Jenny Speck

Energy Vault, a global leader in grid-scale energy storage solutions, in the $300 million preferred equity investment by OIC L.P. in Energy Vault’s subsidiary Asset Vault

Crimson Renewable Energy Holdings in the sale of Section 45Z tax credits

Green Plains Renewable Energy in the sale of 45Z tax credits from a portfolio of ethanol plants to Freepoint Commodities

Talen Energy Corporation (NASDAQ: TLN) on its 1,920 MW power purchase agreement and associated arrangements with Amazon Web Services to provide carbon-free energy from Talen’s Susquehanna nuclear power plant to support AMZN’s announced $20 plus billion dollar data center build out in Pennsylvania

Energy Vault in a ~$28 million loan and subsequent note purchase to finance the Calistoga Resiliency Center project, the largest utility-scale, ultra-long duration energy storage facility in the world with innovative hybrid green hydrogen and lithium-ion battery energy storage that works in conjunction with fuel cells to provide instantaneous, stable power supply to Calistoga, California, including the sale of the project’s investment tax credits

Vistra in the separate sales of $240 million of 45U nuclear power production credits

Midstream infrastructure company in all aspects of tax qualification, utilization, and reporting compliance for federal income energy tax credits and sustainability incentives; served as sole liaison with the Department of Energy and led the preparation of internal and external educational materials for various federal loan and grant programs related to carbon capture, transportation and sequestration; and drafted and submitted comment letters to the US Treasury and the IRS for federal income energy tax credits

Private equity firm in advice on existing portfolio, including qualification for the investment tax credit and production tax credit, and tax equity considerations; advised on federal income tax credit considerations for future carbon capture and sequestration projects and hydrogen projects

Multinational energy company in advice on beginning of construction strategy and program of construction strategy for offshore wind farm projects to qualify for the investment tax credit, including reviewing EPC agreements, discussing eligible components, analyzing the single project rules under the investment tax credit and drafting comment letter and meetings with the IRS on eligible components of a qualified facility as it relates to offshore wind compared to onshore wind

Various buyers in separate tax credit transfer transactions collectively valued at over $500 million

Various sponsors and developers in domestic content, low income community, and energy community qualification analysis

Various clients in the negotiation of project agreements in respect of qualification for and monetization of Inflation Reduction Act tax credits

Developers and trade associations in preparation of comments to Treasury and other stakeholder comments relating to various Inflation Reduction Act matters

A green hydrogen project developer in tax credit advice and representation in connection with its qualification for and monetization of IRA hydrogen project tax credits

Various clients in negotiation of tax insurance policies covering tax risks relating to the Inflation Reduction Act

Multinational energy company in advice on existing projects and future projects regarding its continuous efforts strategy, including drafting tax opinions, reviewing EPC for compliance with the investment tax credit and negotiating with the EPC and subcontractors to ensure agreements complied with the investment tax credit requirements

Multinational energy company in advice on offshore wind project beginning of construction strategy and continuous efforts strategy, including drafting tax opinions, reviewing EPC for compliance with the investment tax credit and negotiating with the EPC and subcontractors to ensure agreements complied with the investment tax credit requirements

Privately held multinational conglomerate in advice on 45Q credit for carbon sequestration projects where the client had previously claimed the credit, which was under review by the IRS; assisted with tax planning strategies for future carbon capture and utilization projects and carbon capture and sequestration projects, including whether additional capital expenditures incurred would be eligible for a new credit period under Section 45Q

Multinational e-commerce company in advice on eligibility to claim an investment tax credit on hydrogen fuel cell operated forklift and the associated hydrogen fueling infrastructure; advised client on electric vehicle tax credit and associated alternative fuel recharging stations for its logistic trucks

Family office in advice on investment to build and operate a business in a Qualified Opportunity Zone

Waste disposal company in advice on potential tax credit qualification for clean electric commercial vehicles; advised on eligibility for the 45Q tax credit on the capture and use of CO2 from landfills

Privately held energy exploration and production company in the calculation of R&D tax credit and Enhanced Oil Recovery tax credit; advised on potential carbon capture and sequestration project, including considerations for the conversion from a Class II to a Class VI well for such project

Global chemical company in advice on carbon capture and utilization project, including the preparation of a life cycle assessment and 80/20 analysis to treat existing equipment as originally placed in service equipment

Multinational industrial gas company in advice on carbon capture and utilization project, including the preparation of a life cycle assessment and 80/20 analysis to treat existing equipment as originally placed in service equipment

Multinational renewable power production company in assistance with offshore wind project, including ITC eligibility, such as beginning of construction strategy and drafting tax opinion on its beginning of construction strategy

Semiconductor manufacturing company in tax controversy services, including responding to Information Document Request on client’s research and development tax credit claim