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Caileen Kateri Gamache

Senior Counsel

Caileen Kateri Gamache

Washington, DC

T:+1 202 974 5671

Caileen Kateri Gamache (“Kat”) works with project developers, investors, utilities and financial marketers to find solutions to complex energy regulatory issues, develop ideas into operational projects, draft and negotiate material contracts and close deals. She routinely represents clients before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), state regulatory agencies, Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) on matters arising under federal and state statutes and implementing regulations, including the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Regulatory Policies Act, the Public Utility Holding Company Act and the Energy Policy Act of 2005.

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  • Education

    JD, magna cum laude, University of Maine School of Law, 2008
    BA, Phi Beta Kappa, summa cum laude, University of Maine, 2003

  • Representative experience
    • Represented renewable energy project developer in drafting and negotiating physical and virtual offtake agreements with multiple counterparties for a 400 MW wind facility under development in Texas.
    • Represented renewable energy project developer in drafting and negotiating novel power purchase agreement and interconnection agreement with municipal off-taker for a solar + storage facility in Massachusetts.
    • Represented a consortium of lenders in connection with the US$2.3 billion financing of the Southland repowering project in southern California sponsored by The AES Corporation. The Southland repowering project consists of 1,284 MW of combined-cycle natural gas generation and 110 MW of battery-based energy storage.
    • Sponsor’s counsel for development of approximately 950 MW gas-fired generating facility in Ohio. Provided regulatory guidance and drafted and negotiated project documents, including gas transportation and supply contracts, ISDA-based hedge agreements and offtake agreements.
    • Regulatory counsel to lenders and investors in project finance and acquisition of community solar projects.
    • Represented senior and back-leverage lenders in connection with the financing of the 230 MW Mariah North Wind power project, serving the high-demand ERCOT market in Parmer County, Texas, with a 13-year, fixed-price hedge for its power production.
    • Assisted major renewable energy holding company in the acquisition of four New England hydroelectric facilities.
    • Represented the lenders to Cheniere Energy Partners, L.P. on approximately US$2.8 billion of senior secured credit facilities.
    • Advised lenders on regulatory, landfill gas supply contracts, interstate gas transportation, and offtake matters to developer of landfill gas project located on a landfill in Kentucky producing Renewable Natural Gas for delivery to buyers on interstate gas pipelines.
    • Regulatory counsel in representation of the lenders in connection with the approximately $290 million financing of the Block Island Wind Farm, a 30 MW project off the coast of Block Island, Rhode Island. The project is the first utility-scale offshore wind farm in the United States. The Mandated Lead Arrangers for the approximately US$290 million financing were Société Générale and Key Bank. Société Générale is also the financial advisor and administrative agent for the financing. The wind farm will generate over 125,000 MWh annually, enough to power over 17,000 homes. Power will be exported to the mainland electric grid via the 21-mile, bi-directional Block Island Transmission System, a submarine cable proposed to make landfall in Narragansett, Rhode Island. This transaction was named the 2015 "Americas Renewable Deal of the Year" by Project Finance International and the 2015 "North American Wind Deal of the Year" by IJGlobal. Our work on this transaction was also commended in the Financial Times 2015 "Most Innovative Law Firms" Report.
    • Sponsor’s counsel for developers of solar power and hydroelectric generating facilities. Provided regulatory guidance and drafted and negotiated project documents, including power purchase agreements (PPAs), land acquisition and lease documents, transmission easements, operation & maintenance (O&M) agreements, interconnection agreements, renewable energy credit purchase and sale agreements, and engineering, procurement and construction (EPC) contracts.
    • Represented a cogeneration facility owned by a large oil and gas company in a case of first impression under the qualifying facility provisions of PURPA. The project was the first to seek a finding by FERC that the facility would be used fundamentally to meet non-utility purposes as specified in a law enacted by Congress in 2005 where most of the output would be sold to a utility. Provided detailed information about the operation of the facility and its key role in supporting oil and gas production, which convinced FERC to grant the client’s application.
    • Represented sponsor of behind-the-meter Texas PV project to be constructed on-site of a major industrial manufacturer in Texas in drafting and negotiating corporate PPA and other contractual arrangements.
    • Represented Ullico Infrastructure Master Fund, L.P. in its acquisition of a portfolio of assets owned by D.E. Shaw Renewable Investments. The portfolio includes Springbok 1 (108 MW) and Springbok 2 (155 MW) solar facilities in California; Balko, a 299.7 MW wind farm in Oklahoma; North Star, a 100 MW solar park in Minnesota; the Portal Ridge Solar B (20 MW) and Portal Ridge Solar C (11.4 MW) projects in California; Red Horse 2, an 85 MW combined wind and solar, and Red Horse III, a 30 MW facility, both in Arizona; and Alta Luna, a 25 MW solar project in New Mexico.
    • Represented large utility in hydroelectric relicensing proceeding involving a boundary river project. Advised on issues of first impression under the Clean Water Act and Federal Power Act.
    • Represented a large industrial consumer in a proceeding concerning the allocation of the costs paid for demand side response. Presented detailed evidence that showed that the client received power under a long-term contract and the price under that contract was not based on the price of power in the market. FERC concluded that none of the costs of demand response could be allocated to the client.
    • Represented several entities in the NERC audit and enforcement process, including Critical Infrastructure Protection audits. Drafted NERC compliance policies and conducted corresponding employee training sessions.
    • Lead counsel representing large distributor on conversion of fleet from lead-acid batteries to hydrogen fuel cell power. Analyzed, drafted and negotiated project finance terms and service provider agreements in complex, multi-party transaction.
  • Admissions
    • District of Columbia Bar
    • Massachusetts State Bar
    • Maine State Bar
  • Publications

     

    • "Big Changes in How New Power Project Connect to the Grid," Project NewsWire, June 2018
    • Co-author, "Understanding the Energy Storage Opportunity: Drivers and Risks," ICF EBook, May 20, 2018
    • Co-author, Taking on Storage Part One: Understanding Drivers and Taking on Storage Part Two: Risks and How to Mitigate Them, Renewable Energy World, Jan. 11-12, 2018
    • "Energy Storage: Top 10 Unique PPA Considerations," Project NewsWire, October 2017
    • "Solar + Storage: US Regulatory Issues," Project NewsWire, August 2017
    • "Developers are Watching Two FERC Proceedings," Project NewsWire, June 2017
    • "Traps for the Unwary: PUHCA," Project Finance NewsWire, February 2016
    • "The Dark Side of Reliability Regulations," Power Magazine, April 2015
    • "Reevaluating the Wholesale Market Power Analysis," Power Magazine, November 2014
    • Co-author, "Getting the Deal Through, Electricity Regulation, 2012, 2013 and 2014," November 2011, 2012 and 2013
    • Co-author, "Smart Grid: Will it Get Renewables to Market and Promote Energy Efficiency? Infrastructure," Volume 49, Number 3, Spring 2010 (republished in Energy, Utility, Transportation and Environmental Law for the 21st Century, A Collection, edited by Lacouture, Peter V. (American Bar Association, 2013)
  • Speaking engagements
    • Co-Presenter, Business Innovation to Tackle Climate Change – Are Corporate PPAs Part of the Answer? IETA Climate Week Series, New York, NY, Sept. 25, 2018
    • Presenter, Interconnection Update; NRF Global Energy & Finance Conference, New York, June 8, 2018
    • Moderator, Energy Storage, How Quickly and How Much Will it Transform the Power Sector? NRF Global Energy & Finance Conference, New York, June 7, 2018
    • Co-Presenter, Alternative Financing for Renewable Energy Projects, Strafford Webinar Series, May 31, 2018
    • Co-Presenter, Investing in Energy Storage, ICF Webinar, March 20, 2018
    • Summit Moderator, Power Procurement – Balancing Aspirational Goals with Cost and Feasibility, Community Choice Energy Summit; Santa Clara, CA, November 15, 2017
    • Moderator, Financing Corporate and Other Renewable Energy Deals, Southeast Renewable Energy Conference; Atlanta, GA, November 3, 2017
    • Moderator, The Conventional Generation Fleet: What Will Remain, What Is Needed, What Will Get Built and How Will It Be Financed? Texas Renewables Summit; Austin, TX, September 2017
    • Chair, Texas Market Drivers Workshop; Austin, TX, September 2017
    • Presenter, WSPP 2017 Joint Operating and Executive Committee Meeting, Austin, TX, April 2017
    • Presenter and Conference Co-Chair, Infocast Projects & Money Conference, New Orleans, LA, January 2017
    • Presenter, "Energy Regulation for Transactional Attorneys," Transactional Training Series, Washington, DC, June 29, 2016
    • Co-presenter, "Power Purchase Agreements: Basic Overview and Bankability Analysis," Inter-American Development Bank (IDB/IIC), Washington, DC, June 17, 2016
    • Co-presenter, "Solar + Storage," Electric Utility Consultants, Inc. (EUCI) Webinar, June 15, 2016
    • Moderator, "Corporate PPAs," 27th Annual Chadbourne Global Energy and Finance Conference, Kohler, WI, June 10, 2016
    • Presenter, "New Developments in Energy Project Finance," American College of Investment Counsel (ACIC) Webinar, May 19, 2016
    • Presenter, "EBA Primer: Electricity and Electric Rate Regulation – An Introduction," San Francisco, April 4 - 5, 2016
    • Presenter, "EBA Primer:  Energy Trading," Houston, December 7 - 8, 2015
    • Moderator, "EBA Book Club," Author Lecture Series,  May and November 2014, January, March and May 2015
    • Panelist, "Howard School of Law Energy & Environmental Career Panel," Washington, DC, December 2013
    • Co-presenter, "US Renewable Energy and Natural Gas Markets: Lessons Learned," American Chamber of Commerce in Tokyo, Japan, September 2013
    • Co-presenter, "NERC Audits and Culture of Compliance: Practice Pointers," Washington, DC, March 2010
  • Memberships and activities
    • Energy Bar Association: Secretary 2013 - 2017
    • Energy Law Journal: Administrative Editor 2014 - 2018