Jeffery R. Atkin is a partner with Foley & Lardner LLP where he is chair of the Solar Energy Team and a member of the Energy Industry Team. His areas of practice cover a broad range of business and financial matters, including renewable energy, project finance, private placements, mergers and acquisitions, joint ventures, real estate development and equipment procurement and leasing.
Mr. Atkin’s experience in renewable energy and project finance includes representing developers, investors, lenders and landowners in the construction, development, acquisition and financing of renewable energy generation facilities, including wind, solar, hydro, geothermal and biomass facilities.
Mr. Atkin is adjunct faculty at Loyola Law School and teaches a course on alternative energy development and project finance. Prior to joining Foley, Mr. Atkin was a judicial extern with Judge Sidney R. Thomas of the United States Court of Appeals for the Ninth Circuit.
In 2012, Mr. Atkin was selected by Law360 as one of the top five rising stars under 40 in the energy industry. He also was recognized in 2012 by Legal 500 for his project finance work.
Mr. Atkin received his J.D., magna cum laude from Brigham Young University, where he was a member of the Brigham Young University Law Review. He received his B.A., summa cum laude, from Southern Utah University. He is admitted to practice law in California, Utah and Wisconsin.
Representative transactions include:
- Represented renewable energy developers and financing parties in the acquisition, development and financing of utility scale projects across the US, including projects in Arizona, California, Colorado, Florida, Hawaii, Massachusetts, Nevada, New Jersey, New Mexico, Puerto Rico, Texas and Utah, and projects internationally, including projects in Australia, Brazil, Canada, Central America, Chile, Japan, Mexico and South Africa
- Represented large solar energy developer in the construction, power sales, financing and operation of a 70 MW concentrated solar thermal energy plant in Nevada
- Represented solar equipment and wind turbine manufacturer and project developers in the purchase and supply of nearly 1,000 MWs of solar panels and over 2,000 MWs of wind turbines
- Represented developer in tax equity financing of a portfolio of five wind energy projects in North Dakota, Minnesota and Colorado, totaling 598 MWs
- Represented major developer in the acquisition of a portfolio of eight wind energy projects in the U.S. and Canada
- Represented wind and solar energy developers and construction companies in the negotiation of balance of plant and other construction-related agreements for dozens of projects in the U.S. and Canada
- Represented wind and solar energy developers in several successful power purchase agreement bids, negotiations, and projects, including with PG&E, SCE, SDG&E, SMUD, LADWP, SCPPA, UAMPS, Nevada Power, APS, SRP, TVA and others
- Represented major solar energy developer and manufacturer in the acquisition of three solar energy installers in the U.S.
- Represented landowners and developers in structuring and negotiating various joint venture and development arrangements, including with several Native American tribes
- Represented an equity investor in the acquisition of three solar development and installation companies in Pennsylvania and California, including an aggregate portfolio of more than 30 solar PV projects
- Represented an international developer and manufacturer in the acquisition of and equity investment in a portfolio of nine solar PV facilities on various public schools
- Represented a construction lender and contractor in the construction and debt financings of a 10.5 MW combined wind and solar energy project in Arizona
Recent Publications and Speaking Engagements:
- "Solar Securitization: What Solar Companies Need to Know," co-presenter, Solar Power Finance & Investment Summit, March 18, 2013
"Penetrating Niche Markets: Sports Teams, Nonprofits, Tribes, Schools & Military Energy Projects,” panelist, PV America East, February 6, 2013
- "Permitting with Compliance in Mind," moderator, Infocast Utility Scale Solar Summit in San Diego, October 9, 2012
- “The Nuts and Bolts of the Section 1603 Cash Grant Application,” moderator, August 29, 2012
- "Buying and Selling Utility Scale Projects," moderator, Solar Power Finance & Investment Summit, February 28, 2012
- "SREC Roundtable: A Comparison of State Policies and a Look into the Future of SRECs," August 17, 2011
- "Strategic Alliances and Joint Ventures," moderator, Solar Power Finance & Investment Summit, March 22, 2011
- "MA SRECs: The Massachusetts RPS Solar Carve-Out Program Explained," presenter, Energy Briefing Series, January 27, 2011
- "US Offtakers' Technical Requirements for Wind Power Projects," moderator, US-China Wind 2010, San Francisco, December 9, 2010
- "Section 1603 Cash Grants," presenter, Energy Briefing Series, October 21, 2010
- "A Discussion on the Present and Future of Renewable Energy," chair and moderator, AlterEnergy 2010, Los Angeles, April 25, 2010
- "Alternative Energy Trends and Opportunities," moderator, Foley’s 2009 Emerging Technologies Conference, September 30, 2009
- "New Renewable Energy Technologies," moderator, California Clean Innovations Conference, May 1, 2009
- "Independent Wind Developers’ Perspective on Wind Financing and Development," moderator, Wind Power Investment Summit 2009, San Diego, California, February 12, 2009
- "Buying & Selling Wind Power Assets," chair of Pre-Summit Workshop, Wind Power Investment Summit 2009, San Diego, California, February 11, 2009
- "How are the current economic conditions and government policies affecting renewable energy project development?" UCLA Renewable Energy Development Panel, January 20, 2009
- "Acquisition Structures and Due Diligence," Wind Power Investment Summit 2007, 2008 and 2009, San Diego, California