Thomas Penland Headshot

Thomas L. Penland, Jr.

Partner
  • (404) 962-3550
Download Resume tpenland@balch.com
Education
  • The George Washington University Law School
    J.D., 1993
  • Georgia Institute of Technology
    B.I.E. , 1982
Bar Admissions
  • Georgia, 1993
About Thomas
Tom adds significant value to every transaction by applying his deep understanding of the wholesale energy markets, the electric generation and transmission systems of North America, and the day-to-day financing, construction, and operational issues affecting major energy project developers and market participants. He is a problem solver, crafting creative and practical solutions to get the transaction completed and approved.
Q&A
  • What types of clients do you represent?

    I represent a varied and diverse group of clients within the energy sector, including electric utilities, independent power producers, energy marketers, renewable energy developers, transmission providers, and large commercial energy users on commercial energy transactions as well state and federal regulatory matters.

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

    Most frequently I represent both purchasers and sellers in traditional power purchase agreements (requirements service, unit contingent service, system sales, tolling sales, fixed and variable capacity and energy sales), renewable energy purchase agreements, and fixed-for-floating energy swap agreements. In addition, I represent both purchasers and sellers in energy-related asset purchase and sale agreements. Regardless of the commercial transaction structure, I negotiate the transaction and obtain any regulatory approvals required. Understanding my client’s business and the regulatory requirements applicable to these transactions facilitates an efficient and effective transaction structure and process.

  • What previous experiences, prior to your work at Balch, influence your practice?
  • What do you see on the horizon in your area of practice?

Select Matters

  • Transactional and regulatory: Counsel to electric utility operating companies for numerous wholesale requirements service supply arrangements with distribution electric membership cooperatives and municipal electric purchasers in the Southeast.
  • Transactional and regulatory: Counsel to electric utility operating companies for numerous wholesale power supply agreements reflecting unit contingent sales, system sales, tolling sales, and fixed and variable capacity and energy sales.
  • Transactional and regulatory: Counsel to electric utility operating company for numerous competitive RFP processes and bid awards with retail load serving electric utility purchasers seeking power purchase arrangements for serving retail load.
  • Regulatory and project development: Counsel to electric utility operating companies for the development of several natural gas-fired simple-cycle and combined-cycle power plant projects in the Southeast.
  • Transactional and regulatory: Counsel to electric utility operating company for the sale of ownership interests in an oil-fired combustion turbine generating facility in the Southeast.
  • Transactional and regulatory: Counsel to transmission-owning electric utility operating company for transmission-owner participant funding issues, transmission investment allocation issues, and a variety of joint participant issues associated with system expansion planning, use, and grid performance improvements.
  • Transactional and regulatory: Counsel to transmission-owning electric utility company affiliates for FERC-approved open access transmission tariff, transmission facility agreements, generation interconnection agreements, transmission service agreements and generator balancing service agreements, transmission asset purchase and sale agreements.
  • Transactional and regulatory: Counsel to home improvement retailer for project development, operation, maintenance and energy purchase agreements, and associated production guarantee and credit support agreements, for third-party roof-top solar (photovoltaic) project developers for retail store locations throughout the U.S.
  • Transactional and regulatory: Counsel to home improvement retailer for project development, operation, maintenance and energy purchase agreements, and associated production guarantee and credit support agreements, for third-party fuel cell installations at retail store locations throughout the U.S.
  • Transactional and regulatory: Counsel to large commercial customers for the purchase of renewable energy from large-scale wind and solar energy projects in the U.S. through innovative contract for differences structure.  

News

    Credentials

    Education
    • The George Washington University Law School, J.D., 1993
    • Georgia Institute of Technology, B.I.E. , 1982
    Bar Admissions
    • Georgia, 1993
    Professional Affiliations
    • Energy Bar Association
    Awards & Accolades
    • The Best Lawyers in America®, Energy Law, 2007 - present
    • Chambers USA, Energy
    Community Involvement
    • Metro Atlanta Chamber of Commerce, Board of Advisors

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