REPRESENTATIVE EXPERIENCE
Maria C. Faconti
Acted as lender's counsel on 153 MW wind energy project pertaining to the financing of
development which includes performing review of real estate due diligence, regulatory,
environmental, validation of property ownership and negotiation of other loan documents to
ensure protection of lender.
Public Utility Commission of Texas (PUCT) and Electric Reliability Council of Texas (ERCOT)
Represented merchant generator in obtaining dismissal of competitor's request to install two
battery storage systems as alternative to traditional distribution system expansion.
Drafted post-hearing briefs and exceptions to Proposal for Decision (PFD) and made oral
arguments before PUCT commissioners.
Drafted comments in various PUCT projects related to resource adequacy and marketing design
changes.
Routinely counsel congestion revenue rights (CRR) account holders on ERCOT general matters,
including minimum participation requirements and other compliance issues.
Represented governmental entities, including school districts, in three El Paso Electric rate
proceeding and El Paso Electric’s sale, transfer, merger proceeding, before the PUCT.
Counseled wholesale market participants with registration, planning, and compliance issues
involving ERCOT NERC, and TRE.
Defended qualified scheduling entity, generation, and retail clients in violation proceedings in
front of the PUCT.
Represented numerous wind, solar, and wholesale storage project owners in obtaining necessary
PUCT certifications.
Conducted numerous compliance training for power generation companies, retail electric
providers, and power marketers.
Counseled and defended clients on issues related to compliance with PUCT rules and ERCOT
Protocols.
Assisted Texas retail electric providers and power generation companies on compliance with
certification, de-certification and reporting obligations.
Advised clients on impacts of Winter Storm Uri, including, but not limited to, weatherization
requirements, billing disputes, default uplift charges, emergency operation plans, market design
changes, etc.
Advised clients on Lone Star Infrastructure Protection Act.
Assisted clients in understanding impacts of Winter Storm Uri on their power purchase
agreements.
Represented industrial clients in Austin Energy rate proceedings before Independent Hearings
Examiner.
Represented University in dispute over gas bill related to consumption during Winter Storm Uri.
Texas Project Development and Transactions
Represented buyer in an acquisition of a $400 million portfolio of energy storage projects in
Texas.
Project development work for 350 MW solar project in Fort Bend County, Texas, including
obtaining tax equity financing of the project, focusing on interconnection and energy regulatory
compliance.
Represented tax equity investor in investment in three Texas energy storage projects totaling
705 MW.
Advised battery storage company in closing of financing for multiple storage projects (both DG
and non-DG), ensuring all required energy regulatory approvals with PUCT, ERCOT, and TRE had
been obtained.
Provided energy regulatory guidance to renewable developer in its sale of the development rights
of a 260 MW solar project in Brazoria County, Texas, to infrastructure company, along with the
debt and tax equity financing of the project.
Advised renewable developer in the acquisition, financing, and eventual sale of the largest
single-phase and single-site wind project in the US, a 525 MW wind farm in Coke County, Texas.
Represented renewable developer in its acquisition, development, construction loan financing,
and tax equity financing of a 492 MW wind project in Concho County, Texas.
Represented wind developer in drafting shared facilities agreement.
Advised retail provider on sale of business in Texas.
Represented utility client identifying and understanding non-wires alternatives to transmission.
Represented renewable energy developer in tax equity financing of five renewable projects (wind
and solar) in ERCOT, as part of a larger portfolio transaction.
Represented client in sale of its co-generation facility in ERCOT.
Represented ERCOT generators in tax equity financing using inverted lease structure.
Served as Texas regulatory counsel for a lender in connection with the financing of four gas
"peaker" plants – two operating and two under construction – in Harris and Victoria Counties,
Texas.
Served as Texas regulatory counsel for a construction lender in connection with two carbon
capture projects involving the capture of carbon dioxide (CO2) from two ethanol plants in Hale
and Deaf Smith Counties, Texas, and the transportation of purified CO2 via pipelines to delivery
points in Hale County, Texas, and Curry County, New Mexico. The projects were designed to
capture 95% of CO2 produced at the ethanol facilities, which is currently vented to the
atmosphere, for an estimated capture of 1,084 metric tons per day from each facility.
Represented renewable energy developer developing 260 MW solar project in Lamar County, Texas.
Assisted renewable energy developer in obtaining all required state level regulatory permits for
a 255 MW solar project in Pecos County, Texas.
Represented renewable energy developer obtain financing for a 240 MW solar facility in Fort Bend
County, Texas.
Represented solar energy development company in the development of one of Texas' largest solar
projects, and in completing funding of the tax equity investment by Facebook.
Counseled solar energy developer on energy regulatory matters in acquisition of 241 MW solar
project in Cameron County, Texas.
Represented client creating behind the meter arrangement to power electrolyzers for the
production of green hydrogen.
Represented buyers and sellers in the negotiation of renewable power purchase agreements and
virtual power purchase agreements.
Represented project developer in negotiating behind the meter power purchase agreement with a
crypto miner.
Evaluated and negotiated behind the meter arrangement for a facility interconnected in a
non-opt-in area of ERCOT for tax equity investor.
Drafted tolling agreement for storage facility.
Represented Project Company in tax equity investment of 299 MW wind project in Limestone and
Navarro Counties, Texas and 250 MW solar project in Hill County, Texas.
Represented Project developer in 150 MW solar and 200 MW storage facility in Caldwell County,
Texas.
Other Project Development and Transactions
Represented multiple tax equity investors and lenders on energy regulatory permitting issues
involving investment in wind, solar, and battery projects in New Mexico, South Dakota, North
Dakota, California, Illinois, Louisiana, Colorado, Iowa, Virginia, Pennsylvania, and Oklahoma.
Represented renewable developer in its acquisition, development, construction loan financing,
and tax equity financing of the 202 MW wind project in Logan County, Illinois.
Served as Wisconsin regulatory counsel for a developer constructing a 1,800 MMBtu per day
anaerobic digester facility located in Brown County, Wisconsin.
Represented tax equity investor in financing of California Low Carbon Fuel Standard qualifying
facility.
Acted as New Mexico regulatory counsel for a tax equity investor and construction lenders in
connection with the 90 MW repowering and 144 MW expansion of a wind project in Guadalupe County,
New Mexico.
Served as Oklahoma regulatory counsel for lender group closing construction loans totaling $2
billion for three wind projects, 999 MW, 288 MW, and 199 MW.
Represented client creating micro-grid in Illinois.
Advised numerous clients in development of community and rooftop solar in a number of states,
including Illinois, New York, California and elsewhere.
Assisted client in developing standardized contract for community solar initiatives in various
states, supplementing standard form to meet regulatory requirement of specific utility as
company expanded footprint.
Provided energy regulatory guidance to solar company for the development and financing of a 300
MW solar project in Pueblo, Colorado.
Represented client in repower of wind facilities in North Dakota, Oklahoma, and Colorado.
Assisted client in understanding proposed regulatory changes and impacts of deregulation in
Nevada.
Represented renewable energy developer obtaining financing for a 100 MW solar facility in
Stephenson County, Illinois.
Represented investor in 215 MW solar and 215 MW energy storage facility in Arizona.
