Case Study: Private Power Company

Representation of a client owned and operated non-utility power plants, ranked by Forbes in 2014 as one of the 50 largest private companies in the United States. Client’s core business was to execute long term contracts with tolling agreements where a partner supplied the fuel and agreed to buy the off-take which was wholesale electricity. While the client supported putting a price on carbon, the climate bills pending in Congress did not recognize these contractual agreements, and therefore did not allow for the passing through of costs of the required climate control technology. Through a concerted education and lobbying campaign, changes were effectuated to the bill that excluded these assets from the impact of the legislation for the life of these contracts. The legislation became the first climate bill to ever pass the House of Representatives.