Energy Supply and Offtake Agreements: Drafting, Negotiating, and Allocating Risk

Mr. Busboom is a corporate and transactional attorney who helps clients structure, negotiate, and execute commercial agreements and strategic transactions across energy, infrastructure, manufacturing, natural resources, and technology-driven supply chains. He chairs Womble Bond Dickinson’s renewable energy practice, but his energy work extends well beyond renewables, including battery storage, data center power, critical minerals, mining, advanced nuclear, district energy, gas and power infrastructure, carbon management, and environmental risk allocation. Mr. Busboom focuses on transactions that sit at the intersection of commercial contracting, project development, supply chain strategy, and operational risk. He drafts and negotiates procurement and supply agreements, framework agreements, manufacturing and project delivery arrangements, logistics and supply-chain contracts, offtake, tolling, and processing arrangements, energy and utility agreements, and related IP, data, confidentiality, performance, and risk-allocation provisions. Mr. Busboom's work includes domestic and international battery-metals and raw-material supply transactions, battery energy storage system (BESS) arrangements for utility-scale and data center-adjacent deployments, renewable energy acquisitions and project development, data center site control and power supply, district energy, microgrids, and advanced nuclear and SMR projects.

Mr. English is a member of the firm’s Energy, Environment & Infrastructure practice group, and is a trusted advisor to clients navigating the complexities of international and domestic energy infrastructure projects. He focuses his practice on the development, financing, and operation of infrastructure projects in the upstream, midstream and downstream oil & gas, mining, and petrochemical sectors as well as electrification and EV projects, battery storage, and fleet conversion. Mr. English also routinely advises clients on acquisitions, divestitures, joint ventures, and upstream transactions globally. He is also an industry leading lawyer in commodity marketing and trading, with a particular emphasis on natural gas, LNG, and environmental attributes. Mr. English served as the lead co-chair in the AIEN’s recent publication of a model form LNG Sale and Purchase Agreement. In his practice he drafts and negotiates the project documents required for every stage of a project’s life cycle from the initial investment, construction, commercial operations, and decommissioning. Mr. English's experience covers a wide range of complex development and commercial contracts, including host government instruments, joint ventures, supply, offtake, tolling, acquisitions, divestment, trades, credit support, site services, facility sharing, transportation, and numerous other industry-tailored agreements. Projects have ranged in capital requirements from approximately $10 million to $2 billion. He also has an industry-leading on-the-ground international background, having worked in upwards of fifty developed and developing countries across Africa, Asia, Australasia, and Latin America.