Energy & Telecommunications

Offshore & Onshore Wind Power

Preti Flaherty has been at the forefront of offshore and onshore wind projects for several decades, ever since Maine and the rest of the U.S. took its first steps into the wind energy sector. Our Energy and Environmental attorneys, through their extensive knowledge and experience, advance complex energy developments by crafting legislative and policy programs aligned with our clients’ business models and regional electricity markets; anticipating key agency permitting issues; developing a public relations strategy and cultivating grassroots and stakeholder support; and most importantly, understanding project opposition so that we can effectively and efficiently steer around the obstacles.

Onshore Wind

Since the growth of utility-scale onshore wind generation in New England over twenty years ago, Preti Flaherty has advised dozens of clients in connection with wind project development, operation, and related transactions. Our clients include developers, landowners, investors and lenders, manufacturers of equipment including turbines, construction firms and contractors, and offtakers of energy and renewable attributes, among others. We have helped our clients build and maximize revenues from onshore wind projects that are now operating; implement international transmission arrangements to bring wind power across the U.S.-Canada border in both directions; negotiate and document power purchase agreements under various models including physical deliveries, contracts for differences, and virtual power purchase agreements, among others; interconnect wind projects to the regional electric grid and obtain transmission service under utility tariffs; qualify for renewable energy certificates and federal tax incentives including renewable energy production tax credits; and evaluate and consummate transactions to buy and sell interests in onshore wind projects and portfolios.

Offshore Wind

On offshore wind, we have been engaged for the University of Maine and developers since 2008. We obtained all of the regulatory and transactional approvals for the first grid-connected floating offshore wind project in the Americas. We also negotiated the Joint Development Agreement between Deepwater Wind Rhode Island LLC, the Office of Energy Resources, and the Rhode Island Economic Development Corporation, enabling the development of a 30 MW offshore wind project off Block Island—the first commercial offshore wind project in the United States. Our attorneys have also been involved for over a decade in regulatory, permitting, transactional and PPA work on all the Maine offshore wind projects, including negotiating and obtaining Public Utilities Commission approval of the first power purchase agreement for a full-scale demonstration floating offshore wind project. We also have been working on a 10-turbine floating wind project in the Gulf of Maine.

Our extensive offshore and onshore wind experience further includes:

  • Responses to Governmental/Utility RFPs
  • Term sheet, PPA and other commercial negotiations, including long-term contracts
  • Environmental permitting (local, state and federal)
  • Other state and local permits
  • CZMA Consistency Determinations
  • BOEM leasing/approvals
  • Acquisition (purchase, lease and options)
  • Partner transactional documents
  • Conservation easements
  • Submerged land leases
  • Transmission lines, pipelines and roads
  • Interconnection Agreements
  • Regional Grid Operator (e.g. ISO New England) matters
  • Federal Licensing and Permitting
  • Renewable Energy Credits (RECs)
  • Project Financing
  • Federal Grants and Loan Guarantees

Unmatched influence

Preti Flaherty’s lawyers and lobbyists have been involved in every significant piece of renewable energy legislation in New England. We were instrumental in crafting a key compromise facilitating passage of Maine’s original Ocean Energy Act, which paved the way for development of the Maine Aqua Ventus project and other Maine offshore wind assets. We regularly engage with state incentive policies including Renewable Portfolio Standards and net metering programs, lobby on governmental renewable power procurement programs, and advocate for energy infrastructure development. Our knowledge, experience, and immersion in the legislative and regulatory paradigms governing renewable energy allow us to navigate the complex framework of laws and regulations and advance the inevitability of wind power development projects.

Firm Highlights

News

Preti Attorneys File Suit Against Al-Generated Robocalls in the 2024 NH Presidential Primary

Representing the League of Women Voters of New Hampshire, the League of Women Voters of the United States, and individual voters, Preti Flaherty, with co-counsel, filed a federal lawsuit against Steve Kramer, Lingo Telecom...

Publication

Veto Day and Final Day of the 131st Legislature

The Legislature convened on Friday, May 10 th for Veto Day to take action on the six bills objected to by the Governor. As expected, all six vetoes were sustained by lawmakers allowing  Governor...

News

Preti’s Sig Schutz Recognized as Member of NHPR’s Pulitzer-Finalist Team

Preti First Amendment attorney Sig Schutz has been recognized as “a core member of the [NHPR] team” involved in a podcast honored as a Pulitzer Prize finalist in the audio journalism category.  The podcast...

News

Greg Hansel Named Top 25 Attorney of the Northeast Region by Attorney Intel

Preti Flaherty attorney Greg Hansel has been named one of the Top 25 Attorneys of the Northeast Region for 2024 by Attorney Intel . This year’s class of attorneys has been recognized for excelling...

News

Preti Flaherty Welcomes Trusts and Estates Attorney Dianne Ricardo to the Firm

Preti Flaherty is pleased to announce that Dianne Ricardo has joined the firm’s Trusts & Estates Practice Group. Based out of the firm’s Concord, New Hampshire office, Dianne focuses her practice on comprehensive estate...

News

10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...

Publication

What Is the Affirmative Relief Announcement?

On June 18, 2024, President Biden announced  a series of immigration actions  using the authority granted to him by our existing immigration laws. These actions will help certain undocumented individuals in the United States...

Publication

Supreme Court Clarifies Constitutionality of Outdoor Camping Bans

Earlier today the United States Supreme Court issued its decision in the  City of Grants Pass, Oregon v. Johnson et al. , overturning a 2019 decision from the 9 th  Circuit Court, which held...

Publication

Massachusetts High Court Issues Important Ruling Impacting Prompt Pay Act

Earlier today, the Massachusetts Supreme Judicial Court issued an order in the matter of Business Interiors Floor Covering Business Trust v. Graycor Construction Co. Inc. This decision presents the high court’s first ruling clarifying...

Publication

Compliance for Two—What Employers Need to Know about the Newly Effective Final Regulation for the Pregnant Workers Fairness Act

On June 18, 2024 the final rule from the U.S. Equal Employment Opportunity Commission (EEOC) implementing the Pregnant Workers Fairness Act (PWFA) takes effect, clarifying employers' obligations under this landmark legislation. Effective since June 27...