Geothermal Power

More than half of the U.S.’s current geothermal energy production occurs on federal and other public lands, with 90 percent of potential additional resources located on these lands as well. Van Ness Feldman advises clients and investors siting, permitting, developing, owning and operating geothermal resources and electric generation projects on public lands. The firm is well versed in the unique complexities surrounding the development of resources that use and occupy public lands or that impact federal landholdings or mineral interests.

Successful development of energy projects on public lands must occur on budget and on time. For geothermal project development, with its unique requirements and long planning lead times, an essential component of success begins with a thorough understanding of the regulatory requirements. In our experience, the earlier that we are involved in the initial planning phases of a project, the greater the likelihood that we can identify strategies for achieving regulatory approvals and avoiding regulatory obstacles.  This involvement allows our clients to meet their objectives by avoiding costly delays and developing projects that can secure funding.

Through a refined understanding of the dynamics involved between the Department of Interior, the Bureau of Land Management, Department of Agriculture, and other federal agencies, Van Fess Feldman is able to support the successful delivery of geothermal projects on a timely and cost-effective basis. We also provide clients with regulatory gap-analysis to identify alternative siting and permitting strategies that would permit the state to oversee geothermal resource development on state, local and private lands, including transmission and interconnection issues.

Firm professionals have dedicated their careers to mastering the complexities associated with the siting of energy projects.  We have a comprehensive understanding of federal and state land and water use policies, the intricate legislative and regulatory decision making processes, and the dynamic interactions between interest groups, businesses, industries, and governments. Whether the issue is a special-use permit to use and occupy public lands, a complex project requiring a federal permit, a consultation under the Endangered Species Act or managing and expediting environmental documentation, federal approvals, rights-of-way acquisition, utility and transportation corridor permitting, and the governmental certifications, concurrences and clearances necessary for ensuring that land and water use on private or public land is in compliance with all applicable environmental laws, our professionals have the legal and political experience — as well as the judgment and business acumen — to help clients achieve their goals.

In addition to our project development and regulatory services, we are actively involved on behalf of our clients in federal policy formulation and legislation affecting the geothermal sector.

Highlights of recent and ongoing geothermal work include:

• Serving as strategic counsel with regard to 10 geothermal electric generation facilities in the Western U.S., including issues involving interconnection and integration of the facilities into the power grid, and all aspects associated with the interconnection queue process and related studies; negotiation of necessary interconnection agreements; possible development of long, radial interconnection facilities; and associated transmission service arrangements.
• Advising on multiple regulatory and transactional issues regarding the development of projects, power sale agreements, upgrades to facilities to account for steam volume degradation, and issues related to grid interconnection for 18 MW, 100 MW, 67 MW, and 102 MW geothermal plants in the Southwestern U.S.
• Counseling a large municipal public utility on permitting obligations related to geothermal development on public and private lands.
• Providing counsel on sales of CERs from a geothermal project in Southeast Asia for a multinational energy company.
• Assisting a developer through all aspects of the generator interconnection process for interconnection to a non-FERC jurisdictional utility, including advice on various study procedures, draft and final study review, financial security issues, development of appropriate cluster study processes.
• Advising on NERC reliability standards and liabilities for geothermal generation including the development of services agreements for substation operation and maintenance.