Brendan McNallen

Partner

シアトル

Brendan helps clients bring innovative renewable energy and infrastructure projects to market by structuring and negotiating sophisticated project development agreements.

Brendan advises clients on the structuring and negotiation of complex project development arrangements, including Engineering, Procurement, and Construction (EPC), Build-Operate-Transfer (BTA) and Operations & Maintenance (O&M) agreements, aligning construction risk, regulatory considerations, financing concerns and transfer mechanics to position projects for bankability and successful transfer or sale.

He guides developers, owners, manufacturers and lenders through every stage of project delivery, including the development, supply, construction and financing of onshore wind, offshore wind, solar and energy storage projects.

Brendan represents utilities on the procurement and construction of transmission and distribution facilities, procurement programs and program management activities. He also advises on major infrastructure projects such as airports, water and desalination plants, toll roads and ports.

He has advised on projects throughout the United States, Europe, South America, the Middle East, Mexico, Canada, Southeast Asia, the Caribbean, Central Asia and India. He lived and worked in Kazakhstan, where he assisted with the successful financial restructuring of two of the nation’s four largest banks, and has represented clients on cross-border investments and joint ventures in India.

  • Procurement and Development

    • Advised owners / developers on battery supply agreements and related long-term service agreements with ten major OEMs for utility-scale battery energy storage projects totaling more than 7,000 MW across the United States.
    • Advised owners / developers on master supply agreements totaling more than 13,000 MW in capacity with three major OEMs, the terms of which govern the purchase of battery supply, long-term services and performance guarantees for terms of up to five years.
    • Advised owners / developers on engineering, procurement and construction contracts for wind, solar, battery, transmission and substation projects across the United States across many of the largest United States contractors.
    • Advised a renewable energy developer on BTA for 400 MW wind energy project.
    • Advised a European manufacturer of foundations and secondary steel in the negotiation of supply agreement for 2,600 MW offshore wind project located in the waters of the United States.
    • Advised a European supplier and EPC contractor of offshore wind platforms and substations on formation of U.S. subsidiary and U.S. law advice for purposes of entering the U.S. offshore wind market.
    • Advised owner in connection with the negotiation of an engineering, procurement and construction contract and major equipment supply contract for a 586 MW gas-fired power plant to be built in Northern California.
    • Advised an owner on negotiation of the construction financing and engineering, procurement and construction contracts for aggregate 60 MW solar portfolio.
    • Advised an EPC contractor in negotiation of EPC contract for the construction of two 50 MW solar projects located in Canada.
    • Advised a developer in the negotiation of build-own-transfer structure purchase and sale agreements for several distribution deferral battery energy storage projects in California.
    • Advised a renewable energy developer with respect to real estate aspects of undersea transmission line development, including drafting and negotiating options, easement agreements and leases for transmission facilities, title insurance and ancillary real estate agreements with landowners and their lenders.

    Project Finance

    • Advised the developer on $250 million loan secured by rights in development-stage solar, battery and transmission projects located in the Northwest United States.
    • Advised a global corporation on $185 million project financing and subsequent acquisition of wind energy project located in PJM region.
    • Advised a global corporation on $285 million project financing and proposed acquisition of wind energy project located in ERCOT region.
    • Advised a co-lender on $100 million back-leveraged financing to fund development, construction, interconnection and operating costs for two wind energy projects located in Brazil.
    • Advised a lender on a $50 million borrowing base credit facility, with $50 million accordion, to finance development and construction of solar energy and battery energy storage projects across the United States.
    • Advised a back-leveraged lender on financing of portfolio of solar energy projects located in Chile.
    • Advised lenders in connection with two 115-million gallon ethanol facilities located in Minnesota and Nebraska.
    • Advised LS Power, Dynegy and other sponsors in a $1 billion financing transaction for the construction of the 900 MW Sandy Creek Power Generation Facility in McLennan County, Texas. The non-recourse project financing included an $800 million construction loan that will be drawn as required and a fully drawn $200 million term loan.
    • Advised Citigroup as underwriter in the add-on notes offering by Sabine Pass LNG, L.P., a subsidiary of Cheniere Energy, Inc., to finance completion of Sabine Pass’s liquefied natural gas facility in Cameron Parish, Louisiana.

    M&A

    • Advised a major Asian strategic investor in due diligence and negotiations for the planned acquisition of a large portfolio of managing interests in operating U.S. wind farms and development-stage utility-scale solar projects, together with an associated management and development company.
    • Advised a U.S. wind energy developer in the sale of its ownership interests in wind project located in the Altamont Pass region of California.
    • Advised an investor in acquisition of interests in two solar projects aggregating to approximately 400 MW in Utah and Texas.
    • Advised a seller of a 90 MW portfolio of development-stage solar projects.
    • Advised a global corporation on acquisition of 88 MW solar project located in PJM region.
    • Advised a seller in disposition of portfolio of three solar energy projects located in Northeastern U.S.
    • Advised a U.S. buyer of battery energy storage systems for 14 projects from three major Asian suppliers totaling more than $500 million in aggregate purchase price. Once installed, the systems will support solar projects currently under construction and provide in excess of 3,000 MWh of energy.
    • Advised a U.S. buyer on the negotiation of supply agreements with two Chinese equipment manufacturers for 2,000 MWh of energy storage projects. These negotiations required preparing novel, first-of-its-kind performance guarantee, capacity testing and availability warranty agreements in light of the scale of deployment.
    • Advised a European supplier of electric vehicle charging stations on the negotiation of partner agreement with U.S. reseller for deployment of EV charging stations in the United States, Canada and United Kingdom.
    • Advised a developer and contractor in the sale of a development-stage10 MW battery energy storage project located in Ohio to a non-regulated affiliate of an investor-owned utility and an EPC contract for the completion of the project.
    • Advised a developer and contractor in the sale of a development-stage battery energy storage project located in Ohio to an independent power producer and related balance of plant and O&M contracts for the project.

    Infrastructure

    • Advised a developer of international airport and land reclamation project in major Southeast Asian capital city.
    • Advised a lender on the financing of a port expansion project in Mexico.
    • Advised IFC, DEG, COFACE and the Bank of Nova Scotia in financing of the Phase 2 expansion of the Caucedo port project in the Dominican Republic.
    • Advised a consortium of investors in connection with the comprehensive development agreement for the $4 billion IH-635 (LBJ Freeway) Managed Lanes Project, which creates a public-private partnership that allows the consortium to plan, finance, design, construct, operate, and maintain 13.2 miles of roadway along Interstates 635 and 35E in Dallas, Texas.
    • Advised a consortium of investors in connection with the comprehensive development agreement for the $2 billion North Tarrant Expressway project, which creates a public-private partnership that allows the consortium to plan, finance, design, construct, operate, and maintain 13 miles of roadway along Interstate 820 project near Fort Worth in Tarrant County, Texas.
    • Advised Abu Dhabi Water & Electricity Authority in connection with its the Shuweihat S2 independent water and power project, involving the development of a greenfield 1,500 MW and 100 million imperial gallons daily power generation and seawater desalination plant and associated facilities in the Emirate of Abu Dhabi in the United Arab Emirates.
    • Advised the Ministry of Petroleum and Mineral Resources in connection with a competitive offering for the award of a license to a private sector consortium of domestic and foreign companies for the construction of a refinery to process 250,000 to 400,000 barrels per day in the Jazan region in the Kingdom of Saudi Arabia.
    • Advised a private equity fund in its aggregate investments of over $300 million into various Indian joint venture companies formed for the purpose of acquiring and developing commercial and residential real estate in India.