News & Analysis as of

Utilities Sector Contract Terms

Procopio, Cory, Hargreaves & Savitch LLP

Proposed Legislation Would Transform Solar Adoption and Use for Businesses and Homeowners Across California

A bill recently introduced in the California Assembly presents potentially significant impacts to residential, commercial, and industrial solar system owners who filed interconnection applications before April 15, 2023, known...more

Ackerman & Ackerman, P.C.

Acquisition Agents and the Good Faith Offer Requirement for Condemnation Projects

Condemning agencies contemplating the use of eminent domain at times hire third-party acquisition agents to purchase properties ahead of an incoming infrastructure project without the provision of written good faith offers....more

Ackerman & Ackerman, P.C.

Key Takeaways from ITC Easement Offers in Mid-Michigan Transmission Line Project

The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range...more

BCLP

Renewable Energy Case Update 2022

BCLP on

As we enter 2023, we reflect on 2022 as another dynamic year in the renewables and clean energy market. The Renewables and Clean Energy team at BCLP has undertaken a review of judicial decisions reported in 2022 involving the...more

Allen Matkins

Judge Finds Aiding Abetting Tortious Interference With A Contract Is Unrecognizable In Nevada

Allen Matkins on

Hay and solar power must needs be made whilst the sun shines.  Demand for electricity, however, does not end when the sun sets.  The Crescent Dunes Solar Energy Project sought to overcome this problem by using heliostats to...more

K&L Gates LLP

Long-Term Energy Service Agreements - Have Your LTEsay

K&L Gates LLP on

On Monday 9 August 2021, the NSW Government released a consultation paper (Consultation Paper) seeking industry feedback in relation to its Long-Term Energy Service Agreements (LTESAs) proposals. But you may ask, what are...more

Holland & Knight LLP

Force Majeure: COVID-19 Pandemic Issues That Could Impact Electricity Contracts

Holland & Knight LLP on

As the current health crisis from COVID-19 grows, electricity market participants may benefit from developing strategies to assess their risks and protect from potential disputes. All parties may benefit from a deal that...more

Troutman Pepper Locke

Courts Decline to Impose Liability on Subcontractor Where Contractor Could Not Prove Subcontractor’s Exclusive Control on Shared...

Troutman Pepper Locke on

United Illuminating Company v. Whiting-Turner Contracting Co. v. Cherry Hill Construction Co., Inc., et al. v. GEI Consultants, Inc., et al., 3:18-cv-00327-WWE (D. Conn. 2019) - In 2010 The United Illuminating Company...more

Lowndes

Be Wary of Utility Company Easement Forms

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A utility company that provides service to an owner’s property usually requests the owner to sign a standard form of easement that is intended to allow the utility company to enter onto owner’s property in order to install...more

Akin Gump Strauss Hauer & Feld LLP

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

McDermott Will & Emery

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

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