Case Studies

AP&S Guides Narragansett Bay Commission through Major Wind Turbine Deal

The Challenge:

As a quasi-public corporation charged with operating the largest wastewater treatment project in the state, the Narragansett Bay Commission (the “NBC”) is a consumer of large amounts of electricity. The NBC made a commitment to supply all the electric power for its operations from renewable energy sources. When the NBC sought to offset its own usage of traditional electric sources with wind energy by purchasing three 1.5 megawatt wind turbines in Coventry, RI, it looked to AP&S for trusted counsel.

The Solution:

AP&S attorneys drafted the purchase and sale agreement, guided the client through the continuation of ongoing maintenance agreements with the turbines’ European manufacturer, and helped lay the groundwork for future deals. The firm’s real estate and environmental/energy team conducted due diligence with regard to critical zoning, environmental, energy and permitting elements of the project, and facilitated the client’s integration into National Grid’s net metering system going forward.

Throughout the engagement, AP&S attorneys drew attention to and negotiated key terms supporting the transaction. The deal involved many aspects unique to the wind power industry, including complex technological specifications for the turbines, environmental siting considerations, and special coordination with the local electricity grid. Recognizing that wind power is the wave of the future and that Rhode Island is uniquely situated at the forefront of this emerging industry, the AP&S team worked expeditiously to close the transaction under tight deadlines and at reasonable cost.

The Result:

With steady guidance from AP&S attorneys, the NBC’s purchase of three state-of-the-art wind turbines was an unqualified success. The NBC’s turbines are now online and integrated into the local power grid, allowing the NBC to offset its traditional electric usage with these new renewable energy wind turbines and to gain the financial benefits of newly created renewable energy credits.

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