| Securing project funding, maximizing renewable and alternative energy technologies, and ensuring compliance with evolving state and federal energy regulations are a few of the challenges organizations are facing related to the usage and development of energy. At Harris Beach PLLC, we recognize key energy issues because our attorneys have significant experience in this area. Leading our energy team is a former chairman of the NYS Public Service Commission. We work with those who own, develop, purchase, or sell energy, and we represent a diverse group of clients including Fortune 100 corporations, privately-held businesses, municipalities, public benefit corporations, and not-for-profit organizations. Our practice serves alternative energy businesses, traditional natural gas and electric energy service providers, public service corporations, businesses, hotels, and universities. The multi-disciplinary team provides strategic advice related to public affairs, federal and state regulatory matters, and general compliance counseling. This energy industry team also combines the knowledge and experience of attorney practices in: environmental, corporate, commercial real estate, public finance, tax, financial restructuring,and more. Our services include: Regulatory Compliance and Oversight
Preparing regulatory filings and structuring projects for compliance are two of the services Harris Beach offers to clients in this area. We counsel clients on all statutes governing the industry, including the Federal Power Act, the Public Utility Regulatory Policies Act, the Energy Policy Act, and the Natural Gas Act and can serve as expert witnesses in regulatory proceedings. To assess impact on our clients, we regularly monitor or attend legislative hearings and committee meetings. This connection helps us to resolve regulatory issues and maintain compliance, whether the project entails land use, financing, operations, or other areas. Utility Restructuring
Reorganization helps gas and electric utility systems to better compete in the deregulated utility markets, both in the United States and internationally. Our attorneys structure businesses to be more competitive and profitable. Strategic goals can be achieved through various means, including joint ventures, new business entities, asset sales, spin-offs, divestiture, and holding companies. Our attorneys implement these initiatives, preparing all documentation, ensuring compliance, and arranging for franchise, permit, and licensing requirements. Competitive Energy Markets and Trading
In the evolving world of complex energy transactions, we prepare contracts, implement agreements, and manage restructuring. In addition, we can coordinate marketing arrangements and merchant power arrangements. Project Development
Harris Beach manages projects from initial planning stages through to completion. Securing regulatory approvals, negotiating contracts, and environmental permitting are a few of the services we deliver. Among the many project agreements we can implement are: power purchase, interconnection, steam supply, construction, maintenance, administrative, fuel supply, and equipment. Commercial Real Estate and Project Management
We represent clients in the acquisition, disposition, development, leasing, and financing of property. Our attorneys have negotiated numerous settlements involving regulated and non-regulated utilities. To address these matters, our multi-disciplinary team counsels clients on all aspects of a project, including purchase and sale agreements, zoning and development approvals, architectural and construction contracting, bid process, permitting, labor disputes, joint ventures, financing packages, equity and syndications, and the formation of the appropriate entity structures to implement transactions. Our attorneys are at the forefront of current issues, including condemnation powers governed by New York’s Eminent Domain Procedure Law (EDPL). Harris Beach has extensive experience representing clients in condemnation proceedings, coordinating public hearings, arbitrating disputes, building coalitions, providing real property valuation litigation, and serving as litigation counsel when needed. Environmental Matters
Our attorneys advise clients on the responsibilities, exposures, and liabilities that result from federal, state, and local environmental legislation and regulations such as the Clean Air Act. We guide clients through environmental impact review processes including the State Environmental Quality Review Act (SEQRA) statute and the myriad regulations relating to traffic patterns, air pollution, coastal areas, and wetlands. Public Finance and Economic Development
Our attorneys have extensive experience in the administration and capture of business tax incentives. On a daily basis, this group works on complex projects at the state and federal levels involving Private Placements, Public Offerings, IPOs, Rule 144A Transactions, Taxable and Tax-Exempt Bond Financing, Payment-in-Lieu-of-Tax (PILOT) Increment Financing, Tax Increment Financing, Brownfield Redevelopment Tax Credits, New Market Tax Credits, Empire Zone Credits, and Empowerment Zone Incentives. Harris Beach has rendered opinions in thousands of transactions, involving in excess of $95 billion aggregate principal amount of tax-exempt obligations. Our attorneys have acted as bond counsel and underwriters' counsel for a wide variety of competitively bid public financings involving general obligation bonds, revenue bonds, and refundings thereof (including water, sewer and solid waste, infrastructure, industrial development, local furnishing of gas and electricity, and public power). Our attorneys provide counsel on debt limitation, reserve requirements, issuance authority, disclosure requirements, rating agency concerns, qualifying investment candidates, and other bond-related issues. Corporate and Tax Planning
From the formation of bidding requirements and financing to the negotiation of acquisition agreements, contracts, and indemnification, our attorneys handle all areas of joint ventures, divestitures, mergers, and acquisitions. We counsel clients on all aspects of federal, state, and international taxation and address the tax enhancements of bid evaluations, multiple tax-jurisdiction acquisitions, alternative energy tax credits, and more. Employee Benefits, Labor, and Employment
Harris Beach handles all aspects of labor and employment law and litigation, including collective bargaining, negotiations, union organizing, labor contract administration, employment discrimination, employee benefits, occupational safety and health, transitional liability for labor and pension obligations following acquisitions, and personnel policies. Our attorneys have extensive trial experience with all types of discrimination, including age, gender, sexual harassment, national origin, race, religion, and disability matters. Communications and Crisis Management Services
Breakdown of a power delivery system or a serious accident can quickly accelerate into a severe crisis with extensive media attention. The communications team at Harris Beach has helped many organizations handle controversial and unexpected situations by developing strategies and quickly implementing them to convey an organization's actions in the most positive light and minimize reputation damage. On a proactive basis, the group works with clients to enact longer-term plans to preserve their public image and instill community confidence. |
