Energy Transition

Our team's top-ranked experience with power markets, paired with our sophisticated understanding of renewable generation, allows us to assists clients on their most difficult and complex transactions and issues. Our experience extends to a broad set of issues relevant to the sector, from cutting-edge offshore wind to market-leading deals and transaction structures to evolving regulatory issues. We help clients get renewable energy projects built and guide clients throughout the development process, including from initial offtake and interconnection discussions through commercial operations. Our team has a strong reputation for being practical, business-focused attorneys who get deals done and projects built. 

Our energy attorneys are experienced in all manner of electric transmission matters. Our team has assisted clients in the development and financing of new or upgraded transmission projects, commercial negotiations for transmission (and related) projects, and navigating disputes and potential litigation arising during the development of these projects. Our experience extends to transmission rates and cost allocation—with a particular focus on the energy transition aspects of those issues. We represent clients before FERC and RTOs/ISOs as rules related to transmission planning and interconnection evolve during the energy transition. 

Our team offers clients solutions related to opportunities throughout the growing hydrogen economy. We are well-versed in hydrogen pipeline regulation as well as new tax credits and subsidies spurring the development of new hydrogen projects. 

We counsel clients on the effect of the energy transition on legal requirements stemming from the Public Utilities Regulatory Policies Act of 1978 (PURPA), and we have successfully represented clients in front of FERC and state public utility commissions in matters related to those requirements. We also advise on competition and jurisdictional issues surrounding emerging markets for distributed resources, including battery storage, and we represent clients in connection with matters related to FERC Orders No. 841, 872, and 2222. Our energy transition team also has experience negotiating offtake and commercial contracts for distribution-level resources, including PURPA contracts.

Our leading practice focused on carbon capture and sequestration (CCUS) has been involved with implementation of section 45Q and regulatory and sub-regulatory guidance since the passage of the section 45Q tax credit in 2009. Steptoe attorneys were directly involved in the passage of legislation in 2018 to amend the tax credit to create greater incentives and expand it to utilization, as well as in implementing these amendments in regulations and other guidance. We are working with clients to structure sequestration projects and tax equity partnerships to take advantage of the section 45Q credit, including advising on qualification for the credit, reviewing and submitting life cycle analysis reports, drafting sequestration agreements and other contracts in support of tax equity structures, and negotiating and drafting tax equity agreements with counterparties.