Peter O’Brien

Peter K. O’Brien’s practice focuses on all aspects of domestic and international capital markets transactions with a particular focus on the power and utilities industries.

Pete is co-head of the firm’s Capital Markets practice. Pete acts as designated underwriters’ counsel for several of the largest utility systems in the United States and acts on a regular basis as external securities counsel for the largest electric utility system in the United States, a publicly held Missouri-based electric utility system and a financial institution in the Farm Credit System.

Experience:

• Company counsel to Duke Energy Corporation’s forward equity issuance in connection with the financing of its acquisition of Piedmont Natural Gas Company, Inc.
• Underwriters’ counsel for Emera Incorporated’s MJDS-registered convertible subordinated notes issuance in connection with the financing of its acquisition of TECO Energy Inc.
• Company counsel to Great Plains Energy Incorporated’s dual tranche mandatory convertible preferred and common stock issuances in connection with the financing of its proposed acquisition of Westar Energy Inc.
• Sales agents’ counsel in establishment of at-the-market programs for Westar Energy Inc.(forward), Southern Company, Xcel Energy Inc., NorthWestern Corporation and Piedmont Natural Gas Company Inc. (forward).
• Underwriters’ counsel in hybrid issuances by American Electric Power Company Inc. and Wisconsin Energy Corp.
• Remarketing agents’ counsel in multiple remarketings of debt component of equity unit product.
• Initial Purchasers’ counsel for Columbia Pipeline Group Inc.’s inaugural debt issuance relating to spin-off from NiSource Inc.
• Company counsel to Duke Energy Corp.’s debt issuance in connection with the financing of its acquisition of Piedmont Natural Gas Company, Inc.
• Initial Purchasers’ counsel for Emera Incorporated’s inaugural US debt issuance in connection with the financing of its acquisition of TECO Energy Inc.
• Initial Purchasers’ counsel for Wisconsin Energy Company’s Elm Road Generating Station Supercritical, LLC’s inaugural and follow-on issuances of lease-backed debt.
• Underwriters’ counsel for Southwest Public Service Company’s establishment of first mortgage bond indenture and inaugural issuance thereunder.
• Initial Purchasers’ counsel for NorthWestern Corporation’s senior secured note issuance in connection with its emergence from Chapter 11 bankruptcy.
• Initial Purchasers’ counsel for Southern Power Company’s inaugural debt issuance.
• Company counsel to Duke Energy Carolinas LLC, Duke Energy Progress LLC, Duke Energy Florida LLC, Duke Energy Ohio Inc. and Duke Energy Indiana LLC in multiple first mortgage bond issuances.
• Underwriters’ counsel for Centerpoint Energy Houston Electric, LLC, Northern States Power Company, Public Service of Colorado Inc., Southwestern Public Service Company, NorthWestern Corporation and Westar Energy in multiple first mortgage bond issuances.
• Underwriters’ counsel Xcel Energy Inc., Southern Company and subsidiaries, American Electric Power Company and subsidiaries, Piedmont Natural Gas Company, Inc., NiSource Inc., El Paso Electric Company and Colonial Pipeline Corporation in multiple debt securities issuances.
• Underwriter’s counsel in issuance by New Jersey Economic Development Authority Exempt Facility Revenue Refunding Bonds (Keystone-2012 Project)
• Underwriters’ counsel in issuance by West Virginia Economic Development Authority Energy Revenue Bonds (Morgantown Energy Associates Project) Series 2011;
• Underwriter’s counsel in issuance by The Delaware Economic Development Authority of its Exempt Facility Revenue Bonds (Indian River Power LLC Project) Series 2010;
• Conduit obligor’s counsel in issuance by Mississippi Business Finance Corporation of its Gulf Opportunity Zone Industrial Development Revenue Bonds (SG Resources Mississippi LLC Project) Series 2010;
• Underwriter’s counsel in issuance by West Virginia Economic Development Authority of its Solid Waste Disposal Facilities Revenue Refunding Bonds (Appalachian Power Company – Amos Project) Series 2010A;
• Conduit obligor’s counsel in issuance by New York State Energy Research and Development Authority of its Pollution Control Revenue Refunding Bonds (New York State Electric and Gas Corporation Project);
• Underwriter’s counsel in issuance by Luzerne County industrial Development Authority (Pennsylvania) of its Water Facility Revenue Refunding Bonds (Pennsylvania American Water Company Water Facilities) Series 2009; and
• Underwriter’s counsel in issuance by Reisel Industrial Development Corporation of its Solid Waste Disposal Revenue Bonds (Sandy Creek Energy Associates, L.P. Project) Series 2008.

EDUCATION:

• JD, Washington and Lee University, Editor, Law Review, 1991
• BA, College of the Holy Cross, 1988

BAR ADMISSIONS:

• New York