Brian J. Kelly is co-chair of the firm’s power transactions team. Brian advises energy industry and financial clients on a wide range of transactions, including mergers and acquisitions, energy project and infrastructure development, project finance and structured commodity and hedging transactions.
He has worked on solar, wind, biomass, natural gas, geothermal and battery projects, as well as non-energy infrastructure and commodity financings in the United States and internationally. Brian has been recognized as a “Leading Lawyer” by the Legal 500 United States in Project Finance and Energy Transactions.
Brian has significant experience structuring and negotiating project development and offtake agreements, including the power purchase agreements, tolling and joint development agreements, engineering, procurement and construction contracts, fuel supply and transportation agreements, and related project development documentation. Brian also advises U.S. and foreign clients on international trade, business and related export control issues.
- Representation of a wind developer in connection with a power purchase agreement with a leading food distributor with respect to a 78MW wind farm to be constructed in Nebraska.
- Representation of a Mid-Atlantic based energy supplier in connection with multiple solar power purchase agreements in excess of 200 MW for facilities to be constructed in Texas.
- Representation of a North American energy company in connection with the acquisition of natural gas commercial supply contracts primarily located in the Midwest from a leading integrated oil and gas company.
- Representation of a UK based entity in the acquisition of a US based data management solution with offices in India and Ukraine.
- Representation of an energy company in connection with acquisitions and dispositions of non-operating working interests in oil and gas acreage valued in excess of $600 million.
- Representation of a financial party in connection with several load capacity auctions with a large public utility located in the southeastern United States.
- Representation of strategic purchasers and private equity funds in auctions in connection with the acquisition of natural gas and coal fired cogeneration facilities located throughout the United States.
- Regularly advise and structure ancillary service offerings for retail energy companies to market and sell to both residential and commercial and industrial customers.
- Assistance to clients in conducting internal investigations as well as the preparation and submission of voluntary disclosures to the DDTC and BIS on behalf of clients alleged to have violated International Traffic in Arms Regulations (ITAR). U.S. Census Foreign Trade Regulations and/or the Export Control Act of 1940.
- University of Baltimore School of Law, JD, cum laude, 2001
- Mount Saint Mary’s College, BA, cum laude, 1998
- District of Columbia
- Member, Maryland State Bar Association
- Member, Mount Saint Mary’s University President’s Council
- Member, District of Columbia Bar Association
- Editor-in-Chief, 2000-2001; Staff Member, 1999-2000, The Law Forum
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