Mike Childers | Large Headshot

J. Michael Childers

Partner
  • (404) 962-3522
Download Resume mchilders@balch.com
Education
  • University of Georgia School of Law
    J.D., 1990, cum laude
  • Auburn University
    B.S., Chemical Engineering, 1986, cum laude
Bar Admissions
  • Georgia, 1990
About Mike
Q&A
  • What types of clients do you represent?

    I represent electric utilities, independent power producers, and national retailers on a wide range of energy transactional matters. 

  • What type of matters do you work on most often?

    I represent electric utilities and independent power producers on construction and procurement contracts, PPAs, VPPAs, and LTSAs for all types of electric generation facilities, including solar (both utility-scale and distributed generation), wind, geothermal, natural gas-fired units, IGCC, biomass and fuel cells, and with respect to battery storage systems. 

    I also represent national retailers on distributed-generation projects, including rooftop solar and fuel cells, and energy storage, and with respect to PPAs and virtual PPAs (contracts for differences).

Select Matters

  • Renewable RFPs and PPAs:
    • Utility Scale Renewable RFPs and PPAs: Represented an electric utility in Georgia in multiple stages of RFPs for more than 1,000 MWs of utility-scale renewable generation (with and without storage), including preparation of form PPAs and negotiation of PPAs.
    • Geothermal PPAs: Represented an electric utility in Nevada in the preparation and negotiation of multiple PPAs for geothermal projects, including a PPA for a portfolio of geothermal projects.
    • Pro Forma PPA - Solar Plus Storage: Represented a national independent power producer with respect to the development of its form PPA for solar plus storage projects.
    • Solar Plus Storage PPA: Represented a national independent power producer with respect to the negotiation of a PPA with an offtaker for a 220MW solar facility plus 50MW storage in Georgia.
  • Capacity RFP and Pro Forma PPAs: Represented an electric utility in Georgia in an RFP for up to 3,000 MWs of capacity, including utility-scale renewable generation with storage, including preparation of form PPAs and negotiation of PPAs.
  • BTA - Solar Plus Storage: Represented an electric utility in Nevada with respect to build transfer agreements for two solar plus storage projects totaling 600 megawatts with 480 megawatts of storage, including with respect to construction agreements, module and battery supply agreements, and battery LTSAs.
  • Construction and Procurement for Utility Scale Solar: 
    • Represented electric utilities in Georgia and Alabama in the construction of utility-scale solar projects at multiple military bases, including the preparation and negotiation of turnkey EPC agreements.
    • Represented an electric utility in Georgia with respect to the preparation and negotiation of turnkey EPC agreements for multiple utility-scale solar projects.
    • Represented an independent power producer in the negotiation of the construction contract and equipment procurement contracts for a utility-scale solar project in Texas.
  • Construction and Procurement for IGCC Facility: Provided comprehensive legal support to an electric utility on all procurement and construction matters for a multibillion-dollar clean coal (IGCC) electric generating plant, including the drafting and negotiation of multiple construction contracts and the drafting and negotiation of procurement agreements for all major equipment for the gasification unit, the combined cycle unit, the chemical processing and recovery unit, the carbon dioxide capture system, the nitrogen plant, and the wastewater treatment facility for the plant.
  • Biomass Electric Generation Facility – Construction; RFP; PPAs: 
    • EPC Agreement: Represented an independent power producer with respect to a turnkey EPC agreement for a 100 MW biomass power plant in Texas.
    • RFP and PPAs: Represented an electric utility in Georgia in an RFP for 50 MWs of biomass capacity, including preparation and negotiation of PPAs.
  • Project General Counsel – Development and Construction of Electric Generation Facility: Served an electric utility in Nevada in a project general counsel role for the development of a multibillion-dollar electric generating plant project. Project legal matters included EPC contracting and major equipment procurement, permitting, water rights, rail agreements, and development agreements with city and county governments.
  • Distributed Generation RFP and PPAs: Represented an electric utility in Georgia in RFPs for 150 MWs of distributed-generation solar, including preparation of form PPAs and negotiation of PPAs.
  • Community Solar – Construction: Represented an electric utility with respect to turnkey EPC agreements for multiple community solar projects.
  • National Retailers – Rooftop Solar; VPPAs; PPAs; Fuel Cells: 
    • Rooftop Solar Program: Represented a national retailer with respect to its rooftop solar program, including the preparation of a form construction and power purchase agreement and the negotiation of such agreement with rooftop solar providers across multiple states and Puerto Rico.
    • VPPAs: Represented multiple national retailers with respect to negotiation of virtual PPAs (contracts for differences) for solar and wind facilities.
    • Solar PPA: Represented a national retailer with respect to negotiation of a PPA for a large solar project dedicated to its manufacturing facility.
    • Fuel Cells: Represented a national retailer in the negotiation of a leasing arrangement and service agreement for a fuel cell system for a large U.S. distribution center.
  • CO2 Offtake Agreements: Represented an electric utility in the drafting and negotiation of multiple carbon dioxide offtake agreements with oil companies for the carbon dioxide from a carbon capture system.
  • Fossil Fuel Electric Generation Facilities – RFP; Construction; Procurement; LTSAs: 
    • 500 MW Combined Cycle: Represented an electric utility in an RFP for the construction of a 500 MW combined-cycle gas-fired unit and the long-term service agreement for the unit, including negotiation of a turnkey EPC agreement with a consortium composed of a construction firm and an OEM and negotiation of the long-term service agreement with the OEM.
    • 500 MW Combined Cycle (International): Represented an independent power producer in the development and construction of a 500 MW combined-cycle gas-fired merchant power plant in Peru, including the preparation and negotiation of a turnkey EPC agreement with a consortium composed of an international construction firm and an international OEM, negotiation of the long-term service agreement with the OEM, and legal support in the RFP process for the EPC agreement.
    • 400 MW Turbine Purchase: Represented an electric utility in the negotiation of turbine purchase agreements for 400 MW of gas fired units.
    • LTSAs: Represented an electric utility holding company in preparing a form long-term service agreement for combustion turbines at its four utility operating company subsidiaries and in the negotiation of long-term service agreements with the OEM across multiple gas-fired units at the four operating companies.
  • Supply Chain Transactional Support: Provided comprehensive transactional support on a routine basis to the supply chain organization of an electric utility holding company, which supports four utility operating company subsidiaries and an independent power producer subsidiary, including frequent support for negotiating construction, equipment procurement, design and engineering contracts and various types of service contracts; support with contract disputes; counseling on RFP and bid issues; and other strategic advice.
  • Construction of Steel Manufacturing Facility: Represented a manufacturer in the preparation and negotiation of a turnkey EPC agreement for a large specialty steel manufacturing facility in Alabama.
 

News

    Credentials

    Education
    • University of Georgia School of Law, J.D., 1990, cum laude
    • Auburn University, B.S., Chemical Engineering, 1986, cum laude
    Bar Admissions
    • Georgia, 1990
    Professional Affiliations
    • State Bar of Georgia
    • Electric Power Supply Association, Past Chair, Environmental Committee, 2002-2003
     
    Awards & Accolades
    • The Best Lawyers in America®, Energy Law, 2024