J. Michael Childers has a unique combination of comprehensive experience in complex transactional matters associated with power generation assets and energy sales and experience in executive management roles with an international power generation company and an international heavy civil construction company.
Mike represents both electric utilities and independent power producers, and his experience is comprehensive with respect to all types of energy generation, including solar, wind, natural gas-fired units, IGCC, biomass and fuel cells. Mike draws on his years in executive management roles for insights into the business strategies and goals of his clients.
Mike has extensive experience supporting clients on the project development and construction of utility-scale solar and wind, natural gas-fired, IGCC, and biomass facilities, including the development of consortium agreements, construction agreements of all types, major equipment procurement agreements, and O&M agreements.
This work frequently spans the duration of the energy projects, from the RFP stage through the completion of construction and commissioning, including providing legal support in disputes with contractors and vendors.
Mike’s practice also includes creating power purchase agreements (PPAs) for solar, wind, natural gas-fired and biomass plants; synthetic PPAs; and contracts for differences.
In addition, Mike represents electric utilities and independent power producers on the purchase and sale of energy assets, including solar, wind, natural gas-fired and biomass power plants and projects.
Mike also has substantial experience with complex long-term service agreements for gas-fired power plants and provides comprehensive transactional support to the supply chain organizations of electric utilities and independent power producers, including the preparation and negotiation of procurement and construction contracts for major retrofit projects and fuel conversion projects.
Mike represents national retailers on distributed-generation projects, including rooftop solar and fuel cells, and energy storage, and with respect to PPAs and contracts for differences.
Representative Matters :
- Represented an electric utility in multiple stages of RFPs for more than 1,000 MWs of utility-scale renewable generation (with and without storage), including preparation and negotiation of power purchase agreements.
- Represented an electric utility in an RFP for more than 100 MWs of distributed-generation solar, including preparation and negotiation of power purchase agreements.
- Represented an electric utility in an RFP for 50 MWs of customer-sited distributed-generation solar, including preparation and negotiation of power purchase agreements.
- Represented electric utilities in the construction of utility-scale solar projects at multiple military bases in Georgia and Alabama, including the preparation and negotiation of turnkey EPC agreements.
- Represented an electric utility with respect to turnkey EPC agreements for multiple community solar projects in Georgia.
- Represented an independent power producer with respect to a turnkey EPC agreement for a 100 MW biomass power plant in Texas.
- Represented an independent power producer in the negotiation of the construction contract and equipment procurement contracts for a proposed utility-scale solar project in Texas.
- Represented an electric utility in the drafting and negotiation of multiple carbon dioxide offtake agreements with oil companies for the carbon dioxide from a carbon capture system.
- Represented a national retailer in the negotiation of a leasing arrangement and service agreement for a fuel cell system for its primary U.S. distribution center supporting online sales.
- Represented a manufacturer in the preparation and negotiation of a turnkey EPC agreement for a large specialty steel manufacturing facility in Alabama.
Professional and Community Involvement :
- Member, State Bar of Georgia
- Past Chairman, Environmental Committee, Electric Power Supply Association, January 2002-December 2003
- University of Georgia School of Law, J.D., cum laude, 1990
- Auburn University, B.S., cum laude, 1986
BAR ADMISSIONS : Georgia
Rate : $$$