Additionally, with our national platform and broad range of expertise, we are one of the few firms that can provide experienced service across the entire life cycle of a Clean Tech business, including:

• Company formation
• IP Protection and development
• Early stage equity financing
• Government relations, including grants and loan guarantees
• Commercial technology development and deployment
• Project development and finance
• Environmental compliance and permitting
• Debt finance

Regulatory Experience

Our lawyers assist project lenders and sponsors in evaluating financing risks associated with electric and natural gas deregulation, re-regulation, and utility and independent-power insolvencies. They provide regulatory advice in connection with asset and corporate acquisitions and reorganizations; electric and gas rate-making and market conduct issues; interconnection; ISOs and RTOs; holding company strategies (including exemptions and registration); and power sales, trading and tolling agreements. We have participated in major federal and state regulatory proceedings involving generators, transmitters, natural gas suppliers, power marketers and traditional utilities. Bingham lawyers have served on staff or in appointed positions with the Federal Energy Regulatory Commission (including the commission’s former lead counsel for corporate and financing regulation) and the Environmental Protection Administration, as special adviser to the House Subcommittee on Regulatory Reform and Paperwork Reduction, and on the legal staffs of the California Public Utilities Commission and California Energy Commission.

Our work for renewable energy clients has involved the following federal and state regulatory areas:

• We recently assisted Tessera Solar Inc. with permits in one of the United States’ first solar energy projects approved for construction on public land
• Programs to reduce greenhouse gas emission, including representing California’s third-largest electric utility in the design and implementation of regulations under AB 32, California’s landmark greenhouse gas legislation
  • Wholesale access to renewable power via third-party utility transmission facilities
  • Light-handed treatment of the acquisition of passive, tax-equity interests in wind and solar generators
• Innovative transmission initiatives to address congestion, transmission access and use of distributed generation and to provide incentives for their development
• The use of new technologies in connection with enhanced oil and gas production and transportation
• Emissions credits and offsets, siting approvals, land use authorizations, and emissions and discharge control for alternate energy technologies

Members of the group have also been involved in several significant tax and regulatory developments in the renewable energy sector, including:

• Obtaining the first IRS private letter ruling for Section 45 credits that clarified the ability of current and subsequent owners to claim the credits
• Obtaining the first IRS Revenue Ruling related to Section 45 credits, including establishing the applicable used-property rules and clarifying the definition of a wind energy facility
• Developing and successfully marketing numerous so-called “Section 707(c)” credit support structures and equity flip structures
• Establishing tax parameters for pay-as-you-go structures acceptable to institutional tax equity investors
• Established groundbreaking FERC interpretation of the “one mile rule” that could otherwise limit simultaneous ownership of certain classes of wind and solar facilities

• California Public Utilities Commission Adopts Rules for Tradable Renewable Energy Credits April 21, 2010

• Bingham Represents GE, JPMorgan in Joint Investment Feb. 28, 2012
• Bingham Representing SCS Energy in HECA Financing Nov. 9, 2011
• GE to Acquire $3.2 Billion Energy Loan Portfolio Oct. 31, 2011
• Passage Comments on Renewable Energy Financings Oct. 6, 2011
• OneRoof Energy Team Closes $50 Million Solar Portfolio Financing Oct. 6, 2011
• Bingham Noted As a Top U.S. Clean-Tech Law Firm June 15, 2011
• Firm Secures Victory for Calico Solar Project April 19, 2011
• Firm Represents GE-EFS in Wind Farm Project April 21, 2011
• Bingham Team Secures Permits for Calif. Solar Energy Facility Oct. 6, 2010
• EIF Closes Latest Fund With $1.713 Billion in Commitments Oct. 31, 2011
• Bingham Secures Victory for Calpine and GE EFS Nov. 24, 2010
• Bingham Team Secures Permits for Calif. Solar Energy Facility Nov. 17, 2010

• Bingham Hosts NECEC Innovation Consortia and Member Mixer Aug. 10, 2010
• Bingham Sponsors TCN CleanTech Program June 3, 2010
• Bingham Hosts Webinar on SEC Interpretive Guidance for Climate Change Disclosures Feb. 22, 2010
• BABCNE Event — The New Energy Challenge: Think Green to be Green Jan. 4, 2010
• Fifth Annual Conference on Clean Energy Jan. 4, 2010
• Bingham Sponsors Panel on Cleantech, Government Financing Oct. 14, 2009
• Firm Hosts TCN CleanTech Capital Program Aug. 12, 2009
• Bingham Sponsors Clean Energy Forum April 9, 2009