Robert D. Schmicker

Counsel

New York
Business Phone: 212.704.6047

robert.schmicker@troutman.com

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Robert Schmicker focuses his practice on transactions involving energy-related facilities and infrastructure projects such as power generation plants, electric transmission lines and gas pipelines. He represents purchasers and sellers of such facilities and has negotiated purchase and sale agreements for individual projects as well as portfolios of projects. He has conducted and directed the diligence involved in, and has directed the work of environmental, tax, regulatory, labor, bankruptcy, real estate and local counsel as required to close, such transactions. Bob has also represented developers, investors, sponsors, lenders, owners and operators and has negotiated and administered all types of contracts that are related to the development, ownership and operation of infrastructure projects including power sales agreements, hedges, tolling agreements, capacity sales agreements and other offtake arrangements, engineering, procurement and construction contracts, interconnection agreements, equipment supply agreements, operation and maintenance agreements, long-term service contracts, water supply agreements and utility service arrangements.

Bob has also represented both borrowers and lenders in connection with project finance transactions and has represented owners and investors in connection with the restructuring and refinancing of troubled assets. He has more than 25 years of experience representing participants in all aspects of the electric energy generation business and its related businesses, including experience with gas, oil and coal fired facilities, wind farms, solar projects and nuclear projects.

Representative matters:

  • Representation of the seller of a substantial equity interest in a 750 MW CCGT power generation facility located in PJM;
  • Representation of Marubeni Power America, Inc. as the lead member of a consortium of seven purchasers in connection with the purchase of the West Deptford Energy Center from an affiliate of LS Power, including negotiation of the partnership agreement among the consortium members, negotiation of the purchase and sale agreement and direction of diligence for the consortium;
  • Ongoing representation of the seven owners of the West Deptford Energy Station not affiliated with LS Power;
  • Representation of Mesquite Creek Wind in connection with the negotiation of hedges and power sales arrangements for a 183 MW wind farm located in Texas;
  • Representation of Marubeni Power America, Inc. in connection with the sale to Osaka Gas of a 25 percent equity interest in the 800 MW St. Charles CCGT Project located in Maryland;
  • Representation of Idaho Wind Partners in connection with the financing of a 176 MW wind farm located in Boise, ID;
  • Representation of the purchaser of the 85 MW oil-fired Waterside peaking facility located in Stamford, CT;
  • Representation of Morris Energy Group in connection with the purchase, acquisition financing and ongoing operation of a portfolio of seven gas fired electric generation facilities having an aggregate capacity in excess of 700 MW;
  • Representation of Morris Energy Group in connection with the sale of its portfolio of generation projects to Riverstone, including successful post-closing litigation of certain claims asserted by the buyer under the Purchase and Sale Agreement;
  • Representation of the purchaser of two textile companies in asset purchases conducted under Section 363 of the Bankruptcy Code. 

Rankings and Recognition

  • Mr. Schmicker is recognized by Super Lawyers in the Energy and Natural Resources field, an honor awarded to the top five percent of lawyers in the US based on a survey of more than 800,000 lawyers.
  • He is rated "AV" by Martindale-Hubbell, the leading directory of lawyers.

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Education

  • Brooklyn Law School, J.D., 1978
  • Rensselaer Polytechnic Institute, B.A., 1972

Bar Admissions

  • New York