POWERED TO SUCCEED

Power Plant Projects

Some of Pepper’s power plant engagements are described below. We have represented:

  • a major EPC contractor in claims over the construction of an 1160 megawatt supercritical coal plant
  • power generators in providing contracting advice and in resolving delay and other performance issues pertaining to the construction of combined-cycle power-generation facilities
  • an owner in prosecuting claims for delay against EPC contractor arising out of the design and construction of a power plant in Jamaica
  • a major EPC contractor in a dispute over the cancellation of a 960 megawatt coal plant
  • a subcontractor in claims totaling approximately $140 million arising out of the design and construction of a flue gas desulfurization (FGD) system and associated wastewater treatment system at three coal-fired power generation facilities in Maryland
  • an electric utility in the prosecution of claims against an independent power producer for overcharges for electricity under a long-term power purchase agreement
  • a subcontractor in prosecution of claims for delay and disruption arising out of the construction of a power plant in Nevada
  • an institutional owner in litigation against an EPC contractor over failure to meet availability, production, and emission guarantees on $100 million co-generation project
  • a public agency owner in development of public-private financing and DBOM for next generation coal power plan with carbon capture and sequestration technology
  • an electric utility in the defense of claims for cost overruns and extra work by the prime contractor for electrical and control systems on a power plant turnaround project
  • an EPC contractor in disputes arising out of the design and construction of a FGD retrofit project at a coal-fired power generation facility in Pennsylvania. Various delay, disruption, and liquidated damage claims total approximately $50 million.
  • an O&M contractor for a co-generation plant in the prosecution of claims against a generator rewind subcontractor for damages resulting from an explosion occurring during restart
  • a site owner in the negotiation of construction terms of a contract for installation of a solar energy facility
  • a private owner in pursuing claims against EPC contractor arising out of the design and construction of natural gas pipeline in Mexico
  • a major EPC contractor on warranty claims relating to the AQCS system for a large coal plant development
  • an EPC contractor in a dispute arising out of the design and construction of an air quality control system at a new multi-billion dollar coal-fired power generation facility in Wisconsin. The parties’ claims and counterclaims exceeded $30 million.
  • a major general contractor on claims relating to the construction and installation of the steam boiler and pulverizer for a large coal plant development.
  • a merchant plant developer in the negotiation of a turbine purchase agreement with a foreign supplier
  • a diversified energy company in a capacity/tolling transaction with a power marketer
  • a power generator in disputes pertaining to charges for natural gas transportation under an Energy Management Agreement
  • an electric utility in the auction and later sale of fossil-fuel plants in two states
  • the owner in the structuring and project financing and refinancing of a waste-fueled electric generating facility
  • the developer in the structuring, project financing and refunding of a gas-fired cogeneration facility, a culm processing facility and a coal gasification facility
  • the developer in the structuring and financing of natural gas wellhead and transportation facilities
  • the owner in the structuring of a competitive selection process and the development structure for a waste-fueled electric generating facility
  • the owner in the structuring and serial project financing of an 80-megawatt coal-fired cogeneration facility and greenhouse
  • the owner in the development of the structuring, project financing and refinancing of a 35-megawatt waste-fueled cogeneration facility
  • a Nebraska city with regard to a coal-fired power plant
  • an international engineering/construction management firm on the construction of hydro-power plants
  • a major U.S. oil company in all phases of planning, constructing and operating a large nuclear fuel reprocessing facility (consulted on legal and regulatory aspects of plant design, drafted conceptual financial plan, drafted preliminary documents involving procurement of key plant components, etc.)
  • two major U.S. electric utilities in sales of interests in three operating units in partially completed nuclear power facilities to consortia of municipal and cooperative utilities, which were the first such sales of this type
  • a public authority in an international dispute involving a Japanese contractor and the construction of a power plant in Puerto Rico
  • an electric utility in the disposition of its interest in a nuclear power plant
  • several U.S. railroads regarding integrated transportation contracts for the supply of coal to electric utilities in the West, Southwest, Midwest, South and East
  • a manufacturer producing combined cycle gas turbines for use in Egypt
  • six electric utilities in proceedings involving certification matters and other administrative matters (including rate schedule) before the Federal Energy Regulatory Commission and State Public Utility Commissions
  • a manufacturer producing oil-powered generators for Egyptian power plants
  • the owners in the project financing and sale of several cogeneration facilities
  • a major utility company in a dispute between the architect/engineer and the suppliers of the turbine, the boiler, and the condenser and pumps for cost overruns on an 80-megawatt coal-fired unit
  • a major public utility in negotiation of nuclear fuel and power plant equipment contracts
  • a supplier of radiation monitoring systems in a dispute with utilities concerning two nuclear units.