Industries & Practices
Natural Gas Pipeline Siting
Assisted three entities in siting natural gas pipeline in Ohio.
Generation supply siting of approximately 4000 MW
Assisted four developers of combined cycle power plants in successfully siting generation facilities in Ohio totaling approximately 2400 MW. Assisted three wind farm developers in siting approximately 1600 MW of electric generation in Ohio.
Litigation and successful appeal of an electric security plan to the Ohio Supreme Court
Represented the Northeast Ohio Public Energy Council (NOPEC) in multi-year regulatory litigation opposing an energy company’s proposed affiliate power purchase agreement and subsequent distribution modernization rider in an electric security plan valued at over $1 billion. Successfully appealed the PUCO’s approval of the distribution modernization rider to the Ohio Supreme Court, which order the rider immediately removed from the energy company’s electric security plan.
Electric procurement and contract for 800 MW supply
Negotiated affinity agreement and electricity procurement for an affinity group of commercial customers totaling up to approximately 800 MW.
Immediate access to construct interstate gas pipeline
Served as appellate counsel in an appeal from a federal district court order granting a natural gas pipeline company immediate access to property in order to construct the pipeline. This was a case of first impression for the Sixth Circuit, as it considered whether to adopt the Sage approach. The Sage decision is the seminal case that outlines the process for obtaining injunctive relief to begin construction of a FERC-approved pipeline while the underlying condemnation/valuation case proceeds.
OFCC K-12 Project on State University Campus
Served as counsel for a recently consolidated school district for a $42 million K-12 OFCC (state) co-funded project on the campus of a state university, with the local share bonds sold to the USDA.
Energy generation facility counsel
Represent Apex Power Group before the Ohio Power Siting Board (OPSB) for the proposed Guernsey Power Station, a 1650-megawatt, natural gas-fired energy generation facility. In 2017, the project received approval to construct and operate the facility. Our team continues to provide substantial regulatory, legislative, tax, permitting and real estate counsel. In addition, we resolved issues involving interconnection with the local transmission company and the Ohio Department of Natural Resources.
Wind energy certification and project modification
Represent Hog Creek Wind Farm before the Ohio Power Siting Board. The project successfully received a certificate to construct and operate a wind farm of up to 66 megawatts. We recently assisted in amending the OPSB certificate to incorporate new turbine technology and advised the project in due diligence to support its sale to a major U.S. energy company.
Oil and gas transactions and disputes
Provide Ohio-specific legal counsel to Gulfport Energy Corporation on a variety of transactional and litigation matters primarily involving title issues and oil and gas lease disputes, including several appeals.
OPSB certificate for Ohio wind project
Represented 6011 Greenwich Windpark before the Ohio Power Siting Board. In August 2014, the OPSB granted the project a certificate to construct and operate a 60-megawatt wind project in Huron County, Ohio. The firm continued to represent the project against a landowner opposition group, culminating in a successful dismissal of the challenge at the Ohio Supreme Court.
Landfill clean-up litigation
Serve as litigation counsel for the Dayton Power & Light Company relating to a clean-up of an old landfill pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Clean-up at the site could exceed $100 million, involves dozens of parties and has a long procedural history.
Cleveland-area solar farm development
Represented Cuyahoga County in closing a $10 million financing transaction for the development of a solar farm on former landfill property near Cleveland. The solar farm covers 17 acres and consists of over 35,000 panels – the largest in the state. Likewise, the firm negotiated several related agreements, including a 30-year power purchase agreement. The project was completed in summer 2018 and was named Solar Builder’s “2018 Gold Project of the Year.”