Energy

The Allen Matkins' Energy practice includes representation of owners and operators of domestic energy projects in all phases of financing, permitting, development, and operations, and is among the most comprehensive in California.  We provide our clients with a deep understanding of the energy industry and practical guidance on virtually every aspect of their businesses.  Our clients include public and private utilities, power producers and generators, renewable energy suppliers, project developers, landowners, and manufacturers of solar panel, wind technology and other renewable energy technologies.  In addition, we represent banks, other financial institutions, and investors in all aspects of the energy industry, including the acquisition of land, project entitlement and development, power purchase and sales, project financing, and contracts for design, engineering, procurement, and construction services for new facilities.  We have experience representing clients before the State's regulatory agencies, including the California Public Utilities Commission and the California Energy Commission, as well as before the State Legislature.

The Allen Matkins Energy practice group provides comprehensive regulatory, transactional, and litigation services.  The breadth and depth of experience in our Energy practice is a key to our success in providing valuable service to our clients.  Our Energy practice also draws upon the firm’s outstanding resources in the areas of real estate, land use, business law, and litigation. 

Renewables and Alternative Energy

The development of new renewable energy resources has become an increasingly important public policy priority at both the state and federal level.  In order to combat the effects of global warming and to decrease dependence on foreign oil, major legislation is currently aimed at increasing the levels of electricity to be generated from such renewable sources as solar, wind, biomass, and geothermal facilities.  State and federal agencies also have been directed to implement more aggressive measures to remove potential obstacles to the rapid development of new renewable energy facilities.  Allen Matkins closely monitors evolving developments in the field of renewable energy, and our attorneys have the expertise to provide the full range of services necessary to navigate the overlapping and sometimes confusing state and federal regulations relating to the siting and permitting of new renewable generation and transmission facilities, and to negotiate power purchase agreements and other contracts necessary to effectuate the purchase of renewable energy by publicly and privately owned utilities for sale to retail consumers.

Oil and Gas

Our Oil and Gas Regulatory practice clients include independent producers, refiners and retailers, marketers and importers, pipeline companies, distribution companies, and companies involved in onshore and offshore oil and gas exploration and production.  We are experienced in all regulatory and commercial aspects of the industry.  We regularly advise clients on regulatory, environmental, transactional, and adjudicatory matters, and also assist clients with the acquisition and disposition of assets.

Public and Private Utilities

Allen Matkins represents investor-owned public utilities, municipalities and other public agencies providing or planning to provide energy, telecommunications, water, video and transportation services to the public.  We also represent customers and competitors of public utilities in addressing issues related to utility rates, services and operations.  Our attorneys and legislative advocates practice before the California Public Utilities Commission, the California Energy Commission, other state and local government agencies, the State Legislature, and before federal agencies such at the Federal Communications Commission, the Federal Energy Regulatory Commission, and the Surface Transportation Board.  Our experience in this area includes policy proceedings, rulemaking proceedings, permitting, utility rate cases, enforcement and compliance actions, and transactional matters.  We also arrange for and facilitate one-on-one meetings between our clients and the key decision-makers at all levels of government.

Energy-Related Agreements

Allen Matkins assists our clients with the drafting and negotiation of a wide variety of energy-related agreements, including power purchase agreement, leases , easements, purchase and sale agreements, and transition services agreements.  Our attorneys are adept at working with government agencies in  structuring, drafting, and responding to Requests for Proposals (RFPs) and Requests for Qualifications (RFQs).  Additionally, Allen Matkins attorneys advise clients on the scope and effect of contractual obligations and consequences of nonperformance.  We assist clients with the assignment or delegation of rights and obligations under existing agreements and drafting and implementing new arrangements in response to ever changing market demands and conditions.  Our attorneys also have experience assisting in the trading of emissions credits in energy transactions.

Energy Finance

Allen Matkins' attorneys advise clients with respect to various federal, state and local tax incentives available to energy-related projects.  Our experience with federal tax incentives relating to energy projects, including production tax credits available to wind-based energy projects, investment tax credits available to businesses that install solar energy properties, tax deferral of gain available to sellers of qualifying electric utility properties, investment tax credits available to certain advanced coal-based electricity generation technologies, bonus first-year depreciation deductions available to investments in cellulosic biomass ethanol plant property, and private activity bonds available to qualified green building and sustainable design projects is unparalleled.

Energy Litigation

Disputes can arise at any time during an energy project – from permitting and approval, to financing, to procurement and construction, to operation or sale.  The litigators in the Energy group at Allen Matkins understand the energy industry, the intricacies of such projects, and the forums in which disputes will be resolved.  Our Energy group litigators have handled a broad range of cases involving every type of energy project, including renewables and alternative energy projects such as wind, geothermal, and bio-fuel;  conventional projects such as hydro, coal, oil, gas, and nuclear;  and transportation and transmission issues for each of these technologies.  Equally important, our litigators have argued before nearly every type of body that has jurisdiction over energy matters.  We have appeared in administrative and regulatory proceedings involving energy projects.  We have handled both simple and highly complex energy arbitrations.  We have tried energy cases  before courts and juries throughout the United States.  As a result, we know whether it is better to litigate a particular dispute in one forum or another, and how to make the most effective presentation for the forum in which the case is pending.  This knowledge provides our clients a distinct advantage in litigation.