeremy H. Speich

Member

(518) 701-2737

jspeich@harrisbeachmurtha.com

Transmission Line and Energy Generation Development and Siting

  • Serve as outside counsel to a New York energy company on a variety of matters from regulatory and environmental to corporate, litigation, land use and real estate. Secured two CECPNs under PSL Article VII to construct, operate and maintain electric transmission facilities; several PSC approvals under PSL Sections 68 and 70 to exercise franchise agreements and secure the real and personal property necessary to construct those projects; financing approval under PSL Section 70; and related approvals for EM&CPs. In addition, Harris Beach Murtha’s energy attorneys have assisted New York Transco in environmental compliance matters during construction of these projects.
  • Represented transmission company in the negotiation of a ground lease for an existing 55-mile utility right-of-way to construct and develop a new 345 kV transmission line and related substation facilities and related asset purchase agreement to acquire existing transmission line equipment within the right-of way, secure temporary construction access and obtain easement rights to various substation facilities.
  • Successfully represented transmission developer in a related application to the PSC for a CECPN pursuant to PSL Article VII for an approximately 12-mile upgrade of certain electric transmission infrastructure, including a new 115 kV line and rebuilt substation.
  • Represented developers in negotiations for the acquisition of transmission and generation assets, both real and personal property, from various utilities using asset purchase and equity purchase structures.
  • Represented electric transmission company in negotiation of $353 million EPC contract for electric transmission line and substation upgrade project.
  • Represented a transmission developer seeking to satisfy identified Public Policy Transmission Needs (PPTN) in prior and ongoing Public Policy Transmission Planning Processes (PPTPPs) at the PSC and the New York State Independent System Operator, Inc. (NYISO).
  • Advised transmission owners on PSC regulatory compliance.
  • Represented electric transmission company in negotiating engineering and construction management contracts for electric transmission facility upgrade project.

Renewable Energy

  • Serve as strategic advice counsel for NextEra’s New York solar projects. We have provided regulatory and compliance advice, assisted in due diligence matters and represented the client in various distribution generation solar facility projects on Long Island.
  • Represented a developer of the first, solar only Article 10 project (90 megawatt) seeking certification for the facility from the New York State Board on Electric Generation Siting and the Environment under Article 10 of the Public Service Law.
  • Represented the renewables developer seeking approval of the largest solar-only Article 10 project at the New York Public Service Commission.
  • Assisted national solar energy developer by conducting transactional environmental due diligence reviews for numerous solar project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Assisted a national energy company in acquiring over 30 solar generating facilities in New York by performing due diligence reviews of the projects in areas regarding regulatory, real property, interconnections and environmental matters.
  • Assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • Assisted numerous municipalities, school districts and commercial customers in negotiating power purchase agreements with developers for the construction of net metered and remote net metered solar generating facilities.
  • Assisted Excelsior Energy Center, LLC with a 280 MWs solar and storage project in Genesee County, New York.
  • Assisted Trelina Solar Energy Center, LLC with an 80 MWs solar project in Seneca County, New York.
  • Assisted Bear Ridge Solar, LLC with a 100 MWs solar project in Niagara County, New York.
  • Assisted Mohawk Solar, LLC with a 90 MWs solar project in Montgomery County, New York.
  • Assisted East Point Energy Center, LLC with a 50 MWs solar project in Schoharie County, New York.
  • Assisted North Side Energy Center, LLC with a 180 MWs solar project in Lawrence County, New York.
  • Assisted High River Energy Center, LLC with a 90 MWs solar project in Montgomery County, New York.
  • Assisted Watkins Glen Solar Energy Center, LLC, with a 50 MWs solar project in Schuyler County, New York.
  • Assisted Franklin Solar, LLC with a 150 MWs solar project in Franklin County, New York that was withdrawn by the developer in 2017.
  • Assisted with the Cypress Creek Renewables projects in Niagara, Orange and Albany counties in New York.
  • Assisted 174 Power Global with a 100 MWs project in Queens County, New York.
  • Represented an electric generating company offering to exchange existing notes for new notes. The transaction included a consent solicitation to amend the indenture governing the issuance of the notes to allow for a distribution to its shareholders. The exchange offer related to approximately $93 million of existing notes and the distribution was in the amount of approximately $7.5 million. Represented the energy client in all facets of this transaction and prepared all consent solicitation documents, notes and amendments to existing documents.
  • Represented a power transmission client in executing and delivering an Asset Purchase Agreement to purchase plans and specifications for the development of a component in the construction of a new power transmission line to alleviate power needs in downstate New York.

Offshore Wind Projects

  • Serve as counsel to an offshore wind developer, Sunrise Wind, for the New York-jurisdictional component of the electric transmission facilities (both onshore and offshore) from the Sunrise Wind offshore wind farm to the state’s electric grid in Suffolk County. Secured the first-ever unopposed Article VII CECPN for an offshore wind-related transmission project in the state on Sunrise Wind’s behalf and continue to assist Sunrise Wind with its pending application for an Environmental Management & Construction Plan (EM&CP) to construct the project. Also providing real estate, public finance, corporate and other legal services to Sunrise Wind for this project.
  • Assisted developers in siting several wind projects including the siting of the first utility-scale project at 120 MW in NYS.
  • Represented the first community-owned wind project in New York on interconnection and other real property matters.
  • Successfully advised a developer in connection with two offshore wind solicitations issued by NYSERDA.
  • Advised major energy company on proposal to develop, permit, construct and operate a 104-MW wind energy project in Steuben County, New York – including preparation of applications under PSL Articles VII and 10.
  • Secured a PSC determination that further regulatory review under PSL Section 70 was not required before a renewable developer could acquire ownership of development plans to construct a wind electric generating facility.
  • Provided SEQRA assistance to Steuben County IDA on the review and approval of four wind farm developments located on approximately 100 square miles and currently representing the Steuben County IDA in an Article 10 review of proposed 242 MW wind farm project.
  • Represented defendant in defense of multi-million-dollar claim alleging breach of an Interconnection Agreement related to wind farm project.
  • Advised energy and environmental clients on matters concerning the generation, transmission and delivery of energy resources in New York, including renewables such as wind and solar power.
  • Conducted due diligence for developers and lenders in connection with acquiring solar and wind projects.
  • Assisted developers in siting several wind projects, including the siting of the first utility-scale project at 120 MW in New York.
  • Represented the first community-owned wind project in New York on interconnection and other real property matters.
  • Assisted Community Offshore Wind with regulatory issues.
  • Assisted Eight Point Wind, LLC with a 102 MWs wind project in Steuben County, New York.
  • Assisted Cape Vincent Wind Power with a 200 MWs wind project in Jefferson County, New York that was withdrawn by developer in 2014.
  • Completed environmental due diligence for a private equity fund in connection with the acquisition and transfer of environmental permits for a 520 MW gas-fired combined cycle generating facility. Obtained siting approval and assisted with securing the air permit for a 350 MW dual-fuel simple cycle peaking facility.
  • Assisted a renewable energy developer in obtaining siting approval and environmental permits for a 30 MW circulating fluidized bed biomass gasification facility.
  • Performed environmental due diligence for a private equity fund in connection with a $1.3 billion acquisition of 1,400 MW of hydroelectric, jet-powered and coal-fired generation facilities.
  • Represented client in connection with EPA unilateral order to cease discharging silt and sediment during a hydroelectric plant dewatering outage and in connection with a negotiated Administrative Consent Order with Massachusetts DEP to remove silt/sediment from the Connecticut River.
  • Provided legal advice to a merchant power plant developer related to the planning, permitting and construction of the largest merchant power plant in Connecticut, a 792 MW dual-fuel combined cycle generation facility, including obtaining non-attainment New Source Review and Prevention of Significant Deterioration permits and NOx offsets.
  • Assisted unregulated utility subsidiary in acquiring approximately 2,300 MW of fossil fuel-fired generation assets at multiple locations. Obtained siting approvals for an additional 240 MW of peaking generation at two facilities. Continue to assist client with environmental compliance, remediation issues and the development of a 544 MW dual fuel combined cycle facility and additional peak load capacity.
  • Represented global power plant developer in connection with the permitting and development of the largest cogeneration facility in Connecticut, a 181 MW coal-fired circulating fluidized bed boiler for the production of electricity and industrial steam. Continue to assist client with operational and environmental compliance issues.
  • Helped an Ivy League university with new source air permitting for a 13.5 MW central power plant consisting of three small gas turbine/duct burner units, three peaking gas internal combustion engines and a large boiler. Obtained siting approval for a fuel cell in a combined heat and power application.
  • Coordinated project planning, siting, permitting and financing for four municipal waste combustor facilities, totaling 162 MW.
  • Performed environmental due diligence and evaluated permitting requirements on behalf of an international private equity fund in connection with the acquisition of a submerged electric transmission line.
  • Assisted a national energy company with environmental permitting issues associated with the acquisition of a 400 MW pulverized coal-fired electric generating facility and a dual fuel-fired 466 MW facility. Developed permit modification strategy to allow facility to comply with new air pollution regulations that required significant modifications to the coal-fired facility.
  • Represented numerous clients with the permitting and development of electric generating facilities, including combined heat and power and distributed generation projects ranging in size from 1.2 MW to 350 MW.

Regulatory Compliance and Representation of Water Utilities

  • Served as lead counsel for the renewables developer who filed the first ever solar-only Article 10 project with the New York State Board on Electric Generation Siting and the Environment.
  • Represent large and small-scale solar energy developers in all aspects of development and siting, including responding to requests for proposals, negotiating power purchase agreements, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Represent distributed energy resources (DERs) on various regulatory issues, including registration with the PSC, drafting subscription and sales agreements, and ongoing compliance with relevant energy laws and regulations.
  • Represent large and small-scale renewable energy/clean energy developers in all aspects of development and siting, including responding to requests for proposals, negotiating power purchase agreements and agreements with NYSERDA, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Secured PSC approval for a Community Choice Aggregation program.
  • Represented natural gas and electric utilities in several proceedings before the PSC, including a major rate case and acquisition case.
  • Secured PSC approval to transfer regulated assets for numerous clients.
  • Represent energy service companies (ESCOs) on various regulatory issues at the PSC, including submission of annual and triennial compliance filings, responses to customer complaints and responses to Notices of Apparent Failure and Orders to Show Cause.
  • Represented a nationwide organization of more than 20 ESCOs and secured an order vacating certain provisions of a PSC order that, as the reviewing court stated, would have “amount[ed] to a major restructuring of the retail energy market—or even its collapse.”
  • Represent developers and building owners in tariff negotiations with local distribution utilities to secure proper utility service to newly constructed and existing properties.
  • Secured PSC approval to transfer regulated assets, such as an electric generating facility, for several clients.
  • Served on legal team that secured a PSC determination that further regulatory review under Public Service Law Section 70 was not required, allowing a renewable energy developer to acquire ownership of development plans to construct a wind electric generating facility.
  • Defended energy companies under investigation by the NYS Office of the Attorney General’s consumer fraud bureau involving allegations of violations of GBL §§349, 349-d and 350 concerning deceptive sales practices, which were resolved through negotiation and the execution of an Assurance of Discontinuance.
  • Defended a utility company before the Joint Commission on Public Ethics (JCOPE) alleging multiple violations of the gift ban under New York’s lobbying law; reviewed and revised the company’s policies and procedures regarding entertainment of public officials; and trained company employees on the new policies.
  • Represent major utility clients with cybersecurity matters involving federal and state agencies, including compliance with New York State’s Department of Financial Services.
  • Assisted an energy organization when outsiders obtained access to email systems, file servers and databases without authorization. Directed initial investigation by retaining and instructing forensic investigators to identify the root cause and scope, assisting with the legal and contractual breach notification obligations, and improving the organization’s security plan to reduce the risk of future events.

Battery storage

  • Represented Key Capture Energy and received approval for a 150 MW BESS project in the Town of Islip.
  • Negotiated a per MW PILOT on behalf of Bloom Energy for a Fuel Cell facility with the Town of Brookhaven IDA. That was handled pursuant to the Town’s standards per MW calculation for generation that the Town created for Solar.
  • Represent a battery storage developer in connection with the various regulatory requirements for two proposed facilities in New York City.
  • Represented Key Capture Energy on a portfolio of projects totaling more than 250 MWs in Suffolk County, New York.
  • Represented 174 Power Global on projects totaling 100 MWs in Queens County, New York.

Resources

Insights
News
Events
insights

Proposed Legislation Would Shift Costs, Risk to Data Centers and Cryptocurrency Miners

insights

NY Governor Hochul Announces Energy Infrastructure Development Plan

insights

DEEP Seeks Input on Key Issues Shaping Connecticut’s Energy Future

insights

NYSDEC Extends Greenhouse Gas Reporting Deadlines

insights

Municipal Water Utilities: Aligning Infrastructure Needs, Capital Planning and Public Policy

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NY Governor Hochul Establishes First-in-the-Nation Data Center Moratorium

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From Harris Beach Murtha’s CPES Interconnection Breakfast: Balancing Project Economics with Safe, Reliable Grid Planning

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New York State Legislature Passes First-in-the-Nation Data Center Moratorium

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40 Harris Beach Murtha Attorneys Selected to 2026 Upstate New York Super Lawyers® and Super Lawyers: Rising Stars® Lists

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McManus Appears in Albany Times Union

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Tom Garry Named a Long Island Law Influencer

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Buffalo Media Organization Highlights Firm’s Recent Combinations

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Firm’s Real Estate Transaction for Data Center Draws National Media

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Daniel Canavan Moderating CPES Interconnection Breakfast Discussion

June 23, 2026
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John McManus Moderating Panel at 2026 NY Energy Summit

April 14, 2026
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Joshua Schneider Presenting Virtual State Practitioner Panel for the Energy Bar Association’s Young Lawyers Council 

January 15, 2026
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Dan Canavan Moderating Session During 2025 Politics & Policy Forum: The Business of Energy

November 13, 2025
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Harris Beach Energy Team Sponsors the 2024 Independent Power Producers of New York Spring Conference

March 19, 2024
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20th Anniversary of the Northeast Blackout: Lessons for Today’s Grid Reliability

August 14, 2023
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Energy

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Harris Beach Murtha Attorneys at Law

Energy

Industry Team

Profile

The energy field is transforming rapidly throughout the nation, no more so than in New York and New England. Harris Beach Murtha’s energy attorneys help clients throughout the country keep up with what’s new, while also providing common-sense answers to client issues. We realize the energy industry presents challenges, but we, like you, see fantastic opportunities.

Our experienced Energy Industry Team — which includes a member who was both a former Chair of the New York State Public Service Commission (PSC) and the Chief Executive Officer of the New York State Energy Research and Development Authority (NYSERDA) — regularly works in all aspects of energy law with a wide variety of clients, including generation and transmission owners, utilities, energy service companies, energy facility developers, real estate developers, retail energy providers, large commercial and industrial customers and governmental entities. We help these private and public entities successfully achieve their energy initiatives.

In addition to a rich history serving clients in the fossil-fuel fired electric generation field, our energy lawyers advise clients on developing innovative projects that produce energy from alternative and renewable resources, such as offshore wind, solar, hydroelectric, battery energy storage, fuel cells, biomass and solid waste. That work includes cogeneration, small power production and merchant power plant development. We offer our considerable experience in federal and state energy policy and law, in addition to environmental law.

Our firm has been involved, in various roles, in many of the major energy projects throughout New York, Massachusetts and Connecticut. We help with every phase of large and small-scale energy projects: renewable generation and transmission lines; offshore wind siting and permitting; regulatory compliance; standardized interconnection requirements and services; energy siting and permitting approvals, including environmental, land use and real estate due diligence; electric, gas and renewable contract drafting; negotiation; tax issues; public/community outreach; funding, including public finance; and more. This includes hydroelectric generating facilities, base load and peaking fossil fuel fired facilities, and nuclear energy installations.

Harris Beach Murtha has experience with municipal-owned gas and electric utilities, behind-the-meter generation, Engineering Procurement and Construction (EPC) agreements, Asset Purchase agreements (APA), Payment In Lieu Of Taxes (PILOT) agreements, Membership Interest Purchase and Sale agreements (MIPA), and all related documents.

Our knowledge and experience is particularly important in the era of New York’s Climate Leadership and Community Protection Act (CLCPA), which requires New York to obtain 70% of its electricity from renewable resources by 2030, 100% emissions-free electricity by 2040, 9,000 megawatts (MW) of offshore wind capacity by 2035, 6,000 MW of solar energy by 2025, and 3,000 MW of energy storage capacity by 2030.

Our attorneys represent regulated utilities, large commercial and industrial customers, and energy service companies (ESCOs) before the PSC on proposed increases in a utility’s electric, gas and water rates. They also routinely interact with federal and state agencies in Albany, Hartford, Boston and states throughout the country.

Clients rely on us to guide them in understanding regulatory and legal issues surrounding the energy industry and to educate them on how to comply with governmental requirements in the energy and related environmental and economic development fields. We take a multi-disciplinary approach to craft comprehensive legal solutions as unique as the private and public entities we represent, all with a goal of maximized returns on your energy investments.

Services

Transmission Line and Energy Generation Development and Siting

Harris Beach Murtha attorneys help with high-level line development and siting strategy, and we roll up our sleeves to do the nuts-and-bolts work. We help develop strategic paths for clients to engage community, business and professional leaders on the benefits of transmission line development and siting. We also help with state and federal regulatory approvals, environmental permitting and compliance, real estate issues, zoning and payment in lieu of taxes (PILOT) agreements.

Harris Beach Murtha attorneys represent developers of alternating current, high voltage direct current transmission, and other energy generation transmission, seeking state and local approvals under regulations such as the New York State Environmental Quality Review Act (SEQRA) or certification from the New York Public Service Commission (PSC) under Article VII of the New York State Public Service Law (PSL).

Electric, Gas, and Water Rate Proceedings

Our attorneys represent regulated utilities, large commercial and industrial customers and energy service companies (ESCOs) when dealing with state agencies on proposed increases in a utility’s electric, gas and water rates.

Renewable Energy

We provide extensive legal services for renewable energy companies, real estate owners, municipalities, investors and lenders in developing renewable energy projects, including distributed and utility-scale solar photovoltaic systems, wind farms, biofuel systems, hydropower systems, fuel cells and combined heat and power and commercial geothermal systems and microgrids in New York, Massachusetts, Connecticut and beyond.

The firm regularly advises municipalities and state authorities on all necessary aspects of renewable energy and microgrid development. This includes developing requests for proposals and reviewing project proposals to drafting and negotiating complex power purchase agreements, performance guarantee agreements, site leases, interconnection agreements, finance agreements, construction agreements, easement agreements, and operation and maintenance agreements. Our attorneys actively counsel municipalities on project implications and benefits of state incentive programs, including the Zero Emission Renewable Energy Credit (ZREC) and Low Emission Renewable Energy Credit (LREC) Program, Municipal Virtual Net Metering (VNM) Program, Commercial Property Assessed Clean Energy (C-PACE) Program, and the Microgrid Grant Program.

In New York, we assist renewable energy developers in siting and permitting of renewable generating facilities under State Environmental Quality Review Act (SEQRA) or Article X of the New York State Public Service Law (PSL). We provide strategic counsel to clients seeking to obtain benefits from state policy initiatives such as the former Renewable Portfolio Standard and the new Clean Energy Standard.

SEQRA for New York Energy Development Projects

In New York, energy projects below 25 megawatts require review and approval by local municipalities under the New York State Environmental Quality Review Act (SEQRA), which generally requires completion of an environmental impact assessment. Our energy lawyers provide guidance and counsel through the SEQRA process, including strategy related to project development, assisting with the evaluation of environmental impacts, and navigating the municipal zoning and land use regulations and review processes.

Offshore Wind Projects

Offshore wind is among America’s next generation of energy sources and Harris Beach Murtha attorneys represent developers, financers, investors and others in the field. We assist with environmental impact assessments, stakeholder engagement, financial structuring and funding, permitting and licensing, contract negotiating and drafting, litigation, risk management and regulatory compliance.

Zoning, Land Use and Reciprocal Easement Agreements

Our energy lawyers have deep experience helping energy developers understand and navigate complex state and local regulations, as well as community dynamics, to secure local, state and federal permit approvals so projects stay on schedule and budget.

Harris Beach Murtha attorneys offer a broad range of services, guiding clients through land development processes and contract negotiation and advising them on matters ranging from local land use law to historic preservation and eminent domain. Our attorneys also conduct seminars and workshops for clients and land use commissioners through several local, regional and state agencies.

We regularly assist energy developers with site acquisition, title, purchase agreements, joint development agreements, due diligence investigations, obtaining zoning and land use approval and permits, ordinance drafting and adoption, density and intensity of use, construction contracting and store and ground leasing.

We negotiate and obtain reciprocal easement agreements and all types of municipal agreements, including developer agreements with municipalities for the site and access to sewer and water, highway access and occupancy, construction and permanent financing and property dispositions.

Our integrated, end-to-end representation offers effective solutions in all areas of land use and zoning, including acquisition, design, regulatory compliance, approvals, construction and litigation.

Submetering

Residential electrical submetering allows electricity to be billed directly to building owners at the less expensive general-large or multiple dwellings-redistribution rate, while billing the resident is based on actual use at the utility’s direct-meter rate, thus encouraging energy conservation and increasing the building’s profitability.

We help building owners set up submetering and bill electric charges to residents based on their actual consumption. We understand the procedure for obtaining regulatory approval. In fact, our Energy legal team has successfully obtained submetering approval for hundreds of buildings throughout New York state.

We also assist property owners who are currently submetering electricity to stay in compliance with the Public Service Law, including the Home Energy Fair Practices Act (HEFPA), and the PSC’s submetering regulations (16 NYCRR Part 96), which now contain provisions for monetary penalties for noncompliance. We also help you handle any resident complaints filed with state regulating authorities.

Regulatory Compliance and Representation of Water Utilities

Our attorneys leverage regulatory experience to provide strategic counsel to some of the Northeast Corridor’s largest utilities, generation owners, large commercial and industrial customers, real estate developers, and market participants regarding government regulations and regulatory compliance.

Our energy regulatory attorneys assist clients with regulatory approval state agencies, including such matters as the transfer of regulated assets and approval of debt issuances. For example, we assisted the nation’s largest owner of nuclear generation to acquire a nuclear generation facility in upstate New York, as well as establish the nation’s first zero-emission credit program, ensuring the facility and other remaining nuclear generating units receive necessary compensation for emission-free generation.

In addition, Harris Beach Murtha serves as general counsel to two of the four largest water utilities in Connecticut. We also represent several smaller water utilities.

Our water clients rely on us for advice in corporate financing, mergers and acquisitions, long-term water supply contracts, securities law and general business transactions. For our investor-owned water companies, we provide legal support for rate making and change of control proceedings at the Public Utilities Regulatory Authority.

We also counsel on water diversion permits in proceedings before the Department of Energy and Environmental Protection, and on water quality issues in proceedings before the Connecticut Department of Public Health.

Interconnection

Harris Beach Murtha’s energy interconnection attorneys routinely advise on utility-scale clean energy projects and other operating renewable energy projects throughout New York, Massachusetts, Connecticut and the nation. They’re knowledgeable and experienced in assisting clients with the complex process to connect energy generating facilities – including solar, offshore wind, and other renewable energy resources – to the transmission grid that delivers electricity to homes and businesses.

Speed matters when it comes to the interconnection process and completion of successful renewable energy projects. Delayed projects incur unnecessary costs or failing to reach commercial operation. Lengthy interconnection queues have increased the time for completion of the necessary interconnection analyses and studies. Some projects take years for approval, and necessary upgrades to transmission lines or substations may take even longer. Because of costly upgrades or lengthy delays in the interconnection or siting and permitting processes, developers often abandon once-promising renewable energy projects.

Many of the delays can be eliminated or shortened, and our experienced energy attorneys help developers manage and expedite the interconnection process, which is governed by a series of tariffs, manuals and legal/regulatory requirements. We routinely work in Albany, Boston and Hartford with regulatory agencies. In addition, we have experience with federal agencies, local municipal zoning and planning boards, and political bodies and courts at all levels.

Our attorneys have served in state and national leadership roles on energy issues, including an attorney who served as chairman of the New York State Public Service Commission (PSC), president of the New York State Energy Research and Development Authority (NYSERDA) and member of the National Association of Regulatory Utility Commissioners (NARUC) Electricity Committee. This is valuable experience when understanding and navigating the complex approval and regulation requirements.

Battery Storage

Increasingly, renewable energy resources, such as wind, water and solar, are the chosen power sources of governments and developers. While the societal benefits are numerous, from less pollution to slowing global warming to lower long-term costs than the traditional alternatives, challenges exist. Our nation’s antiquated infrastructure is strained by the introduction of new power generation, transmission and distribution technologies. Also, wind, solar and hydro projects are at the mercy of the elements, making it difficult to generate what is needed when and where it is needed most. This can be particularly worrisome to energy-intensive businesses that need reliability to operate.

That’s why battery storage systems are so important; stored energy can be released when demand is high. Their importance to our nation’s renewable energy success was magnified when the Inflation Reduction Act (IRA) offered tax credits to encourage the development of renewable energy storage systems. But even with tax incentives, developers still face challenges with siting, financing, zoning and regulatory compliance.

Harris Beach Murtha’s Energy Industry Team possesses extensive experience – in New York, Massachusetts, Connecticut and nationally -- and deep understanding of all aspects of the industry, including due diligence, siting, financing, incentives, storage, interconnection and more. Our experienced battery storage attorneys help deliver complex and innovative solutions to the challenges confronting battery storage operators.

Retail Energy Markets

Our energy attorneys assist energy service companies (ESCOs) in obtaining necessary regulatory approvals to allow them to sell electricity and natural gas to residential, small commercial and large commercial and industrial customers throughout the nation.

We leverage our regulatory experience to handle inquiries and investigations from regulators, as well as complaints from customers. We also provide our clients with tax advice and coordinate marketing arrangements and merchant power arrangements on their behalf.

Public/Community Outreach

Our Energy Industry Team includes former high-ranking government officials who help clients develop strategic paths to engage business and professional leaders in developing consensus for their projects. The team is experienced in engaging local and regional economic development advocates to work for positive job growth.

Led by a former head of both the New York State Public Service Commission (PSC) and New York State Energy Research and Development Authority (NYSERDA), our team of energy attorneys has the knowledge of government revenues and expenditures to help develop key messaging around how the community will benefit with new jobs, financial gains, priority infrastructure improvements and new economic development opportunities.

Lobbying Compliance

It is critical to understand rules governing lobbying regulation and compliance. Our team has full grasp of state, county, city and local lobbying laws and provides counsel to energy companies and developers on interpreting and complying with those regulations.

We help with registering organizations and employees as lobbyists, preparing and filing disclosure reports, responding to audits and complying with state and city gift bans. We monitor ever-changing regulations and provide in person or webinar trainings, quick reference guides and other educational materials to help you stay in compliance.

Top-tier in-house lobbyists from a variety of companies, associations and nonprofits rely on Harris Beach Murtha attorneys and their decades of experience and keen understanding of the complexities and quirks of lobbying laws.

Environmental, Social and Governance (ESG)

ESG considerations are increasingly driving public investment. Governments are setting sustainability goals and seeking not only a return on investment, but positive environmental and social outcomes. Green infrastructure projects and renewable energy initiatives are increasingly the norm.

Our energy lawyers support clients seeking to navigate and strategically integrate aspects of ESG into core business strategies, governance and risk-management. In addition to helping our clients understand, prepare for and comply with emerging laws and regulations, we also help them realize the benefits and risks related to ESG.

Understanding and managing ESG and marketplace expectations is critical for businesses. Successfully addressing ESG initiatives can impact customer and public perceptions, investor support, attracting and retaining talent and profitability. Our experience across industries, governmental sectors, board and corporate governance, and investor and stakeholder engagement, enables us to analyze our clients’ unique business needs and attributes, and help them craft a successful approach to ESG.

Experience

Transmission Line and Energy Generation Development and Siting

  • Serve as outside counsel to a New York energy company on a variety of matters from regulatory and environmental to corporate, litigation, land use and real estate. Secured two CECPNs under PSL Article VII to construct, operate and maintain electric transmission facilities; several PSC approvals under PSL Sections 68 and 70 to exercise franchise agreements and secure the real and personal property necessary to construct those projects; financing approval under PSL Section 70; and related approvals for EM&CPs. In addition, Harris Beach Murtha’s energy attorneys have assisted New York Transco in environmental compliance matters during construction of these projects.
  • Represented transmission company in the negotiation of a ground lease for an existing 55-mile utility right-of-way to construct and develop a new 345 kV transmission line and related substation facilities and related asset purchase agreement to acquire existing transmission line equipment within the right-of way, secure temporary construction access and obtain easement rights to various substation facilities.
  • Successfully represented transmission developer in a related application to the PSC for a CECPN pursuant to PSL Article VII for an approximately 12-mile upgrade of certain electric transmission infrastructure, including a new 115 kV line and rebuilt substation.
  • Represented developers in negotiations for the acquisition of transmission and generation assets, both real and personal property, from various utilities using asset purchase and equity purchase structures.
  • Represented electric transmission company in negotiation of $353 million EPC contract for electric transmission line and substation upgrade project.
  • Represented a transmission developer seeking to satisfy identified Public Policy Transmission Needs (PPTN) in prior and ongoing Public Policy Transmission Planning Processes (PPTPPs) at the PSC and the New York State Independent System Operator, Inc. (NYISO).
  • Advised transmission owners on PSC regulatory compliance.
  • Represented electric transmission company in negotiating engineering and construction management contracts for electric transmission facility upgrade project.

Renewable Energy

  • Serve as strategic advice counsel for NextEra’s New York solar projects. We have provided regulatory and compliance advice, assisted in due diligence matters and represented the client in various distribution generation solar facility projects on Long Island.
  • Represented a developer of the first, solar only Article 10 project (90 megawatt) seeking certification for the facility from the New York State Board on Electric Generation Siting and the Environment under Article 10 of the Public Service Law.
  • Represented the renewables developer seeking approval of the largest solar-only Article 10 project at the New York Public Service Commission.
  • Assisted national solar energy developer by conducting transactional environmental due diligence reviews for numerous solar project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Assisted a national energy company in acquiring over 30 solar generating facilities in New York by performing due diligence reviews of the projects in areas regarding regulatory, real property, interconnections and environmental matters.
  • Assisted a large solar products manufacturing company with financing, state agency relations and related matters.
  • Assisted numerous municipalities, school districts and commercial customers in negotiating power purchase agreements with developers for the construction of net metered and remote net metered solar generating facilities.
  • Assisted Excelsior Energy Center, LLC with a 280 MWs solar and storage project in Genesee County, New York.
  • Assisted Trelina Solar Energy Center, LLC with an 80 MWs solar project in Seneca County, New York.
  • Assisted Bear Ridge Solar, LLC with a 100 MWs solar project in Niagara County, New York.
  • Assisted Mohawk Solar, LLC with a 90 MWs solar project in Montgomery County, New York.
  • Assisted East Point Energy Center, LLC with a 50 MWs solar project in Schoharie County, New York.
  • Assisted North Side Energy Center, LLC with a 180 MWs solar project in Lawrence County, New York.
  • Assisted High River Energy Center, LLC with a 90 MWs solar project in Montgomery County, New York.
  • Assisted Watkins Glen Solar Energy Center, LLC, with a 50 MWs solar project in Schuyler County, New York.
  • Assisted Franklin Solar, LLC with a 150 MWs solar project in Franklin County, New York that was withdrawn by the developer in 2017.
  • Assisted with the Cypress Creek Renewables projects in Niagara, Orange and Albany counties in New York.
  • Assisted 174 Power Global with a 100 MWs project in Queens County, New York.
  • Represented an electric generating company offering to exchange existing notes for new notes. The transaction included a consent solicitation to amend the indenture governing the issuance of the notes to allow for a distribution to its shareholders. The exchange offer related to approximately $93 million of existing notes and the distribution was in the amount of approximately $7.5 million. Represented the energy client in all facets of this transaction and prepared all consent solicitation documents, notes and amendments to existing documents.
  • Represented a power transmission client in executing and delivering an Asset Purchase Agreement to purchase plans and specifications for the development of a component in the construction of a new power transmission line to alleviate power needs in downstate New York.

Offshore Wind Projects

  • Serve as counsel to an offshore wind developer, Sunrise Wind, for the New York-jurisdictional component of the electric transmission facilities (both onshore and offshore) from the Sunrise Wind offshore wind farm to the state’s electric grid in Suffolk County. Secured the first-ever unopposed Article VII CECPN for an offshore wind-related transmission project in the state on Sunrise Wind’s behalf and continue to assist Sunrise Wind with its pending application for an Environmental Management & Construction Plan (EM&CP) to construct the project. Also providing real estate, public finance, corporate and other legal services to Sunrise Wind for this project.
  • Assisted developers in siting several wind projects including the siting of the first utility-scale project at 120 MW in NYS.
  • Represented the first community-owned wind project in New York on interconnection and other real property matters.
  • Successfully advised a developer in connection with two offshore wind solicitations issued by NYSERDA.
  • Advised major energy company on proposal to develop, permit, construct and operate a 104-MW wind energy project in Steuben County, New York – including preparation of applications under PSL Articles VII and 10.
  • Secured a PSC determination that further regulatory review under PSL Section 70 was not required before a renewable developer could acquire ownership of development plans to construct a wind electric generating facility.
  • Provided SEQRA assistance to Steuben County IDA on the review and approval of four wind farm developments located on approximately 100 square miles and currently representing the Steuben County IDA in an Article 10 review of proposed 242 MW wind farm project.
  • Represented defendant in defense of multi-million-dollar claim alleging breach of an Interconnection Agreement related to wind farm project.
  • Advised energy and environmental clients on matters concerning the generation, transmission and delivery of energy resources in New York, including renewables such as wind and solar power.
  • Conducted due diligence for developers and lenders in connection with acquiring solar and wind projects.
  • Assisted developers in siting several wind projects, including the siting of the first utility-scale project at 120 MW in New York.
  • Represented the first community-owned wind project in New York on interconnection and other real property matters.
  • Assisted Community Offshore Wind with regulatory issues.
  • Assisted Eight Point Wind, LLC with a 102 MWs wind project in Steuben County, New York.
  • Assisted Cape Vincent Wind Power with a 200 MWs wind project in Jefferson County, New York that was withdrawn by developer in 2014.
  • Completed environmental due diligence for a private equity fund in connection with the acquisition and transfer of environmental permits for a 520 MW gas-fired combined cycle generating facility. Obtained siting approval and assisted with securing the air permit for a 350 MW dual-fuel simple cycle peaking facility.
  • Assisted a renewable energy developer in obtaining siting approval and environmental permits for a 30 MW circulating fluidized bed biomass gasification facility.
  • Performed environmental due diligence for a private equity fund in connection with a $1.3 billion acquisition of 1,400 MW of hydroelectric, jet-powered and coal-fired generation facilities.
  • Represented client in connection with EPA unilateral order to cease discharging silt and sediment during a hydroelectric plant dewatering outage and in connection with a negotiated Administrative Consent Order with Massachusetts DEP to remove silt/sediment from the Connecticut River.
  • Provided legal advice to a merchant power plant developer related to the planning, permitting and construction of the largest merchant power plant in Connecticut, a 792 MW dual-fuel combined cycle generation facility, including obtaining non-attainment New Source Review and Prevention of Significant Deterioration permits and NOx offsets.
  • Assisted unregulated utility subsidiary in acquiring approximately 2,300 MW of fossil fuel-fired generation assets at multiple locations. Obtained siting approvals for an additional 240 MW of peaking generation at two facilities. Continue to assist client with environmental compliance, remediation issues and the development of a 544 MW dual fuel combined cycle facility and additional peak load capacity.
  • Represented global power plant developer in connection with the permitting and development of the largest cogeneration facility in Connecticut, a 181 MW coal-fired circulating fluidized bed boiler for the production of electricity and industrial steam. Continue to assist client with operational and environmental compliance issues.
  • Helped an Ivy League university with new source air permitting for a 13.5 MW central power plant consisting of three small gas turbine/duct burner units, three peaking gas internal combustion engines and a large boiler. Obtained siting approval for a fuel cell in a combined heat and power application.
  • Coordinated project planning, siting, permitting and financing for four municipal waste combustor facilities, totaling 162 MW.
  • Performed environmental due diligence and evaluated permitting requirements on behalf of an international private equity fund in connection with the acquisition of a submerged electric transmission line.
  • Assisted a national energy company with environmental permitting issues associated with the acquisition of a 400 MW pulverized coal-fired electric generating facility and a dual fuel-fired 466 MW facility. Developed permit modification strategy to allow facility to comply with new air pollution regulations that required significant modifications to the coal-fired facility.
  • Represented numerous clients with the permitting and development of electric generating facilities, including combined heat and power and distributed generation projects ranging in size from 1.2 MW to 350 MW.

Regulatory Compliance and Representation of Water Utilities

  • Served as lead counsel for the renewables developer who filed the first ever solar-only Article 10 project with the New York State Board on Electric Generation Siting and the Environment.
  • Represent large and small-scale solar energy developers in all aspects of development and siting, including responding to requests for proposals, negotiating power purchase agreements, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Represent distributed energy resources (DERs) on various regulatory issues, including registration with the PSC, drafting subscription and sales agreements, and ongoing compliance with relevant energy laws and regulations.
  • Represent large and small-scale renewable energy/clean energy developers in all aspects of development and siting, including responding to requests for proposals, negotiating power purchase agreements and agreements with NYSERDA, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Secured PSC approval for a Community Choice Aggregation program.
  • Represented natural gas and electric utilities in several proceedings before the PSC, including a major rate case and acquisition case.
  • Secured PSC approval to transfer regulated assets for numerous clients.
  • Represent energy service companies (ESCOs) on various regulatory issues at the PSC, including submission of annual and triennial compliance filings, responses to customer complaints and responses to Notices of Apparent Failure and Orders to Show Cause.
  • Represented a nationwide organization of more than 20 ESCOs and secured an order vacating certain provisions of a PSC order that, as the reviewing court stated, would have “amount[ed] to a major restructuring of the retail energy market—or even its collapse.”
  • Represent developers and building owners in tariff negotiations with local distribution utilities to secure proper utility service to newly constructed and existing properties.
  • Secured PSC approval to transfer regulated assets, such as an electric generating facility, for several clients.
  • Served on legal team that secured a PSC determination that further regulatory review under Public Service Law Section 70 was not required, allowing a renewable energy developer to acquire ownership of development plans to construct a wind electric generating facility.
  • Defended energy companies under investigation by the NYS Office of the Attorney General’s consumer fraud bureau involving allegations of violations of GBL §§349, 349-d and 350 concerning deceptive sales practices, which were resolved through negotiation and the execution of an Assurance of Discontinuance.
  • Defended a utility company before the Joint Commission on Public Ethics (JCOPE) alleging multiple violations of the gift ban under New York’s lobbying law; reviewed and revised the company’s policies and procedures regarding entertainment of public officials; and trained company employees on the new policies.
  • Represent major utility clients with cybersecurity matters involving federal and state agencies, including compliance with New York State’s Department of Financial Services.
  • Assisted an energy organization when outsiders obtained access to email systems, file servers and databases without authorization. Directed initial investigation by retaining and instructing forensic investigators to identify the root cause and scope, assisting with the legal and contractual breach notification obligations, and improving the organization’s security plan to reduce the risk of future events.

Battery storage

  • Represented Key Capture Energy and received approval for a 150 MW BESS project in the Town of Islip.
  • Negotiated a per MW PILOT on behalf of Bloom Energy for a Fuel Cell facility with the Town of Brookhaven IDA. That was handled pursuant to the Town’s standards per MW calculation for generation that the Town created for Solar.
  • Represent a battery storage developer in connection with the various regulatory requirements for two proposed facilities in New York City.
  • Represented Key Capture Energy on a portfolio of projects totaling more than 250 MWs in Suffolk County, New York.
  • Represented 174 Power Global on projects totaling 100 MWs in Queens County, New York.

People

Team Leader(s)

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeachmurtha.com

Team

Javid Afzali

Member
(518) 701-2775
jafzali@harrisbeachmurtha.com

Christopher A. Andreucci

Member
(585) 419-8606
candreucci@harrisbeachmurtha.com

John J. Anzalone

Member
(516) 880-8108
janzalone@harrisbeachmurtha.com

Daniel R. Canavan

Member
(203) 772-7749
dcanavan@harrisbeachmurtha.com

Susan M. Crossett

Consultant
(315) 214-2044
scrossett@harrisbeachmurtha.com

Michael J. Donnelly

Member
(860) 240-6058
mdonnelly@harrisbeachmurtha.com

Jodie L. Driscoll

Member
(203) 772-7748
jdriscoll@harrisbeachmurtha.com

Terrance P. Flynn

Member
(716) 200-5120
tflynn@harrisbeachmurtha.com

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeachmurtha.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeachmurtha.com

Francis L. Gorman, III

Member
(585) 419-8628
flgorman@harrisbeachmurtha.com

Raquel Herrera-Soto

Associate
(203) 772-7736
rherrerasoto@harrisbeachmurtha.com

Seth T. Hiland

Member
(607) 330-7721
shiland@harrisbeachmurtha.com

Gene J. Kelly

Member
(518) 701-2740
gkelly@harrisbeachmurtha.com

Alyshia L. Korba

Law Clerk
(518) 701-2705
akorba@harrisbeachmurtha.com

Jeffrey D. Kuhn

Member
(518) 701-2746
jkuhn@harrisbeachmurtha.com

Melanie C. Marotto

Member
(716) 200-5230
mmarotto@harrisbeachmurtha.com

Sean M. McCabe

Member
(585) 419-8571
smccabe@harrisbeachmurtha.com

Bruce L. McDermott

Member
(203) 772-7787
bmcdermott@harrisbeachmurtha.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeachmurtha.com

Jennifer L. Morgan

Member
(203) 772-7735
jmorgan@harrisbeachmurtha.com

Michael F. Nozzolio

Counsel
(585) 419-8648
mnozzolio@harrisbeachmurtha.com

Daniel J. Palermo

Member
(585) 419-8946
dpalermo@harrisbeachmurtha.com

Cynthia C. Robertson

Senior Counsel
(315) 214-2037
crobertson@harrisbeachmurtha.com

Jack J. Robey

Associate
(518) 701-2776
jrobey@harrisbeachmurtha.com

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