Energy & Infrastructure

As energy demand, grid reliability, industrial growth, data center development, and public policy pressures reshape the energy and infrastructure landscape, clients need counsel that can integrate regulatory strategy, project execution, and commercial judgment. Smith Anderson helps energy, utility, industrial, and infrastructure clients move complex projects from concept to operation. Our team has long served Fortune 250 investor-owned utilities and their affiliates, while also representing developers, private equity firms, municipalities, cooperatives, technology companies, lenders, investors, and other market participants across the United States. We advise on power generation, renewables, battery storage, grid interconnection, natural gas, nuclear energy, industrial and manufacturing facilities, data center development, and other major construction projects, supported by coordinated regulatory, transactional, real estate, environmental, construction, and finance counsel.

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The team combines cross-disciplinary legal experience with practical industry and public-sector insight, including senior utility and public power leadership roles, Capitol Hill energy policy experience, and environmental enforcement and regulatory experience with the North Carolina Department of Justice and Department of Environmental Quality. Our lawyers have helped shape and challenge major industry developments, including energy policy panels, investment tax credit disputes, cost-recovery matters, and data center moratoriums.

The team also includes one of the state's leading government relations consultants for energy matters and advises clients on the regulatory and public policy issues that shape the energy and infrastructure sectors. We regularly assist clients with agency proceedings, legislative and executive branch advocacy, land use regulation, environmental matters, regulatory compliance, and other government affairs issues that can significantly impact project development, construction, and operations.

As part of a full-service business and litigation firm, our Energy team draws on M&A, tax, employment, finance, real estate and other practices to help clients address commercial, regulatory, construction, financing and operational issues throughout the project life cycle.

Clients turn to Smith Anderson for practical, senior-level guidance on matters where legal, regulatory, political, environmental, real estate, construction and financing issues intersect. We help clients anticipate obstacles, coordinate workstreams, and move projects forward in a business-focused way.

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Services

• Project Planning, Siting & Approvals
• Transactions, Finance & Tax Incentives
• Construction, Procurement & Project Delivery
• Regulatory, Government Relations & Public Policy
• Operations, Commercial Agreements & Disputes

EPC, EPCM & Major Project Delivery

• Represented a Fortune 500 company on a design-build engineering, procurement, and construction agreement for a “next generation” nuclear power plant project estimated at $4 billion.
• Represented a Fortune 250 company in negotiating and preparing EPC agreements for numerous solar facilities totaling approximately 215 megawatts of capacity and $350 million in capital investment.
• Represented a Fortune 250 company in negotiating and preparing EPC agreements for three solar facilities totaling 128 megawatts of capacity.
• Represented an owner in preparing and negotiating an EPC agreement for a planned alternative fuel manufacturing facility with an estimated value of $80 million.
• Represented an international biotechnology corporation on EPCM agreements and construction and procurement-related agreements for chemical manufacturing facilities, including a planned facility estimated at approximately $600 million and three additional facilities valued at approximately $130 million, $50 million, and $40 million.
• Represented an international biotechnology corporation in negotiating multiple EPCM agreements and construction contracts for the design and construction of 14 research and development facilities built in North and South America, totaling approximately $100 million in capital investment. 

Energy Infrastructure Development & Transactions

• Advised on the acquisition, development and disposition of utility-scale solar facilities and utility-scale battery energy storage systems for investor-owned utilities, developers and their affiliates.
• Negotiated utility-scale BESS power supply agreements for an investor-owned utility and advised on the acquisition and development of battery energy storage facilities for surplus interconnection service.
• Advised on the acquisition, development, and disposition of multiple distributed generation facilities fueled by traditional and renewable resources for investor-owned utilities and their affiliates.
• Designed, negotiated, and administered renewable power purchase agreements for investor-owned utilities.
• Negotiated supply chain agreements for independent power producers.
• Advised on the acquisition and development of landfill methane projects, including investment, tax, and strategic planning issues, and negotiated steam, natural gas, and electric power service agreements for industrial customers.
• Advised electric utility and natural gas distribution companies on acquisitions, development, dispositions, condemnations, and regulatory compliance. 

Grid, Interconnection, Real Estate & Regulatory

• Counseled electric power suppliers on NC REPS implementation and compliance and advised independent power producers regarding third-party sales limitations.
• Appealed to the North Carolina Supreme Court an NCUC decision rejecting recovery of a basic facilities charge for end-use customers by a public utility.
• Negotiated credit facilities for specialty lenders to developers of renewable generation facilities and renewable natural gas facilities.
• Advised clients regarding tax and other incentives arising from renewable energy project development under federal and state law, including direct spending and tax incentive provisions in the American Recovery and Reinvestment Act of 2009 and federal grant application and execution work under the Smart Grid Investment Grant program. 

Technology, Innovation & Emerging Energy

• Represented a nuclear energy company in multiple licensing and collaboration transactions related to the development and commercialization of new nuclear reactor technology and related intellectual property.
• Represented a nuclear energy consulting service provider in various consulting and licensing transactions related to new nuclear facility projects in various countries
• Advised regarding structuring and licensing of an AI-based interface for coordinating efficient information exchange regarding nuclear facility safety and operational data
• Represented a NYSE-listed energy company in a strategic alliance with an on-site power generation systems company for repowering a 30-megawatt project involving distributed generation systems at two sites.