Structuring Hybrid Renewable Offtake Agreements: Key Provisions, Risks and Limitations, Financing, Best Practices

Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on wind energy, solar energy, hydroelectric power, geothermal, biomass, natural gas, carbon offsets, and energy storage. His experience extends into corporate transactions, water law, and real estate law. Mr. Holmes also advises clients in negotiating major power purchase agreements, acquisition and sale of energy projects, EPC agreements, O&M agreements, fuel supply, and energy project development agreements.

Ms. Kessler practices in the area of energy project development and regulation, with a focus on the provision of electricity and gas through renewable technologies such as solar and wind, among others. She has broad expertise in energy project transactions and the drafting and negotiation of related corporate agreements and has significant experience in state and federal energy regulation and proceedings. Ms. Kessler has advised clients on energy projects involving solar, wind, microgrid, fuel cell, energy storage, cogeneration, biofuel-generation, interconnection and line extension. She also provides guidance on power and gas marketing, and other issues related to deregulated energy markets, as well as submetering, energy efficiency, and rate design. Her clients have included project developers, financial institutions and large consumers of regulated and unregulated energy services (such as industrial, commercial, data center, multifamily housing, non-profit, university and hospital customers), marketers of competitively sourced electricity and gas and power authorities. She has appeared on behalf of such clients in federal and state court energy litigation matters and in regulatory proceedings in various states. In addition, Ms. Kessler represents clients of energy facilities involved in the Independent System Operator (ISO) process. She formerly represented a retail marketer of electricity, the first urban electric cooperative, on several New York ISO Committees, including influencing development of rules related to interconnection, ICAP, creditworthiness, operational issues and demand response. Throughout her career, Ms. Kessler has negotiated gas and electric power contracts for commercial and industrial clients in locations including New York, New Jersey, Connecticut, Pennsylvania, Maryland, Virginia, Massachusetts, California, Washington, DC and Ohio. She has conducted numerous regulatory proceedings with Con Edison, Public Service Electric & Gas and other utilities.