Jerald Epps

Jerald W. (Jerry) Epps practices in the areas of public utility, energy, and real estate law. Jerry has extensive experience counseling developers, lenders and investors with respect to renewable energy projects.

Jerry’s experience includes the negotiation and preparation of wind energy leases, easements and other real estate transaction documents; debts and equity financings; title review and curative work; land use issues; federal, state local permits and approvals; local government and school district tax abatements; wholesale electric transaction documents and agreements, including renewable energy credit (REC) purchase agreements, REC participation agreements, interconnection agreements, transmission utility interconnection agreements; and qualified scheduling entity agreements.

Jerry also represents clients before the Public Utility Commission of Texas (PUCT) on ratemaking, rulemaking, regulatory compliance, certification, enforcement actions, customer protection and consumer rights. Jerry also represents a variety of traditional real estate investors and developers in connection with the acquisition, financing, development and disposition of commercial real estate.

Representative Experience :

• Represented the buyer/borrower in acquisition and working capital loan for an 80 MW wind farm in Texas.
• Represented the purchaser before the PUCT in the acquisition of the third and fourth largest affiliated retail electric providers (AREPs) operating in Texas.
• Represented various wind energy developers in major regulatory dockets before the PUCT relating to the implementation of Competitive Renewable Energy Zones (CREZ) in accordance with Public Utility Regulatory Act (PURA) Section 39.904 and Section 25.174 of the Substantive Rules of the PUCT.
• Represented various retail electric providers (REPs) relating to the creation and licensure of the REP entity, regulatory compliance and enforcement proceedings, and the preparation and negotiation of the underlying retail contracts and disclosure documents required to do business as a REP.
• Represented various parties in major regulatory dockets before the PUCT relating to the implementation of deregulation of the retail electric industry in Texas, including the stranded cost dockets of the former integrated utilities.
• Represented the seller of the largest private investor owned public water/wastewater utility in Texas for $65 million in cash and assumed debt. The representation included obtaining all necessary waivers and approvals before the Texas Commission on Environmental Quality (TCEQ).

Professional Affiliations and Recognitions :

• State Bar of Texas
• Travis County Bar Association
• Fellow, Texas Bar Foundation

Education :

• J.D., Texas Tech University School of Law, 1986
• B.A., with high honors, Southwest Texas State University, 1983

Admissions : Texas

Admitted To Practice :

• U.S. Tax Court
• U.S. District Court for the Western District of Texas
• U.S. Court of Appeals for the Fifth Circuit