Energy

  • Negotiated a successful resolution of a multi-million dollar dispute with a drilling contractor and its surety regarding the failure of the contractor to complete the installation of a gas pipeline under the Spring River in Iowa, in order for the client to achieve timely start up with a gas supplier.
  • Represented combustion turbine manufacturer in $300 million plus dispute with energy company
  • Represented coal supplier in recovering amounts due for shipments of coal.
  • Assisted surety company in a precedent-setting $100 million committed bonding line with 30 affiliated mining companies with operations in four states. Secured liens covering thousands of mine locations.
  • Have worked with Alcan Aluminum and Century Aluminum in the wholesale power market negotiating and contracting for electric power.
  • Represented Kroger Co. in the 2004 statewide rate case of Louisville Gas & Electric Co. and Kentucky Utilities Co.
  • Led a team of attorneys and consultants from 1984 to 1998 on behalf of the Kentucky aluminum smelting industry to restructure Big Rivers Electric Corp. and obtain smelter power rates.
  • Successfully negotiated a workout for a reclamation surety client in a large Appalachian coal company bankruptcy with operations in three states.
  • Successfully defended permit for a peaking power plant challenged by a local citizens group.
  • Counseled sureties in the largest coal company bankruptcy in history.
  • Drafted arguments for the Kentucky Court of Appeals in a matter involving indemnity under a bond issued to a principal in a coal company bankruptcy.
  • Counseled on warranty and guarantee issues relating to the purchase of power generation equipment by an electric utility.
  • Supported negotiations for a steam purchase agreement between a steam host and an independent power producer.
  • Oversaw a series of infringement actions to enforce a patent for a British company in the field of gas/water pipelines.
  • Our team of state and local tax attorneys has assisted energy companies in identifying Kentucky tax liabilities (income, sales and use, property, severance and others) for several related entities engaged in complex, multi-million dollar transactions and preparing comprehensive Voluntary Disclosure Agreements for the Kentucky Department of Revenue to limit tax liabilities.
  • Our state and tax attorneys have advised energy corporations on the proper Kentucky income tax reporting of gains and losses attributable to hedging activities.