Hydro

Well before the current global focus on developing new sustainable sources of energy, Hunton Andrews Kurth actively engaged in assisting clients in developing alternative and renewable energy projects.  Since the 1980s, our renewable energy practitioners have represented developers and investors on hydroelectric, wind, solar, geothermal, biomass, landfill gas and other innovative projects in the United States and around the world.  Over the years, and through evolving regulation and economic cycles, our lawyers have counseled clients on how to best design, permit, finance, construct and operate a wide variety of alternative energy sources and their associated transmission and distribution infrastructure.

Hunton Andrews Kurth has advised sovereign governments, utilities, developers, private equity funds and lenders on all aspects of hydroelectric power projects located throughout the United States and globally.  This work, in combination with our representation of U.S. electric utility companies for almost a century, has given us extensive experience in all facets of hydroelectric power project development and financing.  Our project development work has included:

• drafting and negotiating joint venture, partnership, shareholder and other corporate structuring documentation,
• drafting and negotiating all project related contracts, including Power Purchase Agreements, Engineering, Procurement and Construction contracts, and operation and maintenance contracts,
• structuring, conducting, and responding to tenders for the development of international hydroelectric projects,
• structuring, drafting and negotiating Concession Agreements, Implementation Agreements, and other government support agreements,
• negotiating Partial Risk Guarantees and other multi-lateral credit support designed to backstop government support agreements,
• advising on regulatory matters arising under Part I of the Federal Power Act and advising clients on qualification for US tax credits, and
• providing general environmental counseling advice on permitting and licensing, compliance, rulemakings, enforcement and sustainability.
• Coordinated with US EPA to prepare and file comments on behalf of a hydropower association regarding US EPA region’s proposed issuance of NPDES general permit for hydroelectric facilities.
• Secured dismissal of an Endangered Species Act (ESA) claim filed in the Northern District of California alleging take of federally protected fish species in connection with the operation of a hydroelectric project in Northern California.
• Represented hydropower association and coalition of generating facilities in comments on proposed NPDES permits for hydropower facilities addressing Clean Water Act issues, including applicability of § 316(b) requirements for cooling water intakes to hydroelectric facilities.

Hunton Andrews Kurth has significant experience in structuring and negotiating equity and debt financing for domestic and international hydroelectric power projects.  Our lawyers regularly represent power project developers and sponsors, as well as international banks and other lenders in syndicated credit transactions and structured financings.  We have also served as counsel in projects that utilized financing and other programs provided by the US Ex-Im Bank, OPIC, the World Bank, MIGA, the IFC, IDB and other governmental and multinational export credit, risk insurance and lending agencies, and have been involved in a number of transactions that include capital markets debt and multi-lateral or ECA financing tranches.