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Electricity and Mining
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Electric Power: Generation and Transmission

With our significant practice experience in the electric power industry, we regularly represent project contractors and others in the development and financing of power and transmission projects, internationally and domestically, as well as owners and operators of power and transmission projects.

Project Development and Power Plant Operations

Ranging from simple and combined-cycle thermal generation projects, cogeneration projects and hydro-electric projects, as well as facilities for high voltage transmission systems; our experience includes the negotiation and documentation of the following power project agreements, for owning and operating power plants and transmission systems.

  • Environmental Site Assessment Issues and Environmental Permitting
  • EPC Contracts
  • Fuel Supply and Transportation Agreements
  • Land Use and Zoning, as well as the Analysis of Available Tax Abatements and/or the Creation of Free Enterprise Zones
  • Long-Term Parts and Service Agreements
  • NIMBY (Not In My Back Yard) Disputes
  • Operation and Maintenance Agreements
  • Power Purchase and Tolling Agreements
  • Site Selection and Related Issues, Including Interconnection Issues such as Access to the Transmission Grid and the Availability of Fuel and Water Supplies
  • Turbine Purchase Agreements

Project Finance Experience

Our financing of electrical power generation and transmission project experience includes counseling and supporting the drafting and negotiating of project documents, providing analysis of contractual and commercial risks and assisting in the development of measures to effectively mitigate or hedge risks.  Included in our experience is the analysis of:

  • Direct Agreements with Lenders, including Consents, Estoppels and Subordinations
  • Equity Support Agreements and Security Agreements
  • Financing Term Sheets
  • Guaranties
  • Hedging Agreements
  • Letter of Credit Arrangements
  • Loan Commitment Letters
  • Multi-Tranche Loan and Credit Agreements
  • Subordinated Debt Agreements

Mining

We also handle the legal aspects of many types of mining agreements and transactions such as:

  • Mineral Leases and Concessions Involving Private and Government Lands
  • Joint Ventures (Contractual and Corporate)
  • Mine Permitting and Expansions
  • Property Acquisitions and Sales
  • Purchases and Sales of Mineral Products
  • Mine Financing
  • Contracts of Affreightment and Other Trasnportation Agreements
  • Commodity Price Protection Agreements
  • Services Agreements
  • Waste Treatment and Disposal
  • Reclamation Bonding
Our mining experience spans agricultural and industrial minerals, precious and base metals, and other minerals within the U.S. and abroad.