Brown McCarroll Attorneys at Law

Our attorneys have been at the forefront of electric market development and restructuring for over 25 years, providing strategic guidance and effective counsel to a variety of companies and financial institutions interested in the Texas electric markets. As the “go to” firm for wholesale electric providers and investors in Texas utility infrastructure assets, Brown McCarroll offers innovative solutions and a full range of services for generation development, asset management, power marketing, and mergers and acquisitions. Our attorneys understand not only the legal issues, but also the commercial issues you confront.

We are also highly experienced at managing the regulatory and political challenges involved in utility asset acquisitions, generation development projects, and the ongoing management and operation of existing generation and transmission facilities.

Risk Management

Brown McCarroll has distinguished itself in the electricity market through extensive experience assisting clients with managing the legal, regulatory, and political risk for dozens of utility asset acquisitions and power development projects in Texas and other states, including portfolio and single plant asset purchases, greenfield development, cogeneration facilities, and brownfield re-powering projects. Generating facilities represented utilize a variety of fuel sources, including natural gas, coal, nuclear, petroleum coke, wind, and biomass.

Project Management

A skilled team of attorneys experienced in electric generation, environmental, real estate, and corporate law work together to provide clients a comprehensive array of necessary project services for power asset development, including regulatory permitting, environmental permitting, transmission construction and interconnection, real estate, project finance, project company organization, water supply agreements, fuel procurement, community outreach, and legislative and local government affairs. These services are also provided in connection with due diligence in the sale or acquisition of electric assets and companies. We provide our clients who are asset owners and managers with compliance advice, as well as regulatory and legislative monitoring and representation.

Our attorneys have served as Project General Counsel responsible for managing and coordinating various outside consultants and attorneys to successfully complete and seamlessly finance generation development projects.

Comprehensive Services

Our wide-ranging experience includes representation before the Electric Reliability Council of Texas (ERCOT), before the Public Utility Commission of Texas (PUCT), in court and before the Texas Legislature, in addition to counseling clients on everyday business needs. Our services include:

• Regulatory, environmental, real estate and tax due diligence and counsel for electric asset investments and acquisitions
• Legislative and executive branch advocacy
• Local government and community outreach and advocacy
• Regulatory, environmental and enforceability legal opinions for financing entities or borrowers
• Project financing
• Organization of project corporations
• Required utility commission permits, approvals and registrations
• Transmission interconnect agreements
• Construction contracts and permits
• Power purchase agreements
• Air and waste permitting
• Land acquisition
• Land use regulations
• Water rights
• Water supply agreements and discharge permits
• Supervision of tax abatement process and pursuit of available incentives
• Right of way acquisition for pipelines
• Evaluation and procurement of emissions credits and allowances
• Fuel supply agreements

We also have a team of attorneys committed to helping clients focused on Climate Change and Renewable Resources.