Nicolas A. McTyre

Experience

Energy Project Development

Served as senior commercial counsel for a distributed generation (DG) solar developer with projects spanning the East Coast and Midwest. Supported business teams with legal counsel and transactional documentation support across all project stages, including:

• Site control (lease options, leases, easements and landlord relationship management)
• Development (zoning, annexation, permitting, local tax arrangements, federal tax incentive planning, and interconnection)
• Commercialization (power purchase agreements (PPAs), community solar subscription and aggregator agreements and community solar program compliance)
• Construction (engineering, procurement and construction (EPC) agreements, contractor disputes and prevailing wage and apprenticeship (PWA) compliance related to qualification for the federal Investment Tax Credit (ITC))
• Asset Management (Energy Information Administration (EIA) filings, FERC Qualifying Facility (QF) filings, operations & maintenance (O&M) agreements and master services agreements (MSAs) with small service providers)

Served as outside counsel to a pipeline company that developed two long-haul pipelines in the US Southwest. Supported the company in providing legal counsel and documenting anchor shipper contracts, marketing arrangements, FERC and state tariffs, contractor MSAs and site control documentation.

Renewable Energy M&A, Investments and Project Finance

Representation of the following:

• Various developers in acquisitions and dispositions of solar, wind, and storage portfolios spanning hundreds of megawatts, under membership interest purchase agreements (MIPAs) and asset purchase agreements (APAs). Experienced in managing due diligence including the formation and management of virtual data rooms.
• Developer in its tax equity investment in a utility-scale Texas solar project.
• Petrochemical manufacturer in a minority investment in a biorefinery developer.
• Automaker in its minority investment in an EV battery company.
• European oil supermajor in its minority investment in an offshore wind technology provider.
• Consortium of private equity sponsors in a take-private of an energy-focused MLP.

Oil & Gas Midstream Transactions

Representation of the following:

• Midstream company in its acquisition of a terminal facility from a public energy company.
• Olefins company in various commercial transactions with anchor customers and related commodity marketing transactions.
• Mexican conglomerate in various corporate and natural gas marketing transactions in the US.
• European petrochemical manufacturer in commodity marketing agreements for supplying its ammonia facility with natural gas feedstock.

Data Centers, Technology and Other M&A Transactions

Representation of the following:

• Infrastructure investor in the acquisition of a hyperscale and cloud data center developer with campuses across the globe.
• European private equity firm in its agreement to acquire an integrated risk management software provider.
• US private equity sponsor in its strategic growth investments in managed detection and response cybersecurity and residential community software providers.
• Publicly traded US software company in its acquisition of a cybersecurity automation company.
• Private equity portfolio company in an add-on acquisition to a prior platform-level investment.
• Private equity sponsor in a general partner secondary transaction.
• Special purpose acquisition company (SPAC) in its agreement to combine with a technology company.

Energy Regulatory

• Represented agency staff in trial-type administrative proceedings before FERC impacting companies in the electric transmission, natural gas pipeline and power generation industries.
• Advised energy clients on FERC compliance matters in connection with project development, including Market-Based Rate (MBR) tariffs, Qualifying Facility (QF) filings and compliance, and pipeline and electric transmission tariffs.
• Advised on FERC compliance and enforcement matters related to late or omitted tariff filings, including advising on self-reporting strategies.
• Advised on state pipeline regulatory and tariff matters under the jurisdiction of the Texas Railroad Commission.

Recognitions

Professional & Civic Activities