D. Brennen Keene Partner

Experience

Energy Projects

• Assist an energy company negotiate over 100 separate land option contracts for properties totaling over 100,000 acres of land in the PJM territory, which contracts provide the client with a pipeline of properties for the development of a significant number of utility-scale solar and energy storage projects. Brennen also assists that client in its development and permitting efforts for individual projects on those properties.
• Representation of a private equity fund in real estate, project development, construction financing and tax equity investment matters related to the development of multiple large-scale wind energy projects and energy storage projects in several states. That work included the preparation and negotiation of shared facilities agreements for shared interconnection facilities between owners of different projects.
• Representation of a public utility in the MISO territory in the negotiation of build transfer agreements for the acquisition of multiple wind energy projects. That work included drafting and negotiating a shared facilities agreement for shared interconnection facilities between two wind energy projects.
• Representation of an energy company in the acquisition, development and construction of over 40 solar energy projects in multiple states in three time zones with a total production capacity of over 1,800 megawatts.
• Representation of a solar and energy storage developer on real estate and permitting issues for the development of a pipeline of projects in the PJM territory.
• Representation of an independent power producer on real estate and related matters for the financing and construction of a 1,000MW gas-fired combined-cycle power plant located on a former railroad maintenance yard.
• Representation of a private equity fund on real estate and permitting matters in a lending transaction to a project developer for the development of a pipeline of solar and energy storage projects in multiple states.
• Representation of an energy company in the acquisition and development of multiple development-stage solar energy projects in Virginia.
• Representation of an energy company in the acquisition and permitting of several energy storage projects in Virginia.
• Advise an energy company as it repositioned land with environmental constraints for the development of solar energy projects on those properties.
• Representation of an energy company on land use and real estate matters for the construction of four separate gas-fired power generation facilities (ranging from 590 MW to almost 1,600 MW).
• Representation of a wind project developer on land use matters for what is anticipated to be the first wind energy project to be developed in Virginia.
• Representation of the owner of a large coal-fired electric generation facility in obtaining local land use and siting approvals, and the negotiation of related agreements, to permit reclamation of large a coal-ash storage facility.
• Representation of an energy project developer and operator in obtaining local land use approvals for construction of a renewable natural gas facility.

Data Centers

• Representation of a data center developer with real estate and related matters for the co-location of data centers with existing electric generation facilities in multiple states.
• Ongoing representation of a data-center developer with real estate matters related to the assemblage of properties for a data center campus.
• Representation of an energy company in obtaining permitting for a 150 MW solar project and a potential one million square foot data center development co-located with a solar project.

Commercial, Industrial and Mixed-Use Developments

• Representation of a national developer on local land use and real estate matters for the siting of multiple logistics centers in Central Virginia
• Representation of large retailer in the review of local land use entitlements and the negotiation of local incentives for two large distribution facilities located in Central Virginia.
• Representation of a retail center developer in obtaining rezoning approval for over 200,000 square foot retail center, including a 135,000 square foot grocery store anchor, on an infill property located in a Central Virginia locality. The grocery store anchor later hired Brennen to obtain additional entitlements for the store.
• Representation of a Richmond-area developer in obtaining several zoning approvals for NorthLake, a 400-acre industrial/commercial development in Hanover County, Virginia with over 1.3 million square feet of space now developed. Brennen assisted the developer in the acquisition of the real estate for the project and negotiation for the sale of portions of the project to other developers. He also assisted the developer in obtaining a commitment of public funds for construction of road and water infrastructure for the project.
• Representation of granite mining companies in seeking various land use approvals for development of new mining operations and the expansion or continuation of existing mining operations.
• Representation of the subsidiary of an Indian-based pharmaceutical-grade gelatin manufacturer to obtain zoning approvals for the subsidiary’s North American headquarters and distribution center.
• Representation of several residential project developers in Central Virginia on new development projects for a mix of residential types, including single family detached project, townhouse projects and multi-family developments.