Justin Boose

Partner

New York
Business Phone: 212.704.6349
Business Fax: 212.704.5922

justin.boose@troutman.com

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Justin Boose is an energy partner at Troutman Sanders and a member of the firm's interdisciplinary Renewable Energy practice. He represents energy companies, regulated utilities, finance providers and project developers regarding the finance, development, construction, operation and disposition of electric power, natural gas and renewable energy facilities, including, wind, solar, liquefied natural gas (LNG), cogeneration, ethanol, biogas, biomass and waste-to-energy. He has considerable experience in drafting and administering key project documents, including PPAs, EPC contracts, interconnection agreements, supply agreements and O&M agreements. He also represents companies on energy trading and derivative matters (electric power, natural gas, renewable energy credits, emissions allowances), including negotiation and implementation of energy trading agreements (ISDA, EEI, NAESB), hedging arrangements, netting and credit requirements and risk management policies. He also represents energy clients at FERC and various state commissions regarding energy regulatory and policy-making matters.

Representative Matters

Project Development and Finance

  • Representation of leading US Bank in establishing a $100MM partnership tax equity fund for residential solar installations.
  • Representation of Southeastern utility in the acquisition and development of a 40 MW solar PV facility with TVA in Tennessee.
  • Representation of Southwestern utility in the acquisition and development of a 200 MW solar PV facility on tribal land in Nevada.
  • Representation of financial institution in the financing of 50 MW portfolio of utility-scale solar facilities in North Carolina.
  • Representation of leading US bank in the financing of a 45 MW portfolio of utility-scale solar facilities in California.
  • Represented leading energy developer in the negotiation of PPAs and interconnection agreements for a portfolio of Long Island NY-based generation assets totaling 60 MW and representing $920 million in revenue.
  • Representation of LNG developer concerning the negotiation and administration of EPC contracts for terminal facility development.
  • Represent leading solar developer in the creation of residential solar lease, PPA and direct financing agreements.
  • Represent Southeastern utility company in the acquisition of 50 MW portfolio of solar generation assets.
  • Represented leading utility company in a $25 million residential solar tax equity finance transaction that will fund approximately 1,000 projects in six Northeastern states.
  • Represented one of the nation’s largest banks in the financing of a 12MW utility-scale solar facility (approximately $60MM in value) in New Mexico.
  • Represented one of the nation’s largest banks in the financing of a 10 MW behind the meter solar facility in OH.
  • Represented leading US bank the financing of approximately 10 MW in distributed solar generation facilities in CA.
  • Represented one of the nation’s largest banks in the financing of a 55MW utility-scale solar facility (approximately $250MM in value) in New Mexico. The bank provided the construction financing and will provide the long-term financing.
  • Counsel to NY- and NJ-based solar developers with respect to EPC and equipment supply agreements.
  • Representation of major oil company renewable energy affiliate in the acquisition of 35MW of wind farms in New York.
  • Representation of leading wind developer concerning power purchase agreements for utility scale wind farms.
  • Counsel to utility company in evaluating and negotiating the acquisition of a solar power project.
  • Counsel to regulated utility company in the development and sale of power from anaerobic digester biogas generation facility.
  • Counsel to utility company in evaluation of acquisition of wind power assets.
  • Counsel to leading wind developer with respect to turbine supply and balance of plant EPC agreements.
  • Counsel to renewable energy developer in negotiating turbine procurement agreement.
  • Counsel to power generating company on purchase of power plant assets in Texas.
  • Counsel to Latin American utility concerning sale of utility assets.
  • Counsel to multi-state utility concerning management of regional portfolio of qualifying facility purchase arrangements.
  • Counsel to wind power developer concerning acquisition of project development opportunities.
  • Counsel to regulated utility concerning state approvals for acquisition of affiliate-owned generation assets.
  • Counsel to solar developer concerning PPAs, lease arrangements and Section 1603 grant applications.
  • Counsel for multi-state electric utility concerning renewable RFP purchases.

Energy Regulatory

  • Counsel to LNG developers regarding FERC authorizations to construct and operate LNG terminals and related pipeline facilities.
  • Counsel to natural gas storage companies concerning FERC authorization to construct and related tariff matters.
  • Represent independent power producers regarding exempt wholesale generator and qualifying facility authorizations.
  • Assist regulated utilities and electric power companies in triennial market power analysis.
  • Counsel to qualifying facility owner concerning application of change in law doctrine to emissions allowance and reporting requirements under regional greenhouse gas imitative.
  • Representation of regulated utility and power marketing affiliate in FERC refund proceedings and related litigation.
  • Representation of natural gas pipeline companies concerning FERC tariffs.
  • Represent utilities and power marketers in BPA ratemaking proceedings.
  • Represent regulated utility in state PURPA enforcement proceedings.
  • Represent generation owner regarding implementation of electricity sales under LIPA tariffs.
  • Represent independent power producers regarding membership in NYISO, ISO-NE, PJM, CAISO and other regional markets.
  • Represent independent power producers in FERC proceedings regarding termination of utility mandatory purchase obligations under PURPA.
  • Counsel to regional utility concerning FERC hydroelectric facility re-licensing applications.

Energy Marketing and Trading

  • Seconded to several merchant energy trading companies to negotiate swap and hedge transactions and manage energy commodity risk.
  • Representation of renewable energy companies regarding the sale or renewable energy credits and emissions allowance.
  • Represent independent power producer on physical and financial power hedge transactions.
  • Representation of bio-fuels developer regarding first-lien secured hedge facility.
  • Counsel to swap parties concerning the end-user provisions of the Dodd-Frank act.
  • Counsel to U.S. steel manufacturer regarding bulk coke supply agreements.
  • Counsel for independent power providers, utilities, trading companies for emissions allowance and greenhouse gas trading.
  • Representation of natural gas company regarding purchase and sale of spot LNG cargos.
  • Representation of investment bank regarding the development and implementation of gas and power trading platforms.

Presentations and Speaking Engagements

  • Moderator, "Overcoming the Challenges of Grid-Connected Storage Projects," Infocast Storage Week (January 2016).
  • Moderator, "Power Market Outlook - Development Opportunities and Performance Standards," Infocast Projects & Money (January 2016).
  • Moderator, "Bringing Storage to the New York Market," Infocast Storage Week (March 2015).
  • Moderator, "Tax Equity, Structures and Their Impact on Issuers and Investors," Infocast Solar Securitization Summit (September 2014).
  • Moderator, "Net Metering: Outlook and Implications for Eastern Solar Markets," Infocast Distributed Solar East Conference (May 2014).
  • Moderator, "How to Sell Your Project to an Aggregator," Infocast Solar Power Finance & Investment Summit (February 2014)
  • Moderator, "Regulator and Utility Perspectives on Distributed Solar Generation," Infocast Distributed Solar East Conference (Jun 2013).
  • Panelist, "Strategies in Accessing Capital," Infocast Distributed Solar East Conference (Apr 2012).
  • Moderator, "Utility Perspectives on Distributed Solar Generation," Infocast Distributed Solar East Conference (Apr 2012).
  • Presenter, "Introduction to Renewable Energy and LNG Issues," University of Texas Law/St. Gallen Exchange Program (Nov 2008).
  • Presenter, "Introduction to Renewable Energy and LNG Issues," University of Texas Law/St. Gallen Exchange Program (Nov 2007).
  • Presenter, "Introduction to LNG Issues," University of Texas Law/St. Gallen Exchange Program (Nov 2006).
  • Presenter, "Recent Legal and Commercial Issues affecting LNG Supply and Terminal Arrangements," University of Texas Fourth Annual Gas & Power Conference (Oct 2005).

Publications

  • Article, “Renewable Financing: A Closer Look at YieldCosNorth American Clean Energy (Jan/Feb 2014).
  • Contributor, “US Project Finance: Key Developments and Trends,” Practical Law (Feb 2014)
  • Article, “Understanding Renewable Energy Feed-In TariffsNorth American Clean Energy (Aug 2013).
  • Article, “The Case for Solar REITs” Renewable Energy World (Feb 2013).
  • “Avoiding Federal Preemption of State Renewable Energy Feed-in Tariffs,” Cleantech Law Roundtable (Jul 2010).
  • “LNG: The Perfect Storm,” Energy Client Bulletin (Apr 2004).
  • “Federal District Court Decision Raises Doubts as to Availability of ‘Performance Assurances’ Under WSPP Agreement,” Energy Client Bulletin (Nov 2004).
  • “Appeals Court Rejects PG&E Effort to Preempt State Regulators,” The Utilities Project, Vol. 4 (Mar 2004).
  • “Developing Markets for Green Tags,” Oregon State Bar CLE (July 2004).
  • EPC and Drilling chapters, “Lava Law” publication (2004) (coauthored).
  • EPC Chapter, “The Law of Wind” publication (2003) (coauthored).

Professional and Community Involvement

  • American Bar Association
  • New York State Bar Association

Professional Experience

  • Troutman Sanders LLP, 2011-present
  • Axiom Legal, 2009-2011
  • King & Spalding LLP, 2005-2009
  • Stoel Rives LLP, 1998-2005

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Education

  • Willamette University, J.D., magna cum laude, 1998
  • Whitman College, with honors, 1995

Bar Admissions

  • New York