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Mr. Small has over 25 years of experience in energy, public utility, environmental and administrative law. His energy and public utility law experience includes siting of energy and telecommunications facilities; development, acquisitions and sales of generating facilities; interconnection, equipment sales, and O&M agreements; wholesale and retail energy purchase and sales agreements; major commercial energy transactions, administrative and appellate litigation; utility ratemaking; and electric industry restructuring. His experience in environmental law involves air, hazardous waste, water, litigation and litigation management, enforcement, permitting, siting, and environmental management systems.
Mr. Small’s clients include regulated and unregulated electric utility subsidiaries, project developers, power plant owners, exempt wholesale generators, natural gas pipelines, equipment manufacturers and vendors, and retail utility customers. He represents these entities in a variety of energy regulatory, administrative litigation and commercial matters, and in environmental counseling and enforcement matters.
Prior to joining Brown Rudnick, Mr. Small was Assistant General Counsel for Northeast Utilities, the largest utility in New England. He served for two years as its Chief Marketing Counsel and was the primary attorney responsible for all environmental law matters and for significant public utility regulatory matters. He represented regulated and unregulated subsidiaries of NU before state regulatory commissions in Connecticut and Massachusetts, and before the Federal Energy Regulatory Commission, in appellate litigation and in commercial transactions on a wide variety of energy and public utility issues.
Recent Matters
Represents a large manufacturing company in drafting and negotiating agreements to purchase and sell renewable energy credits ("RECs").
Represents a subsidiary of Northeast Utilities in proceedings before the Federal Energy Regulatory Commission and the Connecticut Department of Public Utility Control involving disputes over ownership of RECs under pre-existing contracts.
Currently representing a project sponsor in connection with the financing and development of five wind farms in Brazil. This work includes assisting the company in the equity raising as well as debt financing of the project, and negotiation and finalization of the project sponsor’s EPC documents. The wind farms will generate approximately 200 MW of power and will generate carbon credits for use under the Kyoto Protocol and the EU Emissions Trading Scheme.
Represented an interstate gas pipeline company proposing a new compressor station, and natural gas pipeline crossing Long Island Sound in state siting and permitting proceedings and in a state task force evaluating Long Island Sound pipeline and cable crossings.
Represented the owner of a large electric generating facility in the state siting proceedings for a proposed merchant electric transmission cable crossing Long Island Sound.
Negotiated and obtained FERC approval of numerous electrical interconnection agreements for independent power producers and for electric utilities.
Lead counsel for a successful $865.5 million, 1,300 megawatts, acquisition of electric generation facilities by an unregulated utility subsidiary.
Represented an electric utility in renegotiation, regulatory approvals and closing of approximately $1 billion of buyouts, buydowns and restructurings of over-market qualifying facility contracts.
National energy counsel for a distributed generation equipment manufacturer.
Represented a wind power developer in negotiating construction contract for a 24 megawatt wind farm in Scotland.
Represents a major equipment manufacturer in negotiating retail electric and gas purchase agreements.
Represents a large electric generation company in state proceedings involving renewable energy credits.
Represents an energy service company in negotiating contracts to install a 2 megawatt cogeneration facility at a manufacturing facility.
Represented a large equipment manufacturer in negotiating a shared energy savings contact with an energy services company.
Represented a large electric company in multiple conservation and load management proceedings before the Connecticut Department of Public Utility Control.
Awards & Honors
Listed in New York Magazine in 2005 and 2007 as one of the best energy and environmental lawyers in the New York Metropolitan area
Listed since 2003 in Woodward/White Inc.'s The Best Lawyers in America for Energy Law and Environmental Law
Community Involvement
Former Chairman, Bloomfield, Connecticut Inland Wetlands and Watercourses Commission.
Former Member, Bloomfield, Connecticut Town Plan and Zoning Commission, and Plan of Development Commission
Bar Admissions & Memberships
Admitted, Connecticut and District of Columbia Bars
Chair, Public Utility Section of the Connecticut Bar Association for 2004 - 2005 and member, Environmental Section; American Bar Association (Sections of Environmental, Energy and Resources; and Public Utility, Communications and Transportation Law); Energy Bar Association | 