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Energy Strategies

Energy Transactions and Investments

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  • Representative Experience

Our Energy Strategies Practice Group draws on our firm’s wealth of mergers and acquisitions experience.

We have represented clients in large, complex acquisitions and divestitures of renewable power generation facilities, including hydroelectric and co-generation facilities, nuclear power plants and ethanol plants.

The Energy Strategies Practice Group provides comprehensive business transaction services, including due diligence, bid preparation, risk assessment and deal negotiation. Our cross-discipline Practice Group has significant experience in environmental due diligence and is able to identify potential environmental risks that may arise as a result of our clients’ business transactions.

We provide our clients with a business advantage by not simply identifying risks, but by providing innovative risk-reduction strategies that will allow merger and acquisition goals to be met in a cost-effective and timely manner. We also have significant expertise regarding the unique aspects of sales and acquisitions of co-generation, wind, biomass, hydroelectric facilities and other energy assets, including power purchase agreements regarding renewable energy tax credits, Federal Energy Regulatory Commission (FERC) and state regulatory compliance and related legal matters.

Godfrey & Kahn offers an integrated service approach to investors in the energy space. We leverage the experience of our Practice Group members in various focused practice areas, including Corporate, Real Estate, Tax, Securities, and Environmental, to deliver comprehensive and relevant legal analysis regarding investment opportunities.

John Clancy

Clancy, John L.

Shareholder
Madison
414.287.9256414.287.9256
David Gilles

Gilles, David J.

Special Counsel
Madison
608.284.2219608.284.2219
David Navarre

Navarre, David R.

Shareholder
Milwaukee
414.287.9337414.287.9337
Jed Roher

Roher, Jed A.

Shareholder
Madison
608.284.2269608.284.2269

Representative Experience

Alstom (Paris Stock Exchange: ALO)
Godfrey & Kahn represented Alstom, a global leader in energy and transport infrastructure, in the acquisition of certain assets of North American Phoenix Energy Services, Inc. and Phoenix Power Control, Inc., suppliers and servicers of control systems, power systems and other equipment for multiple energy markets, including hydroelectric, wind, solar and geothermal.

Alstom (Paris Stock Exchange: ALO)
Godfrey & Kahn represented Alstom in their investment of up to $55 million in BrightSource Energy Inc., a specialist in designing, building and operating tower-based solar thermal power plants with operations in the USA, Israel and Australia.

Bid for Baseload Generation Facility
Godfrey & Kahn acted as local counsel for all due diligence matters for a client in connection with the bid process for purchasing an existing baseload, natural gas-powered merchant plant.

Co-Generation Facility Purchase
Godfrey & Kahn represented a paper company in its purchase of a co-generation facility located in California. As part of this engagement, Godfrey & Kahn renegotiated all of the power purchase contracts relating to this facility.

Ethanol Plant Purchase
Godfrey & Kahn represented a client in the acquisition of a large-scale operating ethanol plant.

Hydroelectric Facility Purchase
Godfrey & Kahn represented an investor owned, regulated utility on the proposed purchase of a hydroelectric facility.

Little Rapids Corporation Sale of Hydroelectric Facility
Godfrey & Kahn provided all of the legal services necessary to Little Rapids Corporation in its divestiture and sale of a dam, related infrastructure and associated hydroelectric generation facility to North American Hydro. This project included FERC regulatory compliance issues and negotiation of a power purchase agreement. In addition, Godfrey & Kahn resolved complex real estate and land title issues to retain cross-easements and industrial access rights. The hydroelectric generation facility was associated with and divested from, a paper mill and related business operations.

LS Power Co-Generation
Godfrey & Kahn acted as local counsel representing the equity investors in the LS Power co-generation project located in Whitewater, Wisconsin. We had primary legal responsibility for ensuring that all state agency permit and authorizations required for this facility were in place. This was the first independent power project authorized in Wisconsin.

Negotiation of Energy Tariffs
Godfrey & Kahn represents many large energy users in connection with negotiating tariffs and contracts with Wisconsin’s public utilities.

Plainwell Paper Company Co-Gen Facility Purchase
Godfrey & Kahn represented Plainwell Paper Company in its purchase of a co-generation facility from Simpson Paper Company in California. As part of this engagement, Godfrey & Kahn renegotiated all of the power purchase contracts relating to this facility.

Point Beach Nuclear Power Plant Due Diligence
Godfrey & Kahn provided all state-related due diligence (regulatory, real estate, environmental and employment) work for a final round bidder in connection with the sale of the Point Beach Nuclear Power Plant.

Power Plant Acquisition
Godfrey & Kahn provided all state-related due diligence for a final round bidder for proposed acquisition of a 500MW, gas-fired power plant in Wisconsin.

Renewable Energy Investment
Godfrey & Kahn represents an Indian tribe in connection with analyzing available investment opportunities in renewable energy projects.

Renewable Resource Credits
Godfrey & Kahn represented a large independent energy producer in the sale of credits from the “Top of the Iowa” wind project. The Renewable Resource Credits associated with this project were the first ever certified in Wisconsin under the new Renewable Resource Credit program.

Sale of Hydroelectric Facility
Godfrey & Kahn represented a client in its divestiture and sale of a dam, related infrastructure, and associated hydroelectric generation facility. This project included Federal Energy Regulatory Commission regulatory compliance issues and negotiation of a power purchase agreement. In addition, Godfrey & Kahn resolved complex real estate and land title issues. The hydroelectric generation facility was associated with and divested from, a paper mill and related business operations.

Wind Power Wholesale Energy Purchases
Godfrey & Kahn represented a wholesale energy purchaser with respect to the negotiation of several purchase power contracts with a large wind generation facility.

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