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Energy & Utilities

Energy is key to the nation's economic growth, but it is also among the most complex areas to navigate from a business and legal perspective. We assist energy and utility clients in a wide range of business, regulatory and litigation matters.

Our clients include: public and private utilities, power producers and generators, renewable energy suppliers, project developers, manufacturers of solar panel, wind technology and other renewable energy technologies, landowners, banks and other financial institutions, and investors.

Business: We have represented owners and operators of domestic energy projects in all phases of financing, permitting and entitlements, development, construction, and operations as well as permitting and power purchase and sales agreements.

Regulatory: We represented clients before California's regulatory agencies, including the California Public Utilities Commission and the California Energy Commission, as well as before the California State Legislature.

Litigation: We have represented energy companies and utilities administrative proceedings, environmental litigation, permitting and contract disputes.

Business: We have represented owners and operators of domestic energy projects in all phases of financing, permitting and entitlements, development, construction, and operations as well as permitting and power purchase and sales agreements.

Regulatory: We represented clients before California's regulatory agencies, including the California Public Utilities Commission and the California Energy Commission, as well as before the California State Legislature.

Litigation: We have represented energy companies and utilities administrative proceedings, environmental litigation, permitting and contract disputes.

"Excellent combination of environmental and legal knowledge."

- General Counsel, Oil & Gas Company

EXPERIENCE

Energy Litigation

  • Hydrogen Plant. (El Segundo and Rodeo, CA). Representation of  hydrogen plant operator in air permitting issues at facilities in El Segundo and Rodeo, California.
  • Private Hospital. (Newport Beach, CA). Representation of a private hospital in connection with CEQA compliance, California Coastal Commission approval, and litigation related to the construction and operation of a cogeneration facility in Newport Beach, California.
  • Federal Agency. Representation of federal agency in connection with review and comment on numerous small hydroelectric projects throughout the Pacific Northwest and participation in administrative proceedings before the Federal Energy Regulatory Commission regarding challenges to and conditions of approval for such projects.
  • Oil and Gas. Represented oil and gas company in administrative enforcement action brought by Regional Water Board with regard to civil penalty claims.
  • Oil and Gas. Represented oil and gas company before U.S. Environmental Protection Agency, Regional Water Board, and Department of Fish & Game over asserted civil penalty claims.

Oil and Gas

  • Aladdin Hotel and Casino. (Las Vegas, NV) Negotiated energy service agreements and related documents for the Aladdin hotel, casino and retail project in Las Vegas, Nevada, pursuant to which the energy provider developed, owned and operated the central utility plant for this project.  In addition, Allen Matkins attorneys negotiated loan, intercreditor and related documents relative to the central utility plant among the three major lenders for this project.
  • Energy Production Facilities Developer. Representation of a developer of energy production facilities in connection with project financing for new power plants, negotiation of a power purchase agreement, engineering and construction contracts, and supply contracts.
  • Office Project. (Century City, CA). Negotiated energy service agreement and related documents for a large office project in Century City, California, pursuant to which the energy provider provided energy services for this office project.  The energy service agreements provided that the energy provider would charge the project owner monthly charges for services and return on capital, which in turn would be paid by tenants as common area maintenance fees.
  • Power Plant. Provided a water rights analysis for a natural gas-fueled power plant adjacent to the Colorado River.
  • Oil Company. Representation of oil company in preparation of environmental review documents under CEQA for refinery expansion projects in Northern and Southern California, including addressing climate change issues raised in EIR and in administrative challenges by the California Attorney General and public interest organizations.
  • Private Hospital. (Newport Beach, CA). Representation of a private hospital in connection with CEQA compliance, California Coastal Commission approval, and litigation related to the construction and operation of a cogeneration facility in Newport Beach, California.
  • Oil and Gas. Represented oil and gas company in administrative enforcement action brought by Regional Water Board with regard to civil penalty claims.
  • Oil and Gas. Represented oil and gas company before U.S. Environmental Protection Agency, Regional Water Board, and Department of Fish & Game over asserted civil penalty claims.

Public and Private Utilities

  • Aladdin Hotel and Casino. (Las Vegas, NV). Negotiated energy service agreements and related documents for the Aladdin hotel, casino and retail project in Las Vegas, Nevada, pursuant to which the energy provider developed, owned and operated the central utility plant for this project.  In addition, Allen Matkins attorneys negotiated loan, intercreditor and related documents relative to the central utility plant among the three major lenders for this project.
  • Energy Production Facilities Developer. Representation of a developer of energy production facilities in connection with project financing for new power plants, negotiation of a power purchase agreement, engineering and construction contracts, and supply contracts.
  • Office Project. (Century City, CA). Negotiated energy service agreement and related documents for a large office project in Century City, California, pursuant to which the energy provider provided energy services for this office project.  The energy service agreements provided that the energy provider would charge the project owner monthly charges for services and return on capital, which in turn would be paid by tenants as common area maintenance fees.
  • Power Plant. Provided a water rights analysis for a natural gas-fueled power plant adjacent to the Colorado River.
  • Power Plant. Preparation of licensing documents for a 660 megawatt combined cycle power plant using Dry Cooling technology in Colusa County, California.  The project was approved by the California Energy Commission in 2008. 
  • Hollywood and Highland Project. (Hollywood, CA). Negotiated energy service agreements and related documents for the Hollywood and Highland project in Hollywood, California, pursuant to which the energy provider purchased the central utility plant from the developer upon completion of construction and thereafter owned and operated the plant for this large retail, hotel and entertainment project.  In addition, Allen Matkins attorneys negotiated loan, intercreditor and related documents relative to the central utility plant among the energy provider's and developer's lenders for this project
  • Utility Company. Representation of a publicly owned utility in connection with CEQA compliance and litigation, endangered species issues, local planning and zoning issues, and a variety of related matters in connection with the construction of a 230 KV transmission line.
  • Utility Company. Principal counsel for a publicly owned utility over a disputed power sharing agreement, which was entered into in 1934, covering hydro-power as well as other sources.  This agreement implicated the accounting treatment of other contracts related to transmission line construction and use, power plant acquisitions, and government oversight.
  • Power Plant Sites. Provided water supply due diligence and negotiations for two natural gas-fueled power plant sites in the Northern San Joaquin Valley.
  • Utility Company. Representation by Allen Matkins attorneys as in-house counsel for investor owned utility prior to joining Allen Matkins.  These attorneys have extensive experience with the California Public Utilities Commission and other federal, state, and local regulatory agencies relevant to permitting and environmental compliance.
  • Utility Company. Representation of a municipally-owned utility company on a variety of issues related to authorization, financing, Public Utilities Regulatory Policy Act issues, transmission agreements, and facility siting for a wind power project.
  • Public Utility District. Representation of the public utility district on energy facility siting, hydropower, licensing, CEQA processing, litigation, and other entitlement and development issues relating to project operations including authorizations with the California Public Utilities Commission.
  • Tertiary-Treated Water. Provided water supply due diligence for reclaimed tertiary-treated water in the South San Francisco Bay area for two natural gas-fueled power plants.
  • Condominium and Apartment Buildings. Negotiated energy service agreement and related documents for a 20-story high-rise condominium project and two adjacent 15-story apartment buildings in Southern California. 
  • Utility Company. Representation of a major investor-owned utility company in connection with leasing sites for the installation of roof-mounted solar photovoltaic panels.
  • Power Plant. (Vernon, Ca). Preparation of licensing documents for a 943 megawatt combined-cycle generating power plant facility in the City of Vernon, California. 
  • Power Plant. (Victorville, CA). Preparation of licensing documents for a 563 megawatt hybrid natural gas-fired combined cycle and solar thermal power plant in Victorville, California.  The project was approved by the California Energy Commission in 2008. 
  • Propert Owner. Representation of major property owner in connection with a power purchase agreement with a municipal electrical utility.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with drafting and negotiating a power purchase agreement with Pacific Gas and Electric Company.

Renewables and Alternative Energy

  • Renewable Energy Facilities Developer. (Santa Barbara, CA). Representation of a developer of renewable energy facilities with organizational matters and bid on waste-to-energy project at Santa Barbara landfill site.
  • Renewable Energy. Participation on a team with CTG Energetics under a contract from the California Energy Commission addressing energy efficiency and renewable energy in light of the California Global Warming Solutions Act.
  • Geothermal Projects. Representation of client on leasing, facility siting and transmission agreement issues for a number of geothermal projects.
  • Power Plant. (Colusa County, CA). Preparation of licensing documents for a 660 megawatt combined cycle power plant using Dry Cooling technology in Colusa County, California.  The project was approved by the California Energy Commission in 2008. 
  • Renewable Energy Facilities Developer. (San Diego County, CA). Representation of developer of renewable energy facilities in connection with the development of a new wind energy generation facility in San Diego County, California.
  • Utility Company. Principal counsel for a publicly owned utility over a disputed power sharing agreement, which was entered into in 1934, covering hydro-power as well as other sources.  This agreement implicated the accounting treatment of other contracts related to transmission line construction and use, power plant acquisitions, and government oversight.
  • Wind and Solar Energy. (Kern County, CA). Representation of client on due diligence analysis and review of wind power and solar power development potential on thousands of acres in Kern County.
  • Wind Energy Generation facility. Representation of developer of wind energy generation facility on environmental and site permitting issues.
  • Engineering Company. Representation of engineering company in connection with the formation of a joint venture to develop municipal solar power generation projects throughout California.
  • Power Plant Sites. Provided water supply due diligence and negotiations for two natural gas-fueled power plant sites in the Northern San Joaquin Valley.
  • Utility Company. Representation of a municipally-owned utility company on a variety of issues related to authorization, financing, Public Utilities Regulatory Policy Act issues, transmission agreements, and facility siting for a wind power project.
  • Wind Energy Generation Facility. (Kern County, CA). Negotiation of a ground lease for development of a wind energy generation facility in Kern County, California.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with securing water rights for the development of new solar generating facilities.
  • Public Utility District. Representation of the public utility district on energy facility siting, hydropower, licensing, CEQA processing, litigation, and other entitlement and development issues relating to project operations including authorizations with the California Public Utilities Commission.
  • Tertiary-Treated Water. Provided water supply due diligence for reclaimed tertiary-treated water in the South San Francisco Bay area for two natural gas-fueled power plants.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with the drafting and negotiation of construction contracts for the development of new solar generation facilities.
  • Bio-Fuels Company. Representation of bio-fuels company in acquisition of a ten-acre site at the Port of Stockton, including preparation of ground lease, sublease, sub-sublease, and other documents. 
  • Federal Agency. Representation of federal agency in connection with review and comment on numerous small hydroelectric projects throughout the Pacific Northwest and participation in administrative proceedings before the Federal Energy Regulatory Commission regarding challenges to and conditions of approval for such projects.
  • Power Plant. (Victorville, CA). Preparation of licensing documents for a 563 megawatt hybrid natural gas-fired combined cycle and solar thermal power plant in Victorville, California.  The project was approved by the California Energy Commission in 2008. 
  • Large Biomass Project. Representation of client of large biomass project on purchase agreements, negotiations with utilities, environmental review, air quality issues and local entitlement and approvals.
  • Renewable Energy Facilities Developer. (Vallejo, CA). Representation of a developer of renewable energy facilities in connection with drafting an alternative wind setback ordinance and lobbying the City Council of the City of Vallejo, California to adopt the ordinance.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with drafting and negotiating a power purchase agreement with Pacific Gas and Electric Company. 

Oil and Gas

  • Aladdin Hotel and Casino. (Las Vegas, NV) Negotiated energy service agreements and related documents for the Aladdin hotel, casino and retail project in Las Vegas, Nevada, pursuant to which the energy provider developed, owned and operated the central utility plant for this project.  In addition, Allen Matkins attorneys negotiated loan, intercreditor and related documents relative to the central utility plant among the three major lenders for this project.
  • Energy Production Facilities Developer. Representation of a developer of energy production facilities in connection with project financing for new power plants, negotiation of a power purchase agreement, engineering and construction contracts, and supply contracts.
  • Office Project. (Century City, CA). Negotiated energy service agreement and related documents for a large office project in Century City, California, pursuant to which the energy provider provided energy services for this office project.  The energy service agreements provided that the energy provider would charge the project owner monthly charges for services and return on capital, which in turn would be paid by tenants as common area maintenance fees.
  • Power Plant. Provided a water rights analysis for a natural gas-fueled power plant adjacent to the Colorado River.
  • Oil Company. Representation of oil company in preparation of environmental review documents under CEQA for refinery expansion projects in Northern and Southern California, including addressing climate change issues raised in EIR and in administrative challenges by the California Attorney General and public interest organizations.
  • Private Hospital. (Newport Beach, CA). Representation of a private hospital in connection with CEQA compliance, California Coastal Commission approval, and litigation related to the construction and operation of a cogeneration facility in Newport Beach, California.
  • Oil and Gas. Represented oil and gas company in administrative enforcement action brought by Regional Water Board with regard to civil penalty claims.
  • Oil and Gas. Represented oil and gas company before U.S. Environmental Protection Agency, Regional Water Board, and Department of Fish & Game over asserted civil penalty claims.

Public and Private Utilities

  • Aladdin Hotel and Casino. (Las Vegas, NV). Negotiated energy service agreements and related documents for the Aladdin hotel, casino and retail project in Las Vegas, Nevada, pursuant to which the energy provider developed, owned and operated the central utility plant for this project.  In addition, Allen Matkins attorneys negotiated loan, intercreditor and related documents relative to the central utility plant among the three major lenders for this project.
  • Energy Production Facilities Developer. Representation of a developer of energy production facilities in connection with project financing for new power plants, negotiation of a power purchase agreement, engineering and construction contracts, and supply contracts.
  • Office Project. (Century City, CA). Negotiated energy service agreement and related documents for a large office project in Century City, California, pursuant to which the energy provider provided energy services for this office project.  The energy service agreements provided that the energy provider would charge the project owner monthly charges for services and return on capital, which in turn would be paid by tenants as common area maintenance fees.
  • Power Plant. Provided a water rights analysis for a natural gas-fueled power plant adjacent to the Colorado River.
  • Power Plant. Preparation of licensing documents for a 660 megawatt combined cycle power plant using Dry Cooling technology in Colusa County, California.  The project was approved by the California Energy Commission in 2008. 
  • Hollywood and Highland Project. (Hollywood, CA). Negotiated energy service agreements and related documents for the Hollywood and Highland project in Hollywood, California, pursuant to which the energy provider purchased the central utility plant from the developer upon completion of construction and thereafter owned and operated the plant for this large retail, hotel and entertainment project.  In addition, Allen Matkins attorneys negotiated loan, intercreditor and related documents relative to the central utility plant among the energy provider's and developer's lenders for this project
  • Utility Company. Representation of a publicly owned utility in connection with CEQA compliance and litigation, endangered species issues, local planning and zoning issues, and a variety of related matters in connection with the construction of a 230 KV transmission line.
  • Utility Company. Principal counsel for a publicly owned utility over a disputed power sharing agreement, which was entered into in 1934, covering hydro-power as well as other sources.  This agreement implicated the accounting treatment of other contracts related to transmission line construction and use, power plant acquisitions, and government oversight.
  • Power Plant Sites. Provided water supply due diligence and negotiations for two natural gas-fueled power plant sites in the Northern San Joaquin Valley.
  • Utility Company. Representation by Allen Matkins attorneys as in-house counsel for investor owned utility prior to joining Allen Matkins.  These attorneys have extensive experience with the California Public Utilities Commission and other federal, state, and local regulatory agencies relevant to permitting and environmental compliance.
  • Utility Company. Representation of a municipally-owned utility company on a variety of issues related to authorization, financing, Public Utilities Regulatory Policy Act issues, transmission agreements, and facility siting for a wind power project.
  • Public Utility District. Representation of the public utility district on energy facility siting, hydropower, licensing, CEQA processing, litigation, and other entitlement and development issues relating to project operations including authorizations with the California Public Utilities Commission.
  • Tertiary-Treated Water. Provided water supply due diligence for reclaimed tertiary-treated water in the South San Francisco Bay area for two natural gas-fueled power plants.
  • Condominium and Apartment Buildings. Negotiated energy service agreement and related documents for a 20-story high-rise condominium project and two adjacent 15-story apartment buildings in Southern California. 
  • Utility Company. Representation of a major investor-owned utility company in connection with leasing sites for the installation of roof-mounted solar photovoltaic panels.
  • Power Plant. (Vernon, Ca). Preparation of licensing documents for a 943 megawatt combined-cycle generating power plant facility in the City of Vernon, California. 
  • Power Plant. (Victorville, CA). Preparation of licensing documents for a 563 megawatt hybrid natural gas-fired combined cycle and solar thermal power plant in Victorville, California.  The project was approved by the California Energy Commission in 2008. 
  • Propert Owner. Representation of major property owner in connection with a power purchase agreement with a municipal electrical utility.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with drafting and negotiating a power purchase agreement with Pacific Gas and Electric Company.

Renewables and Alternative Energy

  • Renewable Energy Facilities Developer. (Santa Barbara, CA). Representation of a developer of renewable energy facilities with organizational matters and bid on waste-to-energy project at Santa Barbara landfill site.
  • Renewable Energy. Participation on a team with CTG Energetics under a contract from the California Energy Commission addressing energy efficiency and renewable energy in light of the California Global Warming Solutions Act.
  • Geothermal Projects. Representation of client on leasing, facility siting and transmission agreement issues for a number of geothermal projects.
  • Power Plant. (Colusa County, CA). Preparation of licensing documents for a 660 megawatt combined cycle power plant using Dry Cooling technology in Colusa County, California.  The project was approved by the California Energy Commission in 2008. 
  • Renewable Energy Facilities Developer. (San Diego County, CA). Representation of developer of renewable energy facilities in connection with the development of a new wind energy generation facility in San Diego County, California.
  • Utility Company. Principal counsel for a publicly owned utility over a disputed power sharing agreement, which was entered into in 1934, covering hydro-power as well as other sources.  This agreement implicated the accounting treatment of other contracts related to transmission line construction and use, power plant acquisitions, and government oversight.
  • Wind and Solar Energy. (Kern County, CA). Representation of client on due diligence analysis and review of wind power and solar power development potential on thousands of acres in Kern County.
  • Wind Energy Generation facility. Representation of developer of wind energy generation facility on environmental and site permitting issues.
  • Engineering Company. Representation of engineering company in connection with the formation of a joint venture to develop municipal solar power generation projects throughout California.
  • Power Plant Sites. Provided water supply due diligence and negotiations for two natural gas-fueled power plant sites in the Northern San Joaquin Valley.
  • Utility Company. Representation of a municipally-owned utility company on a variety of issues related to authorization, financing, Public Utilities Regulatory Policy Act issues, transmission agreements, and facility siting for a wind power project.
  • Wind Energy Generation Facility. (Kern County, CA). Negotiation of a ground lease for development of a wind energy generation facility in Kern County, California.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with securing water rights for the development of new solar generating facilities.
  • Public Utility District. Representation of the public utility district on energy facility siting, hydropower, licensing, CEQA processing, litigation, and other entitlement and development issues relating to project operations including authorizations with the California Public Utilities Commission.
  • Tertiary-Treated Water. Provided water supply due diligence for reclaimed tertiary-treated water in the South San Francisco Bay area for two natural gas-fueled power plants.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with the drafting and negotiation of construction contracts for the development of new solar generation facilities.
  • Bio-Fuels Company. Representation of bio-fuels company in acquisition of a ten-acre site at the Port of Stockton, including preparation of ground lease, sublease, sub-sublease, and other documents. 
  • Federal Agency. Representation of federal agency in connection with review and comment on numerous small hydroelectric projects throughout the Pacific Northwest and participation in administrative proceedings before the Federal Energy Regulatory Commission regarding challenges to and conditions of approval for such projects.
  • Power Plant. (Victorville, CA). Preparation of licensing documents for a 563 megawatt hybrid natural gas-fired combined cycle and solar thermal power plant in Victorville, California.  The project was approved by the California Energy Commission in 2008. 
  • Large Biomass Project. Representation of client of large biomass project on purchase agreements, negotiations with utilities, environmental review, air quality issues and local entitlement and approvals.
  • Renewable Energy Facilities Developer. (Vallejo, CA). Representation of a developer of renewable energy facilities in connection with drafting an alternative wind setback ordinance and lobbying the City Council of the City of Vallejo, California to adopt the ordinance.
  • Renewable Energy Facilities Developer. Representation of a developer of renewable energy facilities in connection with drafting and negotiating a power purchase agreement with Pacific Gas and Electric Company. 
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