Dickstein Shapiro assists clients with the drafting and negotiation of a wide variety of energy-related agreements. The firm represents marketers, generators, utilities, transporters, shippers, and large consumers in connection with contracts for the purchase and sale of electricity and natural gas, electric transmission service, natural gas storage and transportation, interconnection arrangements, and the supply and transportation of oil and coal, as well as commodity swaps, hedges, and other derivative transactions. The firm utilizes NAESB, EEI, and ISDA master agreements, as well as customized contracts, for these transactions. The firm helps to structure, draft, and respond to Request for Proposals (RFPs); serves as counsel for the auction of energy supplies and related rights; advises clients on the scope and effect of contractual obligations and consequences of nonperformance; and assists clients with the assignment or delegation of rights and obligations under existing agreements and drafting and implementing new back-to-back arrangements. The firm prepares and negotiates agreements for the operation, maintenance, administration, and management of energy and other infrastructure facilities, as well as contracts for design, engineering, procurement, and construction services for new facilities. Dickstein Shapiro assists clients in negotiating credit support arrangements for all of these transactions. The firm also negotiates releases of gas transportation rights; coordinates multiple releases across different pipelines; and assists marketers and traders with the purchase or sale of trading books. The firm also fully understands the effect of energy regulation on the performance of these contracts and advises clients both on the obligations involved and the methods to minimize regulatory compliance burdens.
Interconnection Agreements
Dickstein Shapiro represents both generators and transmission owners on all legal matters relating to interconnection service, including the drafting and negotiation of agreements, commissioning studies, determining queuing and interconnection priorities, and assigning upgrade cost responsibility. The firm has assisted generators on various interconnection issues for more than 30 power facilities, including facilities owned by the following companies:
The firm has drafted and negotiated interconnection agreements on behalf of the following transmission owners:
In addition, the firm counseled Duke Energy North America on the establishment of generator control areas and associated regulatory implications, including providing advice on amending interconnection agreements regarding current control areas and ensuring that operating reserve agreements are in place.