Energy and Power Infrastructure

Global demands for new forms of energy and increased access to power continue to grow, while advances in energy technology progressively outpace the abilities of older energy infrastructures. At this critical moment, the energy and power infrastructure industries face substantial opportunities and challenges that may require the assistance of an experienced, forward-thinking legal team.

Snell & Wilmer regularly represents the companies that design, build, operate and maintain power plants and energy assets. Our power and energy infrastructure practice dates back to the 1930s, when our young firm served as counsel to several electric utility companies. Though our practice has grown over the years to meet the increased needs and development of the energy infrastructure sector, we continue to offer our energy and infrastructure clients an in-depth understanding of their businesses and the legislation and regulations that affect their industry.

Our energy and power infrastructure services extend to and beyond the following areas:

• Bonds, securities and public finance
• Capital formation and structured finance
• Drafting and negotiating complex construction contracts
• EPC, EPCM and a variety of design-build delivery methods
• Governmental relations
• Land use and zoning
• Concessionaire and development agreements
• Maintenance and operating agreements
• Regulatory and environmental permitting, compliance and authorization
• Site acquisition and entitlements
• Structure and organization of corporate entities, joint ventures and partnerships
• Supply and off-take agreements
• Tax-exempt, tax-increment and tax-credit financing

Our clients include the specialty contractors that design, install, repair and maintain power and energy network infrastructures; electric transmission companies; oil, gas and water pipeline companies; general distribution and transportation companies; regulated and unregulated power companies and utilities; and other types of companies involved in the oil, gas, coal and renewable (including wind and solar) industries.

Comprehensive, Integrated Service: Snell & Wilmer provides a wide range of finance, development and infrastructure services. Our attorneys have experience at every stage of an energy or power-related project, from initial conception to obtaining regulatory approvals; drafting and negotiating business ventures; documenting power-purchase, intergovernmental arrangements and other business agreements; and providing counsel on construction, operational and management issues. We also assist our power and energy clients in creating tax-efficient structures that provide access to capital markets, and in obtaining federal or state financing assistance. Our energy and utilities attorneys also regularly consult our business and finance attorneys in matters pertaining to the more complex areas of finance, credit and lending.

Representative energy and power infrastructure matters include:

• Siting, procurement and construction of a 2,100-MW generating facility
• Agreement for plant site, water rights, air quality credits and permitting associated with construction of a 550-MW power plant
• Negotiation of acquisition, financing and development of an Asia off-shore natural gas field
• Development, financing and construction of several domestic and international gold, silver and precious metals mines
• Development of a large oil and gas gathering system, including pipeline, rail and EPC contracts, for an oil and gas field
• Power purchase agreement for a utility-scale 280-MW solar thermal generation facility
• Venture capital financing for oil, shale and coal conversion process
• Major transmission line project in Nevada
• Representation of pipeline companies and respective owners/providers in the planning, siting, permitting, condemnation, construction, installation and operation of intra- and inter-state pipelines for the transmission of water, oil and gas and other products to market
• Special district bond financing for infrastructure including highways, roads, utility and related infrastructure for large new developments
• $4 billion Renewable / Solar Energy Purchase and Sale Agreement between public utility and special purpose entity
• $200 million buy-side acquisition of an Arizona-based power plant by public utility
• $215 million sell-side sale of Nevada-based power plant by utility holding company
• Developer side acquisition with respect to 545 MW natural gas fired power plant
• Developer side financing and structuring of an international, multi-billion dollar liquefied, natural gas project
• Developer side in connection with a multi-million dollar interstate natural gas storage project using state land and underground storage