Linda Eggert Donohoe
Linda E. Donohoe’s practice focuses on advising clients in a broad range of matters in the energy industry. She has been in-house and outside counsel to multinational and domestic energy companies and has extensive experience in power generation, transmission and distribution, infrastructure project development, construction, finance, and transactions.
Linda has over 25 years of experience in handling complex infrastructure development, construction and finance; acquisition and divestitures of infrastructure projects and other assets; and other complex transactions. She is skilled in leading multidisciplinary teams and working closely with clients and their internal and external resources to achieve successful outcomes while managing legal costs.
Linda’s project development experience includes power generation facilities, gas storage facilities, transmission and distribution assets, and other infrastructure in energy and other industries. Linda has a wide range of experience in the numerous activities involved in project development, including engineering, procurement and construction contracts (EPC contracts), equipment procurement contracts, fuel supply and transportation agreements, off-take arrangements, including long-term structured transactions, asset management agreements, asset optimization agreements, operation and maintenance agreements, long-term service agreements, shared facilities agreements, joint venture agreements, joint ownership and participation agreements, interconnection agreements, tax abatement agreements, real estate option and acquisition agreements, and right-of-way agreements.
She also has significant experience in finance transactions. She has provided counsel in connection with project financings in excess of $1 billion for power generation facilities and other infrastructure projects. She has also provided counsel for numerous types of corporate financing transactions, including the private placement of pooled project bonds and a subsequent registered exchange offer for such bonds and the issuance of utility mortgage bonds. Linda has also represented the borrower/issuer in connection with the administration of financing documents.
Linda has extensive experience in business transactions, including acquisitions and divestitures, and private and public offerings of securities. These transactions have included representation of clients in energy, healthcare, manufacturing, retail, technology and other sectors.
B.B.A., University of Wisconsin-Madison
- Graduated First, Wisconsin School of Business
- Outstanding Business Student, 1985
J.D., The University of Chicago Law School
- Representation of a national energy company in a 2000 MW expansion of two power generation plants located in Texas. These facilities will be the first to utilize GE’s 7HA.02 gas turbines. Representation includes RFPs, EPC contract, major equipment procurement contracts, right-of-way acquisition and other real estate matters, tax abatements and other tax incentives, electrical interconnection, permitting, and other matters relating to the development and construction of the facilities.
- Representation of a national energy company in connection with the financing of a portfolio of 5 power generation plants in Texas with a generating capacity in excess of 3,000 MW, including a complex corporate reorganization relating to the portfolio projects to facilitate the financing.
- Representation of a national energy company in the sale of a 210 MW power generation facility located in Utah and a 550 MW power generation facility located in Texas. Each sale was conducted through an auction process. Representation included preparation of documents submitted to the bidders, establishing and maintaining the due diligence data room, reviewing and analyzing bids, drafting and negotiating the transaction documents, performing due diligence, conducting the closing, and addressing post-closing matters.
- Representation of a national energy company in the purchase of a 700 MW power generation facility located in Texas, including performing due diligence, drafting and negotiating the transaction documents, addressing resolution of a casualty loss occurring prior to closing, and addressing post-closing matters.
- Representation of the owner in the development, construction, financing, and sale of a gas storage facility in Alabama, including the asset management and optimization agreement and related collateral documents (which included optimization of the storage capacity rights through release of capacity, purchase and sale of gas, park and loan, cash to cash, cash to futures, futures for futures, hedging, swaps, puts, calls, basis swaps and other transactions), asset transfer and joint ownership agreement, construction contracts, services contracts, construction-related matters, three tranches of bridge financing, equity financing, and project financing. Upon completion of the facility, representation included the sale of the facility through an auction process and assistance with post-closing matters, including with post-closing adjustments to the purchase price, obtaining required native gas authorizations and amendments to storage rights agreements, curing title objections, and the release of funds out of escrow to the seller.
- Representation of a tax equity investor in connection with its approximately $200 million equity investment in the Spinning Spur Wind Project, a 161 MW facility in the Texas Panhandle.
- Representation of a national energy company in the development of a 195 MW dual fuel power plant in Medway, Massachusetts, including RFPs, EPC contract, major equipment procurement contracts, state tax exemptions, facility site lease and other real estate matters, shared facilities agreement, and other matters relating to the development and construction of the facility.
- Representation of developer in the development of a 500 MW coal-fired power generation facility to be located in Texas, including the acquisition of facility assets, long‑term fuel supply contract, long‑term power sales contracts, long‑term lease agreement for the facility site, shared facilities agreement, EPC contract, operation and maintenance agreement, environmental permitting, and equity and debt financing.
- Representation of the owner in the development of a 35 MW biomass power project in New York, including in connection with the procurement of major equipment, a hybrid-wrap EPC contract, participation in a RFP issued by NYPA, long-term energy and UCAP sales agreement, and the sale of renewable energy credits.
- Representation of owner in the development of a 45 MW wind generation facility in Texas, including preparation of a private placement memorandum and subscription documents for equity investors, wind leases, right of ways, EPC contract, turbine supply and operation and maintenance agreement.
- Representation of the owner in the development of a 49.9 MW geothermal power project in California, including the EPC contract, drilling and engineering services contract, and long-term power purchase agreement.
- Representation of owner in the development of a 540 MW gas-fired power generation project in Texas, including RFPs, evaluation of bid proposals, EPC contract, builder’s risk and other insurance matters, settlement of construction-related issues and disputes, declaring the facility commercial, and the owner taking over care, custody and control of the facility.
- Representation of a transmission and distribution utility in Texas in the issuance of utility mortgage bonds secured by a lien on substantially all of the utility’s assets. Representation includes issuance of several additional series of bonds under the Indenture.
- Representation of a transmission utility in Texas in the construction of 460 miles of electric transmission lines and related infrastructure, including evaluation of bid submittal documents, Master Services Contracts with several contractors, task authorizations under the Master Services Agreements for the construction of the facilities, construction-related matters, including warranty issues and settlement of construction-related disputes.
- Representation of a transmission and distribution utility in connection with its smart meter deployment, including contracts with the utility’s vendor for the supply and installation of the smart meters and the hosting and managed services for the data collection and reporting functions.
- Representation of a national energy company in connection with the development of a nuclear power generation facility to be located in Texas, including real estate acquisition and title matters, long-term water supply arrangements, permitting, and EPC contract.
- Representation of an owner of a 124 MW wind generation facility in Texas in connection with the long-term renewable energy and renewable energy credits purchase and sale agreement and other matters relating to the development of the project.
- Representation of the owner in the development of a proton therapy center located at a large medical facility in Texas, including structuring ownership and financing vehicles for the project participants, Design, Procurement and Construction contract, long-term service and maintenance agreement, long-term real property lease, vendor financing, and construction financing.
- Representation of the owner of a landfill gas gathering system and a landfill gas processing facility located in Texas in connection with refurbishment of the facilities, operation and maintenance, gas sales, pipeline quality issues, and Section 29 credits. Subsequently, represented the owner in connection with the development of a power generation facility at the landfill gas site.