Phyllis J. Kessler

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Renewable Energy

• Representation of municipal authority in negotiation of Power Purchase Agreement for construction and sale of power from solar facilities built on site, including Remote Net Metering provisions enabling wheeling of power to a remote garage owned by the Authority
• Representation of state college in negotiation of Power Purchase Agreement for procurement of electricity from remote solar plant
• Representation of municipal authority garage owner in negotiation and drafting of contract with EV charging station provider for charging stations in three garages
• Represented a clean energy development and financing platform in connection with the development of a microgrid to produce and distribute electricity to offtakers in an Opportunity Zone
• Represented the developer of a community fuel cell project with multiple sites on Staten Island in drafting and negotiating contracts with fuel cell supplier and EPC contractor to permit sale to residential customers
• Represented a regional transportation agency in connection with a major solar energy project that can provide more than 50% of the total electricity consumption through solar energy, including drafting and negotiating seven power purchase agreements (PPAs) with respect to the purchase of power from a 21-megawatt solar project at seven sites, and which is the first solar powered traction rail project in the nation
• Represented a mission-driven specialty finance organization focusing on clean energy and community development in multiple projects, including drafting form power purchase agreements (PPAs), EPC agreements and loan documents
• Evaluated the Massachusetts Solar Smart program on behalf of a solar developer seeking to site solar plants on leased roofs
• In connection with a $400 million pilot project to establish a competitive market for renewable power in Vietnam, played a key role as a member of the U.S. team in developing key form documents, including power purchase agreements (PPAs), interconnection agreements, contracts for differences, wholesale market participation agreements, Memoranda of Understanding (MOUs) for participation in the pilot program, sales agreements, and meter data service agreements
• Represented power authority in connection with the purchase of electricity and water through PPAs and interconnection agreements with renewable projects being developed in the US Virgin Islands, including a biofuel cogeneration plant, four large-scale solar projects developed by two different developers and offshore wind generation projects with two different developers
• Represented the state power authority in connection with preparation of a form PPA to be used by school districts in New York State for K-12 schools; school districts and universities, which could then enter into PPAs for rooftop, ground mount or canopy solar covering multiple schools
• Represented a lender in connection with a hospital cogeneration project, including negotiating power purchase and energy supply agreements
• In connection with representing a New Jersey industrial building owner acting as developer of solar rooftop project, drafted all project agreements, including consultant, engineering, purchase of panels and racking, installation and financing; addressed all utility tariff and state regulatory requirements; and worked with utility to enable the building owner to submeter the solar power to tenants
• Represented wind generating project developer in developing a utility scale wind project and associated PPA in Pennsylvania, including corporate, commercial, real estate and regulatory issues

Energy Regulatory

• Represented a U.S.-based nonprofit environmental advocacy group before the New Jersey Board of Public Utilities in PSE&G's Energy Strong case, which involved proposals made by the utility to strengthen its system post-Hurricane Sandy and other major storms
• Represented global telecommunications company in connection with large data center project involving negotiations of a high power line with one New York utility and connection of line to substation in another utility service territory
• Represented a global pharmaceutical company in connection with upgrade of high power distribution line, including negotiations with Jersey Central Power and Light, an operating subsidiary of FirstEnergy
• Served as lead counsel for appellant in In the Matter of Public Service Electric & Gas Company's Unbundling, Stranded Costs and Restructuring Filings, 167 N.J. 377 (2001)
• Acted as outside counsel to retail energy marketer, including addressing regulatory requirements for solar demonstration project; developing on-site generation projects; preparing form contracts for energy commodity sales to retail customers; defending litigation related to energy contract disputes, including procurement of fuel in wholesale markets and purchase of retail marketing customer contracts; and counseling related to energy business strategy
• Represented commercial and industrial customers in electric and gas deregulation proceedings before New York and New Jersey utility commissions seeking unbundled rates favorable to client interests
• Represented universities, hospitals and other commercial customers for electric and gas service in electric and gas deregulation proceedings in the design of rates, seeking unbundled rates favorable to client interests and opposing imposition of hourly electricity rates
• Represented commercial office buildings in state utility regulatory proceedings involving electric, gas and steam rates in order to improve the allocation of revenues and the design of tariffs to reduce the share of increased rates imposed on commercial office buildings
• Represented hospitals before the state utility regulatory agency in various electricity, telephone and water rates cases to improve the allocation of revenues and the design of tariffs in order to reduce the share of increased rates imposed on hospitals and nursing homes
• Represented commercial building owners, hotels and other large customers in disputes with Con Edison involving overcharges and individual tariff-interpretation issues