Jerald W. (Jerry) Epps

Jerry Epps practices in the areas of public utility, energy, and real estate law. Jerry has extensive experience counseling developers, lenders and investors with respect to renewable energy projects. Jerry's experience includes the negotiation and preparation of wind energy leases, easements and other real estate transaction documents; debts and equity financings; title review and curative work; land use issues; federal, state local permits and approvals; local government and school district tax abatements; wholesale electric transaction documents and agreements, including renewable energy credit (REC) purchase agreements, REC participation agreements, interconnection agreements, transmission utility interconnection agreements; and qualified scheduling entity agreements.

Jerry also represents clients before the Public Utility Commission of Texas (PUCT) on ratemaking, rulemaking, regulatory compliance, certification, enforcement actions, customer protection and consumer rights. Jerry also represents a variety of traditional real estate investors and developers in connection with the acquisition, financing, development and disposition of commercial real estate.

• Represented the project developer on various aspects of the leasing, real estate, title, survey, development, construction, financing, state and local siting, permitting and taxation, state, local and school district tax abatements, and federal and state regulatory issues involving FERC, the PUCT and other state public utility commissions, ERCOT, and the NERC Regional Entities for the following wind farm developments:
  • 202 MW wind farm completed in 2002. 20 MW wind farm completed in 2002. 
  • 160 MW wind farm completed in 2002.
  • 124 MW wind farm completed in 2006.
  • 90 MW wind farm completed in 2007.
  • 209 MW wind farm completed in 2007.
  • 126 MW wind farm completed in 2008.
  • 114 MW wind farm completed in 2008.
  • 197 MW wind farm completed in 2008.
  • 249 MW wind farm completed in 2009.
  • 258 MW wind farm completed in 2009.
  • 200 MW wind farm completed in 2009.
  • 180 MW wind farm completed in 2009.
  • 200 MW wind farm completed in 2010.
  • 223 MW wind farm completed in 2012.
  • 150 MW wind farm completed in 2012.
  • 180 MW wind farm scheduled to commence in 2013. 
• Represented the lender in the construction loan financings for the following wind farm developments:
  • $116 million construction loan for a 120 MW wind farm completed in 2005.
  • $230 million construction loan for a 120 MW wind farm completed in 2008.
• Represented the buyer/borrower in acquisition and working capital loan for an 80 MW wind farm in Texas.
• Represented the seller in the sale of a 200 MW wind farm in Texas.
• Represented the purchaser before the PUCT in the acquisition of the third and fourth largest affiliated retail electric providers (AREPs) operating in Texas. 
• Represented various wind energy developers in major regulatory dockets before the PUCT relating to the implementation of Competitive Renewable Energy Zones (CREZ) in accordance with Public Utility Regulatory Act (PURA) Section 39.904 and Section 25.174 of the Substantive Rules of the PUCT.
• Represented various retail electric providers (REPs) relating to the creation and licensure of the REP entity, regulatory compliance and enforcement proceedings, and the preparation and negotiation of the underlying retail contracts and disclosure documents required to do business as a REP.
• Represented various parties in major regulatory dockets before the PUCT relating to the implementation of deregulation of the retail electric industry in Texas, including the stranded cost dockets of the former integrated utilities.
• Represented the seller of the largest private investor owned public water/wastewater utility in Texas for $65 million in cash and assumed debt. The representation included obtaining all necessary waivers and approvals before the Texas Commission on Environmental Quality (TCEQ).