Energy

Industry Team

Led by the only former head of both the New York State Public Service Commission and New York State Energy Research and Development Authority, our robust Energy Industry Team of multi-disciplinary attorneys has made Harris Beach the go-to law firm for energy and related issues across New York state and beyond.

Our Energy Industry Team combines the knowledge and experience of a broad range of relevant practice areas. Drawing upon our extensive 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 helps organizations 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, investors and end-users we represent.

Our services include:

Competitive Markets Proceedings

Our attorneys help structure businesses to be more competitive and profitable in current and new markets in the US and internationally. Strategic goals can be achieved through various means, including joint ventures, new business entities, asset sales, spin-offs, divestitures and holding companies. We implement these initiatives, preparing all documentation, assisting organizations with compliance, and arranging for franchise, permit and licensing requirements. We also provide our clients with tax advice and coordinate marketing arrangements and merchant power arrangements on their behalf.

Economic Development Incentives

Governmental and quasi-governmental agencies offer economic development incentives to attract business activity, retain employment, encourage investment and revitalize distressed districts or regions. We provide a full range of services to facilitate identifying, securing and managing federal, state and local economic development incentive programs for clients doing business in New York state.

We represent some of New York’s largest commercial users in PSC proceedings regarding RPS and SBC policy issues, and facilitate their participation in RPS, SBC and NYSERDA-administered economic incentive programs aimed at increasing efficiency and productivity, and reducing environmental impact. The firm’s experience includes assisting a large international retail chain in understanding and participating in RPS programs in New Jersey and throughout New England.

Electric, Gas and Water Regulatory Proceedings

Harris Beach attorneys represent electric, gas and water industry clients in rate cases and related issues before the New York State Public Service Commission (PSC). We assist clients with rate filing applications, as well as all aspects of PSC investigations or litigation should they occur. We also routinely assist clients with obtaining PSC approval for allocation of property tax refunds, and transfer of regulated assets.

Regulatory Compliance and Oversight

Harris Beach energy and compliance attorneys have experience as executives at various state regulatory agencies and authorities. This experience includes former service as a chairman of the New York State PSC, who was also a president of the New York State Energy Research and Development Authority (NYSERDA); a general counsel to the New York Power Authority, and an Executive Director of the New York State Ethics Commission. We leverage this and other regulatory experience and insights to provide strategic counsel to some of New York’s largest regulated utilities and market participants, and representation before federal and state administrative agencies, such as the Federal Energy Regulatory Commission, the PSC and the New York State Department of Environmental Conservation, and municipal commissions and planning boards.

As president of NYSERDA, Harris Beach Energy Industry Team leader William M. Flynn assisted in the development and subsequent administration of Renewable Portfolio Standard (RPS) and System Benefits Charge (SBC) programs in New York state. Team attorneys have participated in PSC proceedings related to the creation, modification and extension of the SBC and RPS programs in New York. We are experienced in all aspects of regulatory proceedings, including utility rates, generation siting, permitting, zoning and land use, and policy proceedings.

Harris Beach routinely counsels clients on federal and state statutes and agency regulations and orders affecting regulated industries. As regulatory matters are not always concluded at the administrative level, our firm represents clients in bringing, challenging and defending administrative determinations in court, as well as initiating cases in courts as a matter of first instance, where appropriate.

Siting and Environmental Certification

Attorneys on the Harris Beach Energy Industry Team have considerable experience representing developers seeking New York State Board on Electric Generation Siting and Environment (Siting Board) certification under Article X of the Public Service Law. This ranges from involvement with the first project to file an application and receive a certificate under the former Article X, to representing one of the first applicants under the new law reenacted in 2011. We advise developers in all aspects of the Article X siting process, from pre-application procedures and filing, to permitting and litigation support.

Non-Legal Professional Services through our Subsidiaries

Harris Beach recognizes that client solutions often involve more than just legal needs. Consequently, we offer a unique, comprehensive approach to meeting our clients’ pressing non-legal challenges through our affiliated consulting subsidiaries, HB Cornerstone LLC and HB Solutions LLC.

HB Cornerstone is a full-service owner representation consulting firm that helps organizations with real property development and management. The professionals in this group have a depth of experience in owner representation, planning and design, facilities consulting and move management, which provides a complete solution for clients seeking to build, expand or move. HB Cornerstone provides energy developers and large commercial users green building design, energy efficiency consulting and owner representation services. For example, the team provided construction cost overrun review and management services to the developer of a 635 MW state-of-the-art, natural gas fired, electric cogeneration power plant power plant in upstate New York.

HB Solutions provides consulting services to public and private organizations in a number of disciplines. For our energy industry clients, both energy market suppliers and end users, we consult on overall public affairs and communications strategies tied to their global and regional business objectives. We also work with management teams to review organizational structure as a means to streamline operational processes.

Our marketing and communications professionals provide energy industry clients communications planning, public relations, marketing tactics and overall communications support, including crisis communications and managing controversial situations. A controversial or crisis situation such as the breakdown of a power delivery system or environmental compliance issue can quickly accelerate into a severe crisis with intense media attention. We help organizations develop and quickly implement strategies to manage these types of situations and minimize potentially damaging consequences to their image, brand and internal morale. On a proactive basis, our consultants work with organizations to enact longer-term plans to build good will and instill community confidence, ultimately enhancing an organization’s ability to move projects forward and reduce community tensions.

Additionally, HB Solutions offers human resources management, information technology consulting, and a full range of economic development and business consulting services to assist organizations interested in working with state and local governments and their agencies.

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