Daniel Lee

Practices

Education and Clerkships

J.D., Seattle University School of Law, 2013, summa cum laude; Editor in Chief, Seattle University Law Review

B.A., Stanford University, 2008

Admissions

Texas

Washington

Profile

Daniel Lee is an associate in the Energy, Power and Natural Resources Practice Group in the Houston office of Haynes and Boone. He represents renewable energy companies, corporate offtakers, and financial institutions as well as wholesale and retail power and gas companies in a broad variety of energy transactions. Daniel has particular experience in transactions and regulatory matters involving solar and wind power and natural gas. Among other matters, Daniel has represented clients in the negotiation of the following types of agreements:

  • Solar and wind power purchase agreements (PPAs), both virtual and physical;
  • Solar and wind bank hedges and proxy generation swap transactions;
  • Acquisitions of renewable energy companies and natural gas midstream companies and assets;
  • Commercial oil and gas midstream transactions such as gathering, transportation, processing, and terminalling agreements;
  • Contracts for the purchase and sale of energy commodities and environmental attributes, including renewable energy credits (RECs) and other state law incentives;
  • Transactions supporting major infrastructure development, such as pipeline precedent agreements, capacity leases, and interconnection and operating contracts.

In addition to significant experience with EEI, ISDA, and NAESB forms, Daniel has negotiated bespoke contracts and assisted clients in preparing institutional forms tailored to organizational needs. He has also assisted power and gas companies in navigating complex energy regulatory and environmental requirements, with a particular focus on proceedings before the Federal Energy Regulatory Commission.

Selected Client Representations

  • Negotiated on behalf of a major independent power producer a long-term virtual and physical PPA for approximately 50 MW of power and related attributes from a solar photovoltaic generation facility in PJM territory.
  • Negotiated on behalf of a major independent power producer two long-term virtual PPAs for proxy generation from new wind and solar projects in ERCOT territory for a combined capacity of over 225 MW. Negotiated related firming swap to convert the purchased proxy generation profile into a round-the-clock baseload product.
  • Represented company in the acquisition of a portfolio of utility-scale solar power projects and related power purchase and real estate agreements.
  • Represented solar developer in negotiating a long-term physical PPA for approximately 65 MW of power and environmental attributes in the PJM territory.
  • Represented hedge provider in negotiation of a long-term hedge agreement for the offtake of power from a utility scale wind-generation facility to be constructed in Texas.
  • Represented hedge provider in negotiation of a long-term hedge agreement for the offtake of power from a utility scale solar-generation facility to be constructed in Texas.
  • Represented various companies in REC purchase and sale transactions in ERCOT, M-RETs and PJM-GATS.

Selected Publications and Speeches

  • “A Century of Uncertainty and the New Politics of Indian Water Settlements,” author, 92 Oregon Law Review 625, 2014.
  • “Constitutional Challenges to State Climate Change Laws,” speaker, Pub. Interest Envtl. Law Conference, 2014.
  • “Statutes of Ill Repose and Threshold Canons of Construction: A Unified Approach to Ambiguity After San Carlos Apache Tribe v. United States,” note author, 36 Seattle University Law Review 1997, 2013.
  • “Putting the Dormant Commerce Clause Back to Sleep,” co-author, 43 Envt'l Law 295, 2013.
  • “An Unreserved Attack on Reserved Water Rights: The Story of the San Carlos Apache Tribe’s Water Rights (or Lack Thereof),” co-author, 1 American Indian Law Journal 413, 2013.

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