Andrew D. Schifrin

Partner

New York
Business Phone: 212.704.6022
Business Fax: 212.704.6288

andrew.schifrin@troutman.com

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Andrew Schifrin has been practicing law for more than two decades and focuses his practice on infrastructure and energy-related project development and finance as well as transactional, regulatory and litigation matters. He represents a broad range of industry participants including investors, developers/sponsors, power plant owners, industrial and commercial concerns, lenders and other financial institutions, energy marketing and management companies, manufacturers and service providers.

Andrew has a multidisciplinary transactional practice. He has drafted, negotiated, analyzed, and restructured numerous types of agreements, including those related to infrastructure and power plant development; mergers and acquisitions; joint ventures and investments; off-take agreements (including project agreements ["PPP"], wholesale and retail power purchase agreements ["PPAs"], tolling arrangements, capacity sales agreements and contracts for differences, thermal energy sales and water purchase); operation and maintenance; long-term service agreements; interconnection; fuel supply and storage; transmission; engineering, procurement and construction ("EPC"); design, build, finance and operation agreements; and other contracts associated with the development, acquisition, servicing and operation of infrastructure projects and electric, thermal and desalination plants.

With respect to power, he has extensive experience with a wide variety of power generation technologies, including gas, coal, oil, hydroelectric, wind, solar, biomass, waste-to-energy, cogeneration, fuel cells and other renewable and non-renewable technologies.

In recent years, Andrew has assisted clients with their development of numerous renewable energy facilities, and has helped negotiate more than 1,000 megawatts ("MW") of executed power purchase agreements for these clients in the United States. He has led negotiations for numerous clients with respect to utility, corporate and commercial off-take arrangements, including physical transactions (such as PPAs, Tolling Agreements and Hedges) and non-physical transactions (such as Contracts for Differences and Synthetic PPAs). Over the course of his career, Andrew has helped clients in connection with the development of thousands of megawatts of generation.

Representative Matters

  • Mesquite Creek Wind, a subsidiary of Sumitomo Corporation of Americas and BNB Renewable Energy, in connection with the development and project financing of a 201 MW wind project in Texas. Andrew acted as lead project counsel and was responsible in representing Mesquite Creek in the negotiation and documentation of all the major project contracts for the wind project, including four separate off-take arrangements (including PPAs, hedges and CFDs with Mars and BP), a turbine supply agreement with GE, an EPC agreement with Blattner Energy, three operations and maintenance agreements (a full service agreement, an operation support agreement and a balance-of plant agreement) and other key project documents.
  • The owners of the 750 MW West Deptford Facility, a gas-fired power plant in New Jersey, in connection with an Asset Management Agreement and a Shared Facilities Agreement with LS Power.
  • The Houston Astros, in connection with the purchase of electric and thermal energy from a cogeneration facility, for use in its baseball stadium.
  • Osaka Gas and Chubu Electric, with respect to matters associated with their purchase of electricity to support their obligations under a tolling agreement for the Freeport LNG Facility.
  • Home Depot, with respect to its purchases of electricity from a competitive supplier, for all the Home Depot stores and facilities in the State of Texas.
  • Calico Solar, in connection with the development of 850 MW of concentrated solar power ("CSP") projects in California, including negotiation of 850 MW of PPAs with Southern California Edison SCE, and negotiating large generator interconnection agreements ("LGIAs") for these projects.
  • Represent numerous paper companies in connection with purchases and sales of electricity and thermal energy, from utilities and other generators, to satisfy their significant energy needs.
  • Syncora Guarantee Inc., in connection with:
    • the financial restructuring of the A$3.6 billion Reliance Rail Project—the largest public private partnership in Australian history. Reliance Rail was to finance, manufacture and maintain for a 30-year term, 626 suburban passenger train carriages for Sydney's rail network; and
    • partial synthetic commutation of Syncora's financial guarantees of more than A$125 million of debt that were issued in connection with the financing of the 151 MW coal-fired Redbank Power Project located in New South Wales, Australia.
  • CPV Renewable Energy Company, in connection with:
    • the 152 MW Keenan II Wind Project in Woodward County, Oklahoma, including representation of the project company in PPA negotiations with Oklahoma Gas and Electric Company and on other key project agreements;
    • the 140 MW Cimarron II Project in Gray County, Kansas, including PPAs with KCPL and other key project agreements; and
    • participation in various utilities' requests for proposals ("RFPs") for fossil-fired and renewable power.
  • BP, in a joint venture to develop, own and operate a 525 MW cogeneration facility at BP's largest North American refinery and chemical complex, including negotiation of unique electric and thermal energy sales agreements, and services agreements, between the joint venture and BP/BP Chemicals.
  • Represent owner of cogeneration facility in connection with its sale of electric and thermal energy to Coors Brewing Company, from an inside the fence cogeneration facility located in Golden, Colorado.
  • Wood Group Power Operations, in connection with:
    • the acquisition of its interest in, and providing long-term operation and maintenance ("O&M") services for, two coal-fired cogeneration facilities located in North Carolina; and
    • the provision of O&M services for the Panoche Energy Center in Fresno, California, a 400 MW peaking facility that uses GE's LMS 100 technology.
  • NB Power, in connection with its agreement to purchase power generated by the Mars Hill Wind Facility (owned by UPC Wind) in Maine.
  • Greenfield Energy Centre LP, a limited partnership formed by Calpine Canada Power and Mitsui Power Canada LP, in the financing and development of a 1015 MW gas-fired generating facility in Courtright, Ontario, including negotiation of key project documents, such as the PPA and O&M services; scheduled maintenance ("LTSA"); and energy management, gas supply and storage agreements.
  • Financial Guaranty Insurance Company ("FGIC"), in connection with:
    • litigation with IKB, regarding collateralized debt obligations ("CDOs") that FGIC guaranteed;
    • participation in the bond financing of six hydroelectric projects being developed by Cloudworks Energy in British Columbia (C$500 million);
    • participation in the financing of the Calgary Ring Road, a C$650 million PPP project located in Alberta, Canada. The project received the 2007 Award of Merit for Implementation of the P3 Process by the Canadian Council for Public Private Partnerships; and
    • consideration of a variety of Canadian infrastructure projects, including roads, bridges and hospitals in multiple provinces.
  • Countryside Power Income Fund, in its US$95 million acquisition of Ripon Power, LLC, the owner of two qualifying cogeneration facilities located in California.
  • XL Capital Assurance, in its participation in the financing of the Golden Ears Bridge, a C$1.1 billion PPP project in British Columbia, which was the first major direct involvement by a monoline insurer with a Canadian-based infrastructure project. The project won several awards, including "Global Deal of the Year" from Infrastructure Journal and "North American Deal of the Year" from Project Finance International.
  • Attala Generating Company, the owner of a financially distressed 525 MW gas-fired power project in Attala, MS (part of the PGE New England Generating system), in negotiations for the restructuring of key project documents, including power sales, operations and maintenance, energy management and marketing, fuel management and other agreements.
  • Represent Prudential Securities, in connection with its procurement of power from the New York Power Authority and the New York City Public Utility Service.
  • Enron, in its development of numerous power plants in the United States, including negotiating tolling agreements, other off-take agreements and other key project documents for each facility.
  • Cielo Wind Power, a developer, owner and operator of wind turbine generation facilities, in its project development and sales of electric energy and renewable attributes for several projects in the United States.
  • Numerous hydroelectric projects throughout the northeastern United States, in connection with:
    • the negotiation and restructuring of various project documents (including long-term power sales agreements and short-term sales into ISOs, as well as interconnection, operation and maintenance agreements);
    • disputes with utility purchasers before state public utility commissions; and
    • acquisitions and dispositions of partnership interests, project financings and other matters.
  • RedRock Power Partners, in its development of a 50 MW gas-fired power plant in Freeport, NY, including sales to the Long Island Power Authority.

Presentations and Speaking Engagements

Andrew has been a frequent lecturer on topics important to the power industry. For eight years, he spoke biannually at "Project Finance: The Tutorial." He also has spoken at the American Bar Association's Annual Meeting, the Power Asset Acquisition & Acquisition Divestiture Summit, the Southeast Energy Buyer's Conference, the Fifth Annual Power Industry Forum and the Sixth Annual Power Industry Forum, the World Bank’s 2015 Powering Africa on trends in Off-take Arrangements for International Power Projects.

Publications

Andrew frequently writes on matters of interest to the energy industry, including in publications such as Energy Law Journal, Competitive Utility, Energy Buyer and Natural Gas & Electricity. His articles include:

  • "How we can help corporate renewables off-takes take off," RECHARGE, May 2016.
  • Co-author, "Long-term PPAs," Electric Light & Power, September/October 2009.
  • "Pragmatic Environmental Diligence Needed to Stay Competitive in Acquisition Race," Natural Gas & Electricity, April 2007.

Professional and Community Involvement

  • Energy Bar Association
  • Energy Committee of the Association of the Bar of the City of New York
  • New York State Environmental Business Association

Rankings and Recognition

  • Recognized by Super Lawyers in the areas of Projects and Energy and Natural Resources
  • Recognized in The Best Lawyers in America® in Energy Law, 2017-2019

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Education

  • New York University, J.D., 1989
  • Cornell University, B.S., 1986

Bar Admissions

  • Massachusetts
  • New York