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Early Involvement of Legal Counsel Pays Dividends for Energy Clients


Knowledge of the Market’s Policy and Financial Outlook is Key to Informed Decision Making

Working with an experienced attorney can pay long term dividends for private sector energy clients embracing clean energy sources. Given the market’s rapid technological advances and frequent regulatory changes, finding an experienced partner should be a priority for any residential and utility scale energy player.


Case Study: The Regulatory Environment Around Storage and Solar

Some states are enacting legislation that allows residential and utility-scale solar and storage developers to retain the right to bid on capacity from their facilities into the ISO-NE’s Forward Capacity Market. Other state programs that maximize price arbitrages when pairing solar with storage devices are being developed; however, many entities are not well structured legally to take advantage of this opportunity. A storage project that is 100% charged by solar will maximize the Investment Tax Credit and provide a revenue stream with a higher return than a stand-alone project. The key lesson: clients who are thinking about solar should be thinking about storage and vice versa.


Early Legal Counsel in Energy Projects is Key

Attorney Elijah Emerson, who heads the Energy and Utility practice at Primmer Piper Eggleston & Cramer, views his expertise as being especially valuable if it comes at the beginning of the project planning process. “When clients come in at the start of the discussion, we can provide information that builds a strong roadmap. This prevents a snowball from forming, where something that could have been stopped at the beginning leads to larger problems down the road. Clients who bring us on board once the snowball is already rolling will find it can be expensive to address.”


Let’s Discuss Your Energy Projects

Primmer Piper Eggleston & Cramer provides added-value counsel that can prevent problems and maximize return on investment for its energy clients. You can schedule a consultation by contacting attorney Elijah Emerson at 1-802-223-2102, x 1109 or email him at