Energy
Barnes & Thornburg’s experience in energy law enables us to advise on virtually all phases of operations and transactions involving investor-owned, municipal and other types of utilities, generators and service providers. We work with large and small utilities alike, advising on appeals, declaratory judgment actions, injunction proceedings, contract negotiations, condemnation cases, financing, legislation, pole attachment matters, and other aspects of provider operations.
We handle hundreds of rate cases and represent energy and utilities clients before the Indiana Utility Regulatory Commission, Federal Energy Regulatory Commission, Federal Communications Commission in Washington, D.C., and before state and federal courts. Clients turn to us to help resolve issues pertaining to eminent domain, zoning, service area and territorial disputes, and Federal Energy Regulatory Commission (FERC) matters. Notably, our team obtained one of the first Certificates of Public Convenience and Necessity (CPCN) sought under Indiana’s Utility Powerplant Construction Act, and we routinely represent energy clients seeking CPCNs for new generation.
Our team is involved in the full array of financing transactions, including bond issues, public offerings and private placements. We provide counsel regarding compliance with federal and state reporting requirements, jurisdictional conflicts and regulatory approvals. We have guided energy, utilities and communications clients through dozens of provider mergers and acquisitions and in determining and obtaining the requisite approvals.
We also represent renewable, green and alternative energy providers, including independent power and co-generation producers, at all stages of development, rendering practical advice that helps them capitalize on new opportunities to come. In addition, we guide telecommunications and local exchange companies and their affiliates, carriers and associations through the range of legal issues they face and in federal and state proceedings arising under the Telecommunications Act of 1996.
In 2017, Barnes & Thornburg was the only Indiana firm ranked Tier 1 on U.S. News-Best Lawyers Best Law Firms list in Indianapolis for energy law.
Expanded Capabilities
In addition to the services described above, the practice advises energy developers, owners, investors, lenders, and underwriters on renewable and alternative energy projects, including wind, solar, storage, bioenergy, and distributed generation. This includes project development and construction, project and portfolio finance, mergers and acquisitions, power purchase and virtual power purchase agreements, microgrids, and public power and utility financing, with integrated tax, environmental, real estate, and regulatory support.