Rocio Portela-Berrios
Senior Counsel
Rocío Portela‑Berríos advises developers, investors, and financial institutions in the energy and infrastructure sectors on project development and finance matters across a broad range of technologies, including solar, battery energy storage systems, wind, and renewable natural gas.
Rocío regularly works with renewable energy and energy transition developers to structure and advance projects that are both financeable and commercially viable. She also represents lenders, investors, and sponsors in the financing of energy, infrastructure, mining, and renewable energy projects in the United States and Latin America.
Rocío brings a solutions‑oriented approach to complex transactions to guide clients strategically through every phase of a project’s life cycle.
Representative Experience
Project Development
- Represented a leading solar and battery IPP in the negotiation of EPC, construction management and equipment supply agreements in connection with the development of utility-scale solar and battery storage assets, including structuring such agreements for compliance with relevant Inflation Reduction Act provisions.
- Represent a leading IPP in redevelopment of their form EPC contracts for utility-scale solar and battery storage projects.
- Represented a construction manager in developing a form Construction Management Agreement for U.S. utility-scale solar projects.
- Represent a utility-scale battery storage developer in an EPC contract with RES for a project on BLM land in southern Nevada.
- Represent distributed solar energy company in negotiation of various master purchase agreements for inverters, modules and racking for portfolio of U.S. projects.
- Project development and financing counsel to Samsung C&T Renewables
- Represented a utility-scale developer in negotiating several virtual power purchase agreements with Fortune 100 offtakers
- Represented a green hydrogen developer in negotiating a hydrogen offtake agreement with various heavy-industry customers
- Represent a green hydrogen developer in procuring long-lead electrolyzer and balance of plant equipment
- Represented a leading solar and battery IPP in the negotiation of EPC, construction management and equipment supply agreements in connection with the development of utility-scale solar and battery storage assets, including structuring such agreements for compliance with relevant Inflation Reduction Act provisions
- Represented a Fortune 500 retailer in the negotiation of power purchase agreements (PPAs) and equipment leases in connection with rooftop solar assets
- Represented owner in negotiation and drafting of a utility scale battery energy storage system supply agreement and long-term services agreement while simultaneously negotiating vendor financing described below.
- Represented owner in the negotiation and drafting of a construction services agreement for the repowering of a utility scale solar photovoltaic project while simultaneously representing owner as borrower in the debt financing described below.
- Represented producer of computer memory and computer data storage as purchaser in connection with its purchase of environmental attributes associated with (i) 210 MW of energy from a solar photovoltaic energy generating facility located in Texas and (ii) 178.5 MW of energy from a wind-powered electric generating facility located in Texas, in each case, under a virtual power purchase agreement.
- Represented a leading renewable energy developer in the negotiation of an engineering, procurement and construction agreement for a battery energy storage facility with an approximate installed capacity of 113.5 MW, to be collocated with the existing solar photovoltaic power generating facility.
- Represented developer as owner in equipment supply agreement and long-term services agreement negotiations for the development of various battery energy storage system facilities with an approximate total installed capacity of 231.6 MW / 927 MWh, in each case, integrated with solar energy facilities.
- Represented a lead renewable energy developer in the negotiation and drafting of a fixed price balance of plant and turbine installation agreement for a utility scale wind-powered electric generation facility to be located in South Dakota.
Project Finance
- Represented Spanish sponsor with a US debt project financing for a 180 MW solar plus 100 MW storage project in Texas.
- Represented a leading global investment bank and financial services company in connection with a $200 million debt facility provided to a national IPP and fully integrated developer of distributed renewable energy assets to support its origination, acquisition, development, construction, and operation of a large portfolio of distributed renewable energy projects. Deutsche Bank Trust Company Americas served as agent.
- Represented a utility-scale solar and battery storage developer in securing construction financing from the DOE Loan Programs Office
- Represented borrower in vendor financing for the financing of battery energy storage system project owned by affiliate of borrower.
- Represented borrower in the tax equity and debt financing for its 75 MW AC solar power plant and related facilities located in Colorado.
- Represented global energy investment firm in their construction financing and tax equity financings of various solar and wind greenfield projects across the U.S.A.
- Represented lenders in the financing of the only 4G toll road financing in Colombia to close a financing during the effects of COVID. Deal won Americas Transport Deal of the Year at the Project Finance International Awards 2020.
- Represented project sponsors in connection with the development and financing of a major LNG-to-power project in Brazil. The financing included a credit facility from the local development bank and a credit facility from IFC. Deal won Power Financing of the Year and Infrastructure Financing of the Year at the Latin Finance Awards 2019.
Awards and Recognition
- Leadership Council on Legal Diversity, Pathfinders Atlas Award (2023)
- Best Lawyers: Ones to Watch in America®, Corporate Law (2025)
Affiliations
- Pathfinder, Leadership Council on Legal Diversity (2023)
- Member, Denver Tennis Park, Board of Directors (2022-present)
Presentations and Publications
- Speaker, “Solar Development & Transaction Due Diligence: Legal, Technical & Financial Best Practices w/ IRA Applications,” EUCI Seminar (July 24-25, 2024)
- Speaker, “Solar Development & Transaction Due Diligence: Legal, Technical & Financial Best Practices w/IRA Applications,” EUCI Seminar (June 6-7, 2023)
Languages
- Spanish
Pitfalls in BESS Contracts with New Counterparties (Part 1)
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