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.

Successfully assisted Oregon Clean Energy LLC in the acquisition of a certificate from the Ohio Power Siting Board in May 2013 to begin construction on the 799-megawatt Oregon Clean Energy Center, a natural gas-fired combined-cycle generating facility located in Oregon, Ohio. Our firm continues to provide significant tax, real estate and construction counsel on the project. Additionally, we are representing the project before the OPSB to amend its certificate to reflect changes in facility design.

Provided comprehensive legal counsel to Clean Energy Future regarding the construction and operation of an 800 MW natural gas-fired combined-cycle power plant in northeast Ohio (Lordstown, Mahoning County, Ohio). We successfully represented the client through all phases of the Ohio Power Siting Board, including public hearings, OPSB staff investigations and an adjudicatory hearing, which resulted in the issuance of a certificate from the OPSB. In addition to the regulatory work, the firm served as Ohio counsel responsible for assisting with a closing in excess of $890 million of debt and equity financing for the construction of the project. This transaction involved extensive counsel on real estate, environmental and tax issues, including: real estate due diligence; title curative work; property acquisition and easement negotiations; document preparation; and work with lenders, equity investors, oil and gas companies, and the title insurer on title commitment and title insurance policy matters. Bricker continues to serve as Ohio counsel on the project, providing advice on all state regulatory, environmental and real estate matters.

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.

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. 

Assisted in closing in excess of $500 million of debt and equity financing for the construction of an Ohio-based 800 MW electric generation plant on behalf of an energy company. This transaction involved dozens of parties including lenders, equity investors, land sellers, railroads, gas pipeline companies, governmental entities, a title insurer and others.

Monitored a case involving Bricker attorneys and successfully represented one of the nation’s largest energy producers and transporters, Dominion East Ohio. In a case that involved a natural gas supplier that placed restricted covenants on property deeds, forcing all owners and lessees to buy gas from it. The supplier sued Dominino when a commericial customer tried to enter into a new retail supply agreement with them. Courts struck down the covenant for lack of consideratinos and ruled the restriction as a violation of Ohio public policy.

Assisted Bricker lawyers with successfully filing an amicus curiae brief to highlight and end the dehumanizing and negative ramifications of a decades-old “eviction by affidavit” practice on behalf of a number of organizations that serve vulnerable and underserved populations. For more details, please view Bricker’s recap of the case.