Represented multiple electric general facilities in a regulated New Jersey Board of Public Utilities proceeding involving a large New Jersey gas company and achieved a discontinuation of alleged discriminatory rates.
Settled a regulatory proceeding in 2010 involving an increase in revenues of approximately $68 million for South Jersey Gas Company.
Settled a regulatory proceeding in 2010 involving an increase in revenues of approximately $40 million for New Jersey American Water Company.
Negotiated the first multi-party, multi-site agreement in Pennsylvania involving three major petroleum companies, the Pennsylvania Turnpike Commission and the Pennsylvania Department of Environmental Protection to remediate twenty one properties with current and former gasoline service station operations.
Defended a Fortune 100 company in U.S. EPA underground storage tank litigation involving three National Park Service locations.
Developed and managed the regulatory strategy that secured liability protection and a covenant-not-to-sue for Pennsylvania’s largest brownfield site.
Served as local counsel for a major oil and gas company in a $4.3 billion acquisition of natural gas resources primarily located in Pennsylvania’s Marcellus Shale region.
Represented a midstream pipeline company in its $150 million acquisition of another pipeline and gathering company and associated rights to construct a major natural gas pipeline through New York and Pennsylvania.
Represented Delphi Midstream Partners, LLC in its $200 million acquisition of the rights to construct and operate a 31 mile natural gas pipeline in the Marcellus Shale region in New York and Pennsylvania.
Represented a number of hedge funds providing analysis related to antitrust issues in the PBM industry.
Represented Marina Energy, a subsidiary of South Jersey Industries, in the $45 million financing for the construction and operation of an energy supply system for the Borgata Hotel Casino & Spa in Atlantic City, New Jersey.
Represented multiple electric generation facilities in a regulated
New Jersey Board of Public Utilities proceeding involving a large
New Jersey gas company and achieved a discontinuation of
alleged discriminatory rates.
Served as local counsel for a major oil and gas company in a $4.3
billion acquisition of natural gas resources primarily located in
Pennsylvania’s Marcellus Shale region.
Represented a gas exploration company in a negotiated joint
development agreement with another major oil and gas
company and a paid-up lease of 6,000 mineral acres and 2,000
surface acres in Pennsylvania for the purpose of gas
development.
Negotiated definitive agreement for the deployment of the
world’s largest privately-funded network of electric vehicle
charging infrastructure.
Represented the developers of a major thermal energy plant in
the negotiation of comprehensive energy sales agreement and
other transaction documents and the securing of project finance.
Negotiated the financing for a two megawatt solar installation on
an industrial facility in New Jersey.
Represented renowned climate scientist Dr. Michael Mann in state-court litigation American Tradition Institute v. University of Virginia and Dr. Michael Mann, Cir. Ct. Prince William Cty. Va, Civ. No. CL 11-3236 (2012) holding that correspondence of public university faculty in furtherance of research may be withheld from disclosure under the Virginia Freedom of Information Act (“FOIA”).
Represented Unimax Corporation in preventing the U.S. Environmental Protection Agency from adding the Former Macon Naval Ordnance Plant Site to the Superfund National Priorities List. Mr. Fontaine developed and submitted to the administrative record compelling technical arguments demonstrating that mercury contamination in a local stream did not originate from the site formerly owned by Unimax Corp. but was more likely derived from other local sources.
Represented Fortune 500 company in underground storage tank litigation with the U.S. Environmental Protection Agency (“EPA”) involving alleged failure to conduct monthly release detection monitoring at three retail gasoline locations. Achieved successful administrative settlement at a fraction of initial estimated penalty liability based upon technical arguments and supporting evidence demonstrating that monthly monitoring was conducted despite absence of complete records.
Represented Fortune 500 company in complete revamping of corporate environmental compliance program for facilities located throughout North America. Developed recommended principles of environmental compliance program, drafted corporate environmental policies, and structured environmental auditing program and protocols.
Represented SteelRiver Infrastructure Fund North America LP in its acquisitions of Peoples Natural Gas Company LLC (formerly Dominion Peoples) and Peoples TWP LLC (formerly T. W. Phillips Gas & Oil Company) (PA PUC Docket Nos. A-2008-2063737 & A-2010-2210326).
Represented Peoples Natural Gas Company LLC in its 2010 and 2011 General Base Rate Proceedings and 2011 and 2012 Purchased Gas Cost Proceedings (PA PUC Docket Nos. R-2010-2201702, R-2012-2285985, R-2011-2228694 & R-2012-2292082).
Represented United Water Pennsylvania Inc. in its 2009 and 2011 General Base Rate Proceedings (PA PUC Docket Nos. R-2009-2122887, R-2011-2232985).
Represented NRG Energy Center Harrisburg LLC and NRG Energy Center Pittsburgh LLC in defending against a takeover attempt by Exelon Corporation (PA PUC Docket No. A-2009-2093057).
Represented Superior Water Company Inc. in its 2008 and 2010 General Base Rate Proceedings (PA PUC Docket Nos. R-2008-2039261 & R-2010 -2191376).
Represented The Trustees of the University of Pennsylvania and the University of Pennsylvania Health System in various steam, electricity, and natural gas matters.
Represented Peoples Natural Gas Company LLC in obtaining affiliated interest agreement approvals for debt issuances and the formation of a service company (PA PUC Docket Nos. G-2010-2168478 & G-2012- 2290014).
Represented EnerPenn USA , LLC d/b/a YEP Energy in obtaining its electric generation supplier license (PA PUC Docket No. A-2011- 2248532).
Filed an amicus curiae brief for the Energy Association of Pennsylvania with the Commonwealth Court of Pennsylvania regarding a Right to Know Request to the PA Public Utility Commission by the Wall Street Journal (PA Commonwealth Court Docket No. 1381 C.D. 2011).
Represented Pennsylvania American Water Company in a dispute with a municipal authority involving service territory (Dauphin County Court of Common Pleas Docket No. 2011-CV-3629-CV).
Filed petition on behalf of Aqua Pennsylvania, Inc. to implement the PA Public Utility Commission's Statement of Policy on "Acquisitions of Viable Water and Wastewater Systems" at 52 Pa. Code § 69.721.
Represented a petroleum refiner in the negotiation of a Hurricane Sandy emergency administrative order and consent agreement with U.S. Environmental Protection Agency (“EPA”) and state/local permitting agency allowing for temporary suspension of Clean Air Act Title V permit limits on Fluid Catalytic Cracking Units to allow for increased refinery production to respond to Northeastern United States petroleum supply shortage.
Represented a biofuel refiner in waiver petition filed with the EPA demonstrating pursuant Clean Air Act §211(f) that a biofuel-gasoline blend is “substantially similar” to a prior EPA waiver and therefore does not cause or contribute to a failure of any vehicle emission control device or system.
Represented a biofuel refiner in registration of a biofuel additive with the EPA pursuant Clean Air Act §211(b). Mr. Fontaine worked with health effects consultants in developing Tier 1 and Tier 2 information on combustion, evaporative emissions, and toxicity in support of registration.
Represented a leading technology company in the negotiation of the definitive agreement to deploy the largest privately-funded network of electric vehicle charging infrastructure in the world to date.
Represented Fortune 500 company in underground storage tank litigation with the EPA involving alleged failure to conduct monthly release detection monitoring at three retail gasoline locations. Negotiated successful settlement penalty liability based upon technical arguments and supporting evidence demonstrating that monthly monitoring was conducted despite absence of complete records.
Conducted environmental due diligence and drafted a “fatal flaw” analysis of two, hotly contested biomass-fired power plants currently under development in Florida.
Advised a client on environmental due diligence associated with its bid for various generation assets of a mid-Atlantic electric generation company which ultimately sold for approximately $1.6 billion.
Represented ACR Energy Partners, a joint venture of DCO Energy, LLC and South Jersey Industries, Inc., in the construction and financing of a $160 million heating, air conditioning, and electric supply facility to service Revel, the new Atlantic City casino/hotel complex, along with others. The transaction included an energy sales agreement, a bond financing secured by leaseholder mortgages, and a pledge of the revenues from energy sales, and a net leaseof the parcels from two landlords.
Represented United Water Bethel Inc. in its 2011 General Base Rate Proceeding (PA PUC Docket No. R-2011-2270261).
Represented NRG Energy Center Pittsburgh LLC and NRG Energy Center Harrisburg LLC in their 2006, 2008, and 2013. General Base Rate Proceedings (PA PUC Docket Nos. R-20061435, R-2008-2028395 & R-2013-235026).
Represented Aqua Pennsylvania, Inc. in increasing its Distribution System Improvement Charge (DSIC) from 5% to 7.5% of billed revenues (PA PUC Docket No. R-2008-2079310) and drafted the Statement of Policy.
Represented Securus Technologies, Inc. in change of control proceedings involving equity funds (PA PUC Docket Nos. A-2011-2236803 & A-2013-2355870).