Hunton Andrews Kurth has an established reputation as a global leader for providing comprehensive advice in the development and financing of capital-intensive projects. We regularly represent sponsors, lenders, investors, independent power producers, government enterprises and other project participants operating in virtually every segment of the industry, including traditional oil, gas, LNG, coal and nuclear power, and companies involved in developing, marketing and distributing energy derived from renewable sources such as wind, solar, hydro and biomass. Our team is well-versed in traditional project finance, as well as innovative public-private partnerships (P3) financing for energy, transportation, telecommunications and infrastructure projects.

Our projects attorneys have handled transactions in more than 75 countries, counseling clients on some of the world’s largest and most complex projects involving traditional energy, renewable energy and infrastructure projects. Additionally, we have handled a variety of infrastructure projects including industrial facilities, roadways, ports, sports stadiums and similar projects. We provide comprehensive finance, development and infrastructure counsel at every step of a project – from initial conception through obtaining regulatory approvals; drafting, documenting and negotiating of merger, joint venture, power-purchase and other agreements, intergovernmental arrangements; and guidance on construction, operational and management issues.

The individual lawyers of our projects practice have deep, focused experience in complex areas of finance, credit, and lending enabling the team to address the specific needs of commercial banks and other financial institutions, institutional lenders and investment funds. Our practice coordinates the delivery of legal services in a multidisciplinary approach, involving experienced lawyers from all practices of the firm in order to provide clients with seamless advice and creative solutions to their business needs. Our coordinated approach provides clients with a comprehensive team of talent advising clients on the full spectrum of project and energy-related matters including:

  • Project finance and development;
  • Project acquisitions and dispositions, and acquisition financings;
  • Financing and development of renewable projects;
  • Regulatory matters;
  • Tax; and
  • Public policy.

The firm consistently receives top-tier rankings by leading legal and industry legal publications such as Chambers USA, Chambers Global, and the Legal 500. Our accolades include several “Deal of the Year” awards from leading publications including International Financial Law Review (IFLR), Project Finance (PF) magazine and Project Finance International. Like the firm’s energy and infrastructure team, our environmental, corporate, litigation, regulatory and tax team partners consistently receive top-tier rankings by Chambers and other leading legal publications.

Experience

  • Selected Project Finance and Development Experience Highlights

    Includes acting as counsel to:

    • APR Energy PLC in a large-scale power contract that will allow the company to build a 100-megawatt power plant in Kyaukse, in the central Mandalay Region of Myanmar. APR Energy is the world’s leading fast-track mobile turbine power business. This is the first power generation agreement signed by a US-based company with the Myanmar government since government sanctions were lifted in 2013.
    • EverPower Wind Holdings and borrower Big Savage LLC in connection with repayment of cash grant bridge loans and conversion of construction financing to term loan financing for the 140 MW Twin Ridges wind farm project in Pennsylvania.
    • InterGen in connection with:
      • its $217 million 205 MW natural gas-fired San Luis de la Paz power project in San Luis de la Paz, Guanajuato, Mexico; and
      • the $118 million financing for the Altamira Compression Station in Altamira, Tamaulipas.
    • ITOCHU Corporation and CHUBU Electric Power Co., Inc. (CEPCO) in connection with Tyr Energy, Inc.’s (a subsidiary of ITOCHU) and CEPCO’s formation of a joint venture to acquire from affiliates of Tenaska, Inc., interests in five electric generating plants located in the U.S. with capacity of approximately 4,800 MW.
    • Japan Bank for International Cooperation (JBIC), Nippon Exportand Investment Insurance (NEXI), and a group of commercial banks on a $4.369 billion senior secured project debt finance, letter of credit and working capital facilities to finance the construction and operation of Train 1 of a multi-train natural gas liquefaction and export facilities project to be located on Quintana Island near Freeport, Texas. Awarded 2014 “Deal of the Year – Americas” by Project Finance International (PFI) and 2014 “Americas Award for North American Oil & Gas and Global Overall” by Infrastructure Journal and 2015 Global Finance Deal of the Year: Project Finance by The American Lawyer.
    • a leading insurance company in connection with the financing of an operating natural gas-fired peaking generation plant located in California.
    • a private equity fund in connection with:
      • the $304 million construction financing of a 600 MW gas-fired power project in New Mexico;
      • the development and $422 million construction financing of a 512 MW gas-fired plant in New Jersey; and
      • the acquisition and project financing of approximately 100 MW of hydroelectric generating facilities in Maine.
    • Olympus Power, LLC in connection with the restructuring of the Brooklyn Navy Yard, a 286 MW gas-fired combined-cycle cogeneration facility.
    • Philip Morris Capital Corporation in lease financing of Big Rivers Electric Corporation coal-fired generating facility in Kentucky.
    • Polaris Energy, LLC, a joint venture comprised of affiliates of Tyr Energy Inc. and a leading insurance company, in connection with the leveraged acquisition of approximately 1000 mega-watts of natural gas-fired facilities located in in Colorado, Idaho, Minnesota and Wisconsin.
    • Power Partners Ltd. in connection with the $1 billion financing for the GNPower Mariveles Coal Plant project, a 600 MW coal-fired plant to be constructed in the Municipality of Mariveles, Province of Bataan, the Philippines. Recognized as 2011 “Deal of the Year” by five leading publications, including IFLR and PFI.
    • Progress Energy in connection with its $30 billion merger with Duke Energy.
    • Sonnedix BV in connection with its ground mounted solar photovoltaic projects in Thailand, including an 9.5MWp (AC) installation in Chiang Rai, a 7.5MWp (AC) installation in Nakhon Ratchasima, and a 3.5MWp (AC) installation in Minburi.
    • UniStar Nuclear Energy in connection with the structuring, development and financing (including negotiation of a conditional commitment with the Department of Energy under the Title XVII loan guarantee program) for the Calvert Cliffs 3 project.
    • a consortium of financial investors in the leveraged acquisition of a portfolio of approximately 1,000 MW gas-fired power facilities located in Colorado, Idaho, Minnesota and Wisconsin.
    • the equity investors in connection with a 56 MW converted biomass project located in Florida.
    • the owner in connection with a nominal 725 MW gas-fired combined-cycle generating facility located in Maryland.
    • the lead arranger, administrative agent and lender in connection with a first lien credit and guaranty agreement for MACH Gen, LLC, project portfolio, including the 1,080 MW natural gas-fired Athens power project in New York, the 1,092 MW natural gas-fired Harquahala power project in Arizona and the 360 MW Millennium power project in Massachusetts.
    • the lead arranger, administrative agent and lender in connection with senior secured financing for Odessa Power, LLC, which owns the 1,000 MW natural gas-fired, combined-cycle Odessa-Ector power project near Odessa, Texas.
    • the lender in connection with a term B loan facility revolving credit facility for Guadalupe Power Partners, LP, which owns the 1,000 MW natural gas-fired, combined-cycle Guadalupe power project near Marion, Texas.
    • the lender in connection with a first lien term loan facility and first lien revolving credit facility for La Paloma Generating Company, LLC, which owns the 1,022 MW natural gas-fired, combined-cycle La Paloma power project near McKittrick, California.
    • the lender in connection with the $1.4 billion acquisition financing in connection with LS Power’s purchase of six U.S. natural gas-fired power plants from Mirant Corporation.
    • lead arranger and administrative agent in connection with a $1.4 billion term B loan facility for the leveraged buyout and refinancing of a nuclear waste facility.
    • a private equity fund in connection with mezzanine financings of various power assets located in North America.
    • the tax equity investors in connection with the 211 MW Stephens Ranch wind farm in Texas.
    • the tax equity investors in connection with the 200 MW Prairie Breeze wind farm in Nebraska.
    • the tax equity investors in connection with a portfolio of two Texas wind farms totaling 248 MW.
    • the tax equity investors in connection with the 149 MW Goldthwaite wind project in Texas.
    • the tax equity investors in connection with a 288 MW Miami wind project in Texas.
    • four tax equity investors, including Bank of America as lead investor, in connection with a portfolio of 400 MW wind projects in Colorado.

Insights