Kyle J. Hayes

Special Counsel

kyle.hayes@bakerbotts.com

New York

P: +1.212.408.2586
F: +1.212.259.2586
Kyle Hayes

Kyle Hayes has diverse experience representing market leading clients in all phases of renewable energy project development, M&A as well as preferred equity and tax equity financing, particularly in the sphere of solar, wind, battery storage, renewable fuels and carbon capture facilities. As a practitioner, Mr. Hayes brings a unique skill set and perspective to the energy industry, having previously worked as both a regulator and utility in-house counsel over the course of a decade. His client base principally consists of private equity firms, renewable project developers, investor-owned utilities, corporate offtakers and other domestic/foreign investors in the renewables space.

Prior to entering private practice, Mr. Hayes served as in-house counsel to one of the largest investor-owned utilities in the U.S., where he handled various regulatory and commercial matters with respect to both wholesale and retail energy markets. Mr. Hayes began his legal career at the Federal Energy Regulatory Commission.

Mr. Hayes currently serves as a member of Dynamo Energy Hub's Board of Advisors.

Related Experience

Project Finance and M&A

  • Representing a leading private equity firm in the acquisition of a large-scale developer of landfill gas to RNG projects.
  • Represented a private equity firm in the acquisition of a utility-scale solar developer, inclusive of a platform of approximately 30 projects located in PJM.
  • Represent a private equity firm in the acquisition of 2 New England-based community solar projects.
  • Represented a preferred equity investor in the development and financing of an animal waste-to-RNG production facility located in Maryland.
  • Represented the sponsor in the development of a carbon capture facility adjacent to a coal-fired power plant as part of a Section 45Q tax equity transaction.
  • Represented a foreign investment bank in their acquisition of preferred equity interests in the sponsor owner of two carbon capture facilities connected to ethanol production facilities in Texas as part of a Section 45Q tax equity transaction.
  • Represented an Israeli solar developer in the acquisition of a portfolio of utility-scale solar projects located in PJM and subsequent partnership-flip tax equity transaction for the same portfolio.
  • Represented a midwestern U.S. utility company in the acquisition of a ~200 MW wind-powered generation facility located in Kansas.
  • Represented a midwestern U.S. utility in the acquisition of a ~10 MW solar-powered generation facility located in Wisconsin.
  • Represented a New York-based private equity firm in the acquisition of two New York retail electric suppliers.
  • Represented a major U.S. electric cooperative in the acquisition of a combined-cycle, gas-fired power plant.

Project Development and Commodity-Related Agreements

  • Represent a Fortune 100 retailer in the negotiation of several C&I PPAs for rooftop solar assets.
  • Represent a Fortune 100 retailer in the negotiation of relevant agreements for the installation of electric vehicle charging stations on store premises.
  • Represent an investor-owned utility in the procurement of several stand-alone battery storage systems for peak-shaving purposes.
  • Represent a portfolio company of a Spanish energy conglomerate in the purchase of Tier 1 solar modules for various utility-scale projects in the U.S.
  • Represented a utility-scale solar developer in the negotiation of several key project agreements for an ERCOT-based project (e.g., PPA, O&M, Construction Management Agreement, EPC).
  • Represent a Fortune 100 company in the purchase of rooftop solar energy for several of its East Coast store locations.
  • Represented a joint venture of Macquarie Capital and Core Solar in a solar power purchase agreement with Occidental Petroleum for an ERCOT-based utility scale solar asset.
  • Represented various commodity trading institutions and investor-owned utilities in the development and negotiation of biogas (landfill, dairy, food waste feedstock) purchase and sale and interconnection agreements.
  • Represent a foreign investment bank and its solar development portfolio company in the procurement of battery storage facilities, solar modules, trackers and other component parts in connection with the development of several utility-scale solar projects.
  • Represent a New York-based retail supplier in the sale of bundled energy and RECs to a major C&I purchaser for purposes of compliance with NYC Local Law 97.
  • Represent a foreign investment bank in power purchase agreements with two Texas-based energy marketers for an ERCOT-based utility scale solar asset.
  • Represent a private-equity backed portfolio company in the development of a marine terminal in New Jersey for purposes of distributing liquid petroleum gases (e.g., propane/butane) to ocean-going vessels.
  • Represented a major renewable fuel producer in the development and negotiation of an agreement for the sale of renewable jet fuel to a major airline at a San Francisco International Airport.

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