mover & shaker

New York law firm appoints another energy practice partner in Houston

Dale Smith, an energy finance and transactions attorney, has joined Willkie Farr & Gallagher LLP. Photo via Willkie.com

A law firm again expanded its Houston-based, energy-focused team.

Willkie Farr & Gallagher LLP announced that energy finance and transactions attorney Dale Smith has joined the firm as a partner in the Corporate & Financial Services Department, which will be based in the Houston office. Willkie provides legal solutions to businesses that address critical issues that affect multiple industries and markets with 13 offices worldwide.

Smith was most recently a partner at Mayer Brown, and prior to law, he worked in the electric and gas utility industry as an analyst for Entergy. He currently serves on the Institute for Energy Law Advisory Board. He will manage energy clients in a broad range of transactions from upstream, midstream, and downstream oil and gas, renewable energy, power and energy finance deals.

“Dale’s addition further expands the energy transactional platform we’ve been building in Texas and across the country with our several partner additions this past year,” Archie Fallon, managing partner of the Houston office, says in a news release.

Smith will advise both lenders and borrowers in secured and unsecured credit transactions, which includes asset-based financings, acquisition and project financings, syndicated and structured financings (including tax equity), DIP and bankruptcy exit financings, and borrowing base facilities, letter of credit facilities, working capital facilities, workouts, and restructurings. Smith will also guide clients on the development and commercialization of hydrogen and ammonia facilities, carbon capture projects, renewable power generation facilities, and hydrocarbon facilities across the value chain. This will include gathering, processing, fractionation, transportation and storage facilities.

“Willkie’s dynamic Texas platform and growing national and international energy capabilities are a great fit for my practice and I’m delighted to be a part of that growth,” Smith said in a news release. “I look forward to working with the talented attorneys here to expand our transactional offerings to best serve the needs of our clients.”

Smith is the seventh lateral partner addition to Willkie’s multi-office energy team in the past year.

Willkie recently also announced Sarah McLean as a partner in the Corporate & Financial Services Department and Private Equity practice at the Houston office. McLean’s practice will focus on private equity transactions. Mostly the transactions will be acting for sponsors in making portfolio investments,exiting their investments, and growing their platform companies. McLean was a joint head of the US Energy industry group at Shearman & Sterling prior to Willkie Farr & Gallagher, and her experience in the energy sector includes 20 years.

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A View From HETI

The project would nearly eliminate the emissions associated with power and steam generation at the Dow plant in Seadrift, Texas. Getty Images

Dow, a major producer of chemicals and plastics, wants to use next-generation nuclear reactors for clean power and steam at a Texas manufacturing complex instead of natural gas.

Dow's subsidiary, Long Mott Energy, applied Monday to the U.S. Nuclear Regulatory Commission for a construction permit. It said the project with X-energy, an advanced nuclear reactor and fuel company, would nearly eliminate the emissions associated with power and steam generation at its plant in Seadrift, Texas, avoiding roughly 500,000 metric tons of planet-warming greenhouse gas emissions annually.

If built and operated as planned, it would be the first U.S. commercial advanced nuclear power plant for an industrial site, according to the NRC.

For many, nuclear power is emerging as an answer to meet a soaring demand for electricity nationwide, driven by the expansion of data centers and artificial intelligence, manufacturing and electrification, and to stave off the worst effects of a warming planet. However, there are safety and security concerns, the Union of Concerned Scientists cautions. The question of how to store hazardous nuclear waste in the U.S. is unresolved, too.

Dow wants four of X-energy's advanced small modular reactors, the Xe-100. Combined, those could supply up to 320 megawatts of electricity or 800 megawatts of thermal power. X-energy CEO J. Clay Sell said the project would demonstrate how new nuclear technology can meet the massive growth in electricity demand.

The Seadrift manufacturing complex, at about 4,700 acres, has eight production plants owned by Dow and one owned by Braskem. There, Dow makes plastics for a variety of uses including food and beverage packaging and wire and cable insulation, as well as glycols for antifreeze, polyester fabrics and bottles, and oxide derivatives for health and beauty products.

Edward Stones, the business vice president of energy and climate at Dow, said submitting the permit application is an important next step in expanding access to safe, clean, reliable, cost-competitive nuclear energy in the United States. The project is supported by the Department of Energy’s Advanced Reactor Demonstration Program.

The NRC expects the review to take three years or less. If a permit is issued, construction could begin at the end of this decade, so the reactors would be ready early in the 2030s, as the natural gas-fired equipment is retired.

A total of four applicants have asked the NRC for construction permits for advanced nuclear reactors. The NRC issued a permit to Abilene Christian University for a research reactor and to Kairos Power for one reactor and two reactor test versions of that company's design. It's reviewing an application by Bill Gates and his energy company, TerraPower, to build an advanced reactor in Wyoming.

X-energy is also collaborating with Amazon to bring more than 5 gigawatts of new nuclear power projects online across the United States by 2039, beginning in Washington state. Amazon and other tech giants have committed to using renewable energy to meet the surging demand from data centers and artificial intelligence and address climate change.

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