The New Jersey Board of Public Utilities (BPU) has taken several significant actions affecting the state’s solar and energy storage programs, primarily in response to Governor Mikie Sherrill’s Day One Executive Orders addressing New Jersey’s energy cost crisis. This Client Alert from our Energy & Renewable Resources team provides the details.

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Photo of Kenneth J. Sheehan Kenneth J. Sheehan

Partner, Environmental

Ken concentrates his practice on the regulatory, legislative and transactional issues associated with initiatives involving highly regulated utilities, including clean and solar energy, electric and gas, solid waste, water and wastewater, cable and telecommunications. His broad-based experience in both the public…

Partner, Environmental

Ken concentrates his practice on the regulatory, legislative and transactional issues associated with initiatives involving highly regulated utilities, including clean and solar energy, electric and gas, solid waste, water and wastewater, cable and telecommunications. His broad-based experience in both the public and private sectors has provided him with a deep understanding of public utility law and administrative law, which throughout his career has informed his representation of clients ranging from public utilities to the developers of commercial and community solar projects.

Ken has notably served in numerous significant roles at the New Jersey Board of Public Utilities (BPU), including as Director of the Division of Clean Energy, Chief of Staff and Chief Counsel. His responsibilities in these positions encompassed advocating for the business and local government communities as Ombudsman, developing and implementing clean energy and other emerging technology policy,  supervising the BPU’s internal legal division, and negotiating multi-billion dollar matters on behalf of the State.

In private practice, Ken has represented clients before state and federal regulatory entities including the BPU, the New Jersey Department of Environmental Protection, the New Jersey Division of Community Affairs, the Federal Energy Regulatory Commission, and the Federal Communications Commission. In addition, he has successfully defended clients in New Jersey at the trial, appellate and Supreme Court levels, as well as before federal Circuit Courts and as amicus curiae before the U.S. Supreme Court.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

ksheehan@greenbaumlaw.com | 732.476.2678 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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Photo of Barbara J. Koonz Barbara J. Koonz

Managing Partner / Chair, Energy, Renewable Resources and Sustainable Development

Barbara focuses her practice in the areas of environmental and energy law, with an emphasis on environmental permitting and compliance, development and transfer of electric generation facilities, renewable and clean energy projects, coastal…

Managing Partner / Chair, Energy, Renewable Resources and Sustainable Development

Barbara focuses her practice in the areas of environmental and energy law, with an emphasis on environmental permitting and compliance, development and transfer of electric generation facilities, renewable and clean energy projects, coastal and port-area projects, and A-901 licensing.

For over 30 years, Barbara has advised domestic and overseas businesses with respect to New Jersey state and federal environmental permitting, regulatory compliance and requisite scientific data to best manage environmental remediation, ISRA compliance, New Jersey Pollutant Discharge Elimination System (NJPDES) permitting, air permitting, CAFRA permitting, waterfront development and wetlands permitting. She also serves as local counsel to secure all requisite local, state, energy and environmental permitting and approvals for the development and operation of electric generation facilities, including renewable and clean energy projects in New Jersey.

As a geologist and attorney, Barbara brings broad-based expertise to the task of advising private and public entities involved in the fossil fuel, liquefied natural gas (LNG) and renewable energy industries in connection with the acquisition, project management, development and permitting of energy facilities and related infrastructure. This work includes the coordination of due diligence for energy projects on behalf of developers and investors.

Barbara regularly represents solar energy providers and hosts in connection with the development of grid-supply, net-metered and community solar photovoltaic (PV) projects, including some of the largest solar PV projects in New Jersey. In connection with solar and other distributed energy projects, Barbara, on behalf of power providers and off-takers, drafts and negotiates engineering, procurement and construction agreements (EPCs), power purchase agreements (PPAs), rooftop leases, and related property rights and access agreements. She provides counsel to clients regarding eligibility and compliance with BPU renewable energy requirements, including the solar renewable energy certificate (SREC) program and the newly implemented Transition Incentive (TI) program. Further, she provides advice regarding interconnection agreements with local electric distribution companies and regional transmission organizations such as PJM.

Her work has encompassed the permitting, development and transfer of renewable and clean energy projects; A-901 licensed solid waste facilities, recycling facilities, public wastewater and solid waste facilities, Combined Heat and Power (CHP) facilities, linear and pipeline development projects as well as securing grants and funding for redevelopment projects and assisting solid waste service vendors to obtain the required A-901 licenses and Certificates of Public Convenience and Necessity required under New Jersey law to operate within the state.

She has represented state, national and global manufacturers and large shipping operators and investors in matters involving due diligence for acquisitions and local, state and federal environmental permitting of their U.S.-based operations, including solar and other renewable energy, clean energy, manufacturing, recycling and solid waste facilities. In addition, she has counseled global, federal, state and local governments on the development of regulatory protocol for environmental resources, both in New Jersey and beyond.

Barbara has extensive experience in negotiating regulatory issues and resolving related enforcement actions with public agencies, including the New Jersey Department of Environmental Protection (DEP) and the New Jersey Board of Public Utilities (BPU). Her work has encompassed the permitting and transfer of A-901 licensed solid waste facilities and transporters, public wastewater and solid waste facilities, Combined Heat and Power (CHP) facilities, linear and pipeline development projects, and scrap metal and other recycling facilities, as well as securing grants and funding for redevelopment projects and the management of contamination from hazardous materials, range lead reclamation and historic pesticides.

Barbara has secured environmental permits and approvals for a comprehensive range of projects and facilities including interstate pipelines, LNG facilities and independent power producers, overseeing all aspects including due diligence and the coordination of stakeholders, state agencies and federal entities including the U.S. Environmental Protection Agency (EPA) and the Federal Energy Regulatory Commission (FERC). She has also counseled property owners, public utilities and government entities on cost-effective acquisitions of energy infrastructure rights-of-way (ROW) through easements, permits and surface access agreements.

Results may vary depending on your particular facts and legal circumstances.

Contact information:

bkoonz@greenbaumlaw.com | 973.577.1894 | vCard | LinkedIn

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.

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