ESPCs -- Energy Savings Performance Contracts

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Kutak Rock assists lenders, finance authorities, government entities, developers and energy providers to structure, negotiate, document, finance and close traditional and non-traditional energy savings performance contracts (ESPCs). Analyzing the structure to ensure the viability of the proposed project and the actual savings that can be realized are key elements of any ESPC, and we have the experience to consider these factors and then develop and facilitate a successful transaction. One of our transactions won the National Conference for Public Private Partnership’s deal of the year for an ESPC contract transaction in 2011.

Our transactions have involved the U.S. Department of Energy, Army, Navy, U.S. Department of Housing and Urban Development and other federal agencies. Recently we assisted a client in developing a new structure for a Renewable Energy Services Agreement as part of an Energy Savings Performance Contract with the U.S. Army Corps of Engineers. In addition, Kutak Rock assisted one of our clients to develop and structure a state-level governmental entity’s Energy Savings program and also assisted to negotiate several of the government’s ESPCs. Further, Kutak Rock often is asked to consult with government entities to explore options to finance energy transactions and analyze ESPCs as a potential financing tool.