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Real Estate Developers Industry Team
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Energy

Industry Team

2023 Best Lawyers Albany Tier 1 Energy
  • FTC Takes Aim at Banning Non-Compete Clauses
  • Reinforcing the Importance of Clean Energy Transmission in New York
  • Partner H. Todd Bullard Quoted by Bloomberg Law on Firefighting Foam and PFAS
Profile
Sectors
Services
Experience
People

Keeping up with New York state’s complex and ever-changing energy landscape can be daunting.

Harris Beach can help you navigate this industry. Our experienced Energy Industry Team — led by a former head of both the New York State Public Service Commission and New York State Energy Research and Development Authority— regularly works with clients in all aspects of energy law, from generation and transmission owners to utilities and energy service companies. We lead these private and public entities to success in achieving their energy initiatives.

Powerful solutions for your business needs

The energy industry presents challenges—but also opportunities. Harris Beach helps clients facing the challenges of complying with evolving state and federal energy laws, regulations, and agency policies; maximize returns on energy investments; and secure project funding.

We take a multi-disciplinary approach to craft comprehensive legal solutions as unique as the private and public entities we represent. We help our clients, including generation and transmission owners, energy facility developers, real estate developers, retail energy providers, large commercial and industrial customers, and governmental entities, navigate and thrive within the complex web of state and federal energy laws, regulations, and agency policies. Clients trust us to guide them in understanding legal issues surrounding the energy industry and to educate them on how to comply with governmental requirements in the energy and related environmental and economic development fields.

Residential Electrical Submetering

Renewable Energy

Oil and Gas

Electric, Gas, and Water Rate Proceedings

  • Our attorneys represent regulated utilities, large commercial and industrial customers, and energy service companies (ESCOs) in proceedings before the New York State Public Service Commission (PSC) involving proposed increases in a utility’s electric, gas, and water rates.

Environmental, Social and Governance (ESG) 

  • Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

Generation Development and Siting

  • We represent generation developers seeking state and local approvals under the State Environmental Quality Review Act (SEQRA) or certification from the New York State Board on Electric Generation Siting and Environment under Article X of the Public Service Law (PSL) or under Section 94-c of the Executive Law.
  • We assist on all aspects of generation siting: obtaining state and federal regulatory approvals, environmental permitting and compliance, real estate issues, zoning, and payment in lieu of taxes (PILOT) agreements.

Land Use and Zoning

Lobbying Compliance

Regulatory Compliance and Oversight

  • We leverage our regulatory experience to provide strategic counsel to some of New York’s largest utilities, generation owners, large commercial and industrial customers, real estate developers, and market participants regarding government regulations and regulatory compliance.
  • We assist our clients with regulatory approval from the PSC, including such matters as the transfer of regulated assets and approval of debt issuances. For example, we recently assisted the nation’s largest owner of nuclear generation to acquire a nuclear generation facility in upstate New York as well as establish the nation’s first zero-emission credit program to ensure that this and other nuclear generating units remaining receive necessary compensation for emission-free generation.
  • Our Government Compliance attorneys can help in the event of investigations by the PSC, New York State Office of the Attorney General, or other governmental agency.

Renewable Energy

  • Our team represents clients on renewable projects involving solar, wind, biomass, hydro, and fuel cell generation.
  • We assist renewable energy developers in siting and permitting of renewable generating facilities under SEQRA or Article X of the PSL or under Section 94-c of the Executive Law.
  • Under such programs as the former Renewable Portfolio Standard and the new Clean Energy Standard, we provide strategic counsel to clients seeking to obtain benefits from these state policy initiatives.

Retail Energy Markets

  • Our attorneys assist ESCOs in obtaining necessary regulatory approvals from the PSC and the NYISO, allowing these utilities to sell electricity and natural gas to residential, small commercial, and large commercial and industrial customers throughout the State.
  • We leverage our regulatory experience to help ESCOs defend and resolve Notices of Apparent Failure and Orders to Show Cause from the PSC as well as complaints from customers.
  • We also assist in compliance with applicable laws and regulations, including, among others, the PSL (including HEFPA), the Uniform Business Practices, the Personal Property Law (for door-to-door sales), the General Business Law (related to avoiding deceptive marketing practices), the Telephone Consumer Protection Act, and the Telemarketing Consumer Fraud Prevention Act.
  • We also provide our clients with tax advice and coordinate marketing arrangements and merchant power arrangements on their behalf.

SEQRA for Energy Development Projects

Submetering

  • Our attorneys can help your multi-unit residential buildings reduce energy use as much as 20 percent, resulting in increased profitability, improved resident satisfaction, and better control of individual energy use.
  • Our team assists clients in obtaining approval to submeter electricity from the PSC.
  • We also assist in compliance with the PSL, including the Home Energy Fair Practices Act (HEFPA), to avoid the assessment of penalties available in the PSC’s submetering regulations.
  • In the event of a resident complaint to the PSC concerning submetering, we can assist in its resolution.

Transmission Line Development and Siting

  • Harris Beach attorneys represent developers of alternating current and high voltage direct current transmission seeking state and local approvals under SEQRA or certification from the PSC under Article VII of the PSL.
  • Our experience includes representing developers before the PSC and the New York State Independent System Operator (NYISO) in recent initiatives such as the AC Transmission proceeding involving transmission line development.
  • We also recently assisted the owner of an interstate natural gas pipeline obtain the regulatory approvals necessary to increase transmission capabilities.

Project Development Including Environmental, Land Use, Real Estate Due Diligence 

  • Represents numerous entities with development projects on Long Island in a broad spectrum of legal issues related to major transmission and generation developers, and offshore wind development projects regarding political landscape, regulatory, economic development land use and environmental implications.
  • Obtained multiple contested land use approvals and DEC permits and authorizations for upgrades to Fortune 250 Company’s interstate natural gas pipeline. Represent the renewables developer who filed the first ever solar-only Article 10 project at the New York State Public Service Commission. Represent the renewables developer seeking approval of the largest solar-only Article 10 project at the New York Public Service Commission.
  • Assist national solar energy developer by conducting transactional environmental due diligence reviews for numerous project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Conducts real estate due diligence for major transactions regarding large renewable projects on behalf of investors, including review of deeds, leases, sub-leases, easements, licenses and ancillary agreements related to wind and solar project sites, with attention to survey and title review to confirm extent of real estate interests and resolve title exceptions.
  • Represented energy developer in the negotiation of a ground lease for an existing 55-mile utility right-of-way to construct and develop a new 345 kV transmission line and related substation facilities and related asset purchase agreement to acquire existing transmission line equipment within the right-of way, secure temporary construction access and obtain easement rights to various substation facilities.

Regulatory

  • Serves as lead counsel for the renewables developer who filed the first ever solar-only Article 10 project with the New York State Board on Electric Generation Siting and the Environment. Represents large and small-scale solar developers in all aspects of development and siting, including responding to requests for proposals, negotiating power purchase agreements, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Represents distributed energy resources (DERs) on various regulatory issues, including registration with the PSC, drafting subscription and sales agreements, and ongoing compliance with relevant laws and regulations. Represent large and small-scale renewable energy developers in all aspects of development and siting, including responding to Requests for Proposals, negotiating power purchase agreements and agreements with NYSERDA, navigating the interconnection process, and obtaining all necessary legal and regulatory approvals.
  • Secured PSC approval for a Community Choice Aggregation program.
  • Represented natural gas and electric utilities in several proceedings before the PSC, including a major rate case and acquisition case.
  • Secured PSC approval to transfer regulated assets for numerous clients.
  • Represents energy service companies (ESCOs) on various regulatory issues at the PSC, including submission of annual and triennial compliance filings, responses to customer complaints, and responses to Notices of Apparent Failure and Orders to Show Cause. Represented a nationwide organization of more than 20 ESCOs and secured an order vacating certain provisions of a PSC order that, as the reviewing court stated, would have “amount[ed] to a major restructuring of the retail energy market—or even its collapse.
  • Represents developers and building owners in tariff negotiations with local distribution utilities to secure proper utility service to newly-constructed and existing properties.
  • Secured PSC approval to transfer regulated assets, such as an electric generating facility, for several clients.
  • Served on legal team that secured a PSC determination that further regulatory review under Public Service Law Section 70 was not required before a renewable developer could acquire ownership of development plans to construct a wind electric generating facility.

Related Legal Experience

Corporate Contracts

  • Represented electric transmission company in negotiating $353 million engineering, procurement, and construction contract for electric transmission line and substation upgrade project.
  • Represented electric transmission company in negotiating engineering and construction management contract for electric transmission facility upgrade project.

Corporate Compliance and Ethics

  • Defended energy companies under investigation by the NYS Office of the Attorney General‘s consumer fraud bureau involving allegations of violations of GBL §§349, 349-d and 350 concerning deceptive sales practices, which were resolved through negotiation and the execution of an Assurance of Discontinuance.
  • Defended a utility company before the Joint Commission on Public Ethics (JCOPE) alleging multiple violations of the gift ban under New York’s lobbying law; reviewed and revised the company’s policies and procedures regarding entertainment of public officials and trained company employees on the new policies.

Data Privacy/Cybersecurity

  • Represents major utility clients with cybersecurity matters involving federal and state agencies, including compliance with New York State’s Department of Financial Services.
  • Assisted when individuals from outside the organization obtained access to: email systems; file servers and data bases without authorization. Directed initial investigation by retaining and instructing forensic investigators to identify the root cause and scope, and assisted with the legal and contractual breach notification obligations and improving their security plan to reduce the risk of future events.
  • Working with an IT security vendor to develop and implement a standard system security plan and set of controls for use in energy power plants for both operation technology and for informational technology.  These will ultimately be implemented in over 70 power plants.

Public/Community Outreach

  • Our team includes a former NYS Senator who develops strategic paths for clients to engage business and professional leaders in developing consensus for their projects. Experienced in engaging with local and regional economic development advocates to work for positive job growth. Knowledge of government revenues and expenditures provides key messaging to advance initiatives that provide new jobs, financial benefits, priority infrastructure improvements and new economic development opportunities for the community.

Public Financing

  • Represented an electric generating company in connection with a transaction in which it offered to exchange existing notes for new notes. In addition, the transaction included a consent solicitation to amend the Indenture governing the issuance of the notes to allow for a distribution to its shareholders. Represented the client in all facets of this transaction and prepared all of the consent solicitation documents, notes and amendments to existing documents. The exchange offer related to approximately $93,000,000 of existing notes and the distribution was in the amount of approximately $7,500,000.
  • Represented a power transmission client in connection with the execution and delivery of an Asset Purchase Agreement relating to the purchase of all plans and specifications related to the development of a component in the construction of a new power transmission line in New York to alleviate the power needs in downstate New York.

Team Leader(s)

William Flynn

William M. Flynn

Member

Team

All Insights, All Publications, Legal Alert |
 January 9, 2023
FTC Takes Aim at Banning Non-Compete Clauses
The FTC released a proposed rule aimed at prohibiting employers from utilizing non-compete clauses in employment agreements....read more
All Insights, All Publications, Legal Alert |
 January 5, 2023
New York Commission Announces New Training Requirement for Lobbyists and Clients of Lobbyists
NYS Commission on Ethics and Lobbying in Government (“CELG”) will mandate a new ethics training requirement for all registered lobbyists...read more
Legal Alert, All Insights, All Publications |
 December 19, 2022
E.V. Manufacturer Cruises to Victory on Appeal with Specific, Robust Disclosures
NYs Appellate Division recently affirmed dismissal, with prejudice, of a securities class action lawsuit against Chinese electric vehicle....read more
All Insights, All Publications, Legal Alert |
 September 23, 2022
New York State to Fund Sixth Round of Renewable Energy Projects
On September 21, New York Gov. Kathy Hochul announced the state’s sixth annual solicitation of large-scale renewable energy projects....read more
All Insights, All Publications, Legal Alert |
 September 2, 2022
Inflation Reduction Act to Energize Renewables and Energy Transition Projects
The Inflation Reduction Act of 2022 (the “IRA”), signed by President Biden into law on August 16, promises to further invigorate an already ...read more
All Insights, All Publications, Legal Alert |
 July 13, 2022
Proposed Legislation in New York Could Reduce State’s Carbon Footprint, But May Present New Challenges For Cryptocurrency Miners
There are two major mechanisms in place to verify new cryptocurrency transactions and add them to the blockchain....read more
All Insights, All Publications, Legal Alert |
 June 10, 2022
Court Upholds DEC Permitting Denial Under Still-Evolving New York Climate Leadership and Community Protection Act
In the first decision regarding an administrative agency’s authority to deny permit applications based on New York’s Climate Leadership and...read more
All Insights, All Publications, Legal Alert |
 June 6, 2022
For New York Schools, Going Green Just Got a Little Easier
In September of 2021, Gov. Kathy Hochul announced the allocation of $59 million to fund the Clean Green Schools Initiative....read more
All Insights, All Publications, Legal Alert |
 May 9, 2022
U.S. Environmental Protection Agency Approves New Standard for Phase I Environmental Site Assessments
In mid-March, the U.S. Environmental Protection Agency (EPA) issued a direct final rule approving ASTM International (ASTM) Standard E1527-2...read more

Need More Information?

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2023 Best Lawyers Albany Tier 1 Energy

Energy

Industry Team

■ Profile

Keeping up with New York state’s complex and ever-changing energy landscape can be daunting.

Harris Beach can help you navigate this industry. Our experienced Energy Industry Team — led by a former head of both the New York State Public Service Commission and New York State Energy Research and Development Authority— regularly works with clients in all aspects of energy law, from generation and transmission owners to utilities and energy service companies. We lead these private and public entities to success in achieving their energy initiatives.

Powerful solutions for your business needs

The energy industry presents challenges—but also opportunities. Harris Beach helps clients facing the challenges of complying with evolving state and federal energy laws, regulations, and agency policies; maximize returns on energy investments; and secure project funding.

We take a multi-disciplinary approach to craft comprehensive legal solutions as unique as the private and public entities we represent. We help our clients, including generation and transmission owners, energy facility developers, real estate developers, retail energy providers, large commercial and industrial customers, and governmental entities, navigate and thrive within the complex web of state and federal energy laws, regulations, and agency policies. Clients trust us to guide them in understanding legal issues surrounding the energy industry and to educate them on how to comply with governmental requirements in the energy and related environmental and economic development fields.

■ Services

Electric, Gas, and Water Rate Proceedings

  • Our attorneys represent regulated utilities, large commercial and industrial customers, and energy service companies (ESCOs) in proceedings before the New York State Public Service Commission (PSC) involving proposed increases in a utility’s electric, gas, and water rates.

Environmental, Social and Governance (ESG) 

  • Our attorneys support clients with cross-functional teams dedicated to integrating aspects of ESG into core business strategies, governance, and risk-management. In addition to helping our clients understand, prepare for, and comply with emerging regulations, we also help our clients realize the benefits created in the marketplace by a bespoke approach to ESG.

Generation Development and Siting

  • We represent generation developers seeking state and local approvals under the State Environmental Quality Review Act (SEQRA) or certification from the New York State Board on Electric Generation Siting and Environment under Article X of the Public Service Law (PSL) or under Section 94-c of the Executive Law.
  • We assist on all aspects of generation siting: obtaining state and federal regulatory approvals, environmental permitting and compliance, real estate issues, zoning, and payment in lieu of taxes (PILOT) agreements.

Land Use and Zoning

Lobbying Compliance

Regulatory Compliance and Oversight

  • We leverage our regulatory experience to provide strategic counsel to some of New York’s largest utilities, generation owners, large commercial and industrial customers, real estate developers, and market participants regarding government regulations and regulatory compliance.
  • We assist our clients with regulatory approval from the PSC, including such matters as the transfer of regulated assets and approval of debt issuances. For example, we recently assisted the nation’s largest owner of nuclear generation to acquire a nuclear generation facility in upstate New York as well as establish the nation’s first zero-emission credit program to ensure that this and other nuclear generating units remaining receive necessary compensation for emission-free generation.
  • Our Government Compliance attorneys can help in the event of investigations by the PSC, New York State Office of the Attorney General, or other governmental agency.

Renewable Energy

  • Our team represents clients on renewable projects involving solar, wind, biomass, hydro, and fuel cell generation.
  • We assist renewable energy developers in siting and permitting of renewable generating facilities under SEQRA or Article X of the PSL or under Section 94-c of the Executive Law.
  • Under such programs as the former Renewable Portfolio Standard and the new Clean Energy Standard, we provide strategic counsel to clients seeking to obtain benefits from these state policy initiatives.

Retail Energy Markets

  • Our attorneys assist ESCOs in obtaining necessary regulatory approvals from the PSC and the NYISO, allowing these utilities to sell electricity and natural gas to residential, small commercial, and large commercial and industrial customers throughout the State.
  • We leverage our regulatory experience to help ESCOs defend and resolve Notices of Apparent Failure and Orders to Show Cause from the PSC as well as complaints from customers.
  • We also assist in compliance with applicable laws and regulations, including, among others, the PSL (including HEFPA), the Uniform Business Practices, the Personal Property Law (for door-to-door sales), the General Business Law (related to avoiding deceptive marketing practices), the Telephone Consumer Protection Act, and the Telemarketing Consumer Fraud Prevention Act.
  • We also provide our clients with tax advice and coordinate marketing arrangements and merchant power arrangements on their behalf.

SEQRA for Energy Development Projects

Submetering

  • Our attorneys can help your multi-unit residential buildings reduce energy use as much as 20 percent, resulting in increased profitability, improved resident satisfaction, and better control of individual energy use.
  • Our team assists clients in obtaining approval to submeter electricity from the PSC.
  • We also assist in compliance with the PSL, including the Home Energy Fair Practices Act (HEFPA), to avoid the assessment of penalties available in the PSC’s submetering regulations.
  • In the event of a resident complaint to the PSC concerning submetering, we can assist in its resolution.

Transmission Line Development and Siting

  • Harris Beach attorneys represent developers of alternating current and high voltage direct current transmission seeking state and local approvals under SEQRA or certification from the PSC under Article VII of the PSL.
  • Our experience includes representing developers before the PSC and the New York State Independent System Operator (NYISO) in recent initiatives such as the AC Transmission proceeding involving transmission line development.
  • We also recently assisted the owner of an interstate natural gas pipeline obtain the regulatory approvals necessary to increase transmission capabilities.
Residential Electrical Submetering Industry Team
Renewable Energy Industry Team
Oil and Gas Industry Team

■ People

Team Leaders

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com

Team

Javid Afzali

Member
(518) 701-2775
jafzali@harrisbeach.com

Christopher A. Andreucci

Member
(585) 419-8606
candreucci@harrisbeach.com

John J. Anzalone

Member
(516) 880-8108
janzalone@harrisbeach.com

Susan M. Crossett

Consultant
(315) 214-2044

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com

Kelly S. Foss

Member
(585) 419-8717
kfoss@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com

Seth T. Hiland

Member
(607) 330-7721
shiland@harrisbeach.com

Svetlana K. Ivy

Member
(585) 419-8779
sivy@harrisbeach.com

Gene J. Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com

Elyssa H. Klein

Associate
(518) 701-2733
eklein@harrisbeach.com

Jeffrey D. Kuhn

Member
(518) 701-2746
jkuhn@harrisbeach.com

Xanthe M. Larsen

Member
(202) 285-3543
xlarsen@harrisbeach.com

Melanie C. Marotto

Member
(716) 200-5230
mmarotto@harrisbeach.com

Sean M. McCabe

Senior Counsel
(585) 419-8571
smccabe@harrisbeach.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com

Michael F. Nozzolio

Counsel
(585) 419-8648
mnozzolio@harrisbeach.com

Aubrey A. Ohanian

Member
(518) 701-2720
aohanian@harrisbeach.com

Kevin L. Overton

Member
(585) 419-8729
koverton@harrisbeach.com

Michelle K. Piasecki

Member
(518) 701-2741
mpiasecki@harrisbeach.com

Laura M. Purcell

Member
585) 419-8730
lpurcell@harrisbeach.com

Robert J. Ryan

Member
(518) 701-2715
Rryan@harrisbeach.com

Austin T. Scarborough

Associate
(518) 701-2784
ascarborough@harrisbeach.com

Jeremy H. Speich

Member
(518) 701-2737
jspeich@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of February 3, 2023 8:05 am
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