Energy

Industry Team

Led by a former head of the New York State Public Service Commission and New York State Energy Research and Development Authority, our robust Energy Industry Team of regulatory and environmental attorneys has made Harris Beach a go-to law firm for energy issues across New York state and beyond. Our multi-disciplinary team provides strategic advice related to federal and state regulatory matters, public affairs, state and corporate compliance counseling, traditional natural gas and electric energy service providers, renewable energy businesses, public service corporations, and businesses.

Our Energy Industry Team combines the knowledge and experience of a broad range of attorney practices including environmental, corporate, commercial real estate, public and private finance, tax, and financial restructuring. Drawing upon a tremendous depth and breadth of industry experience, we take pride in helping public and private entities save money, manage risk, and capitalize on an ever-changing energy landscape.

Energy industry restructuring has given rise to significant challenges and opportunities. Ensuring compliance with evolving state and federal energy regulations, maximizing renewable and alternative energy technologies, and securing project funding are a few of the challenges organizations are facing related to the usage and development of energy. Harris Beach can help your organization navigate the legal issues surrounding restructuring, and take full advantage of leading governmental energy, environmental, and economic development programs. We take an interdisciplinary, no-time-wasted, team approach to crafting comprehensive legal solutions as unique as the energy industry developers, producers, and investors we represent.

In addition to traditional legal services, Harris Beach offers a broad range of complementary consulting services through its affiliate HB Solutions LLC. Our consultants apply their insights and experience to help clients secure a competitive advantage by overcoming operational challenges and business development obstacles, such as community resistance and regulatory issues.

Our services include:

Regulatory Compliance and Oversight

Preparing regulatory filings and structuring projects for compliance are two of the primary 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 involves land use, financing, operations, or other areas.

Environmental Matters

Our attorneys advise clients on the responsibilities, exposures, and liabilities that result from federal, state, and local environmental legislation and regulations. We guide clients through environmental impact review processes including New York’s State Environmental Quality Review (SEQR) and the myriad regulations relating to traffic patterns, air pollution, coastal areas, and wetlands.

The SEQR process is designed to limit the possible negative environmental impacts of proposed actions such as a wind farm or alternative energy project, roadway or other infrastructure improvement. Potentially impacted citizens play an important role in the SEQR process and consequently community relations is a crucial factor in this procedure. We help clients manage community concerns and sensitivities to aid in the efficient and successful completion of the environmental review process.

Utility Restructuring, Competitive Energy Markets, and Trading

Reorganization helps gas and electric utility systems compete in restructured utility markets, both in the United States and internationally. Harris Beach helps organizations enter competitive markets and cope with the changes they present.

Our attorneys structure businesses to be more competitive and profitable in current and new markets. Strategic goals can be achieved through various means, including joint ventures, new business entities, asset sales, spin-offs, divestitures, and holding companies. Our attorneys implement these initiatives, preparing all documentation, assisting your organization with compliance, and arranging for franchise, permit, and licensing requirements.

In the evolving world of complex energy transactions, we prepare contracts, implement agreements, and manage restructurings. In addition, we can coordinate marketing arrangements and merchant power arrangements.

Project Development

Harris Beach manages projects from initial planning stages through completion. Securing regulatory approvals, negotiating contracts, and environmental permitting are just 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 wide-ranging 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.

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 $100 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 also provide our clients with the tax advice they need to run the day-to-day operations of their businesses as well as handle unusual tax transactions.

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 broad 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 intense media attention. The marketing and communication services team at Harris Beach’s consulting affiliate HB Solutions LLC 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 team works with clients to enact longer-term plans to preserve their public image and instill community confidence.