Energy Law is the firm's specialty. Attorneys represent electric and natural gas utilities, municipalities, utility customers, power plant developers, power marketers and others on a variety of matters ranging from rate cases and other regulatory matters to contract negotiations. The firm serves as counsel to one of the Pacific Northwest's largest investor owned electric utilities as well as large and small independent power producers.

Project Development & Legal Strategy
We help clients to formulate and implement successful strategies for realizing their energy projects by assisting with financing strategies, assessing and mitigating legal risks, and helping clients leverage local, state, and federal tax and regulatory incentives available to renewable energy project developers.

Power Purchase Agreements
Most utilities are required by the Public Utility Regulatory Policies Act (PURPA) to purchase electricity from small power producers, or Qualifying Facilities (QFs). Lovinger Kaufmann has extensive experience in negotiating and drafting power purchase agreements between utilities and QFs, and as a result, we are well versed in ensuring that these agreements comply with PURPA, the Federal Power Act, and other federal laws and regulations. We are also knowledgeable in the various state public utility commission requirements that must be integrated into power purchase agreements, such as insurance, security, and treatment and ownership of Renewable Energy Credits (RECs).

Generation Interconnections
The firm represents transmission owners and customers in a variety of matters related to transmission facilities, including Regional Transmission Organization (RTO) development, FERC proceedings, state siting issues, acquisitions, and contract negotiations.

Our attorneys are experts in handling transmission pricing issues, and are well informed as to FERC policies regarding the interconnection of renewable generation resources, pricing, merchant transmission, regional transmission organizations, and Open Access Transmission Tariffs. We are very familiar with the landmark FERC orders governing these issues, such as Orders 888, 889, 890, 2003, and 2006, and also keep ourselves educated as to any new FERC orders that affect these landmark orders, thereby insuring that your business complies with the most recent FERC requirements.

Transmission Agreements
Attorneys for the firm draft and negotiate transmission agreements between Open Access transmission providers and customers seeking to use the provider’s transmission system. We are experienced in renegotiating grandfathered pre-Order 888 transmission agreements and drafting transmission agreements with non-FERC jurisdictional transmission providers, including the Bureau of Indian Affairs.

Large Customer Service Agreements
Lovinger Kaufmann represents customers whose large electric service needs merit negotiating a special service agreement. We help large customers and their suppliers identify optimal service plans and evaluate potential opportunities to reduce cost through self-generation, self-supply of ancillary services, interruptible service, and other options.

Renewable Energy Credits
Power purchase agreements for the sale of renewable power also involve the sale of Renewable Energy Credits (RECs), also called green tags or environmental attributes. Lovinger Kaufmann is experienced in negotiating power purchase agreements involving RECs and is familiar with the varying ownership rules and public utility commission treatment of RECs.

Carbon Caps
Utilities and other businesses that are required to comply with international, national, state, or local regulations implementing carbon caps and trading, or those anticipating future regulations requiring compliance, can turn to Lovinger Kaufmann for guidance in complying with these regulations. We can help you with reporting and accounting requirements, formulating a trading strategy, and negotiating and drafting purchase and trade agreements.

Due Diligence and Purchase or Sale of Generating Assets
Lovinger Kaufmann represents public utilities in the sale of public utility assets and in connection with these sales, is experienced in the preparation of applications to public utility commissions, negotiations with the U.S. Forest Service for permits to operate on federal land, ensuring compliance with FERC regulations, negotiation of terms of sale agreements, and working with governing entities to reduce opposition to the sale. We are prepared to offer due diligence services with respect to utility mergers and energy asset purchases and sales, including contracts review, evaluating commercial and legal risks, obtaining necessary leases and licenses, and regulatory approval.