O’Melveny Worldwide

Jeff Hoffner is co-head of O’Melveny’s Energy Industry Group. His practice focuses on advising cutting-edge companies involved in acquiring, developing, constructing, and financing energy projects—particularly renewable energy projects—throughout the United States and around the world.

He specializes in tax equity and tax credit transfer transactions, having represented many of the largest players in that space over the last decade. Jeff has also represented numerous sponsors, developers, lenders, and other investors in the industry.

Jeff also has an active practice with respect to other non-renewable energy projects as well as commercial construction projects, particularly for energy developments.

Jeff is Recommended by The Legal 500 US in the area of Energy: Renewable/Alternative Power (2017-2022, 2024) and Finance: Project Finance (2018-2019) and featured as a Notable Practitioner by IFLR1000 in the areas of Energy and Project Development (2024).

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Tax Equity Transactions

Jeff has worked on numerous tax equity transactions throughout his career. A sampling of those transactions over the last two years include:

  • Wells Fargo in connection with over $4 billion of tax equity investments with various sponsors across the country, including its approximately $880 million investment in a portfolio of 4 wind and 1 solar project with a fair market value in excess of $1.6 billion.
  • A leading financial institution in its project financing of, and preferred equity investment in, a 230 MW multi-phase solar and battery storage project in California.
  • A leading financial institution in its tax equity investment in a 432 MW solar project in Texas.
  • A leading financial institution in its hybrid tax equity investments in portfolios of solar and wind projects located in Texas, Illinois, Indiana, and South Dakota.
  • A leading financial institution in its staggered tax equity investment in multiple projects added to a single portfolio.
  • Multiple financial institutions in tax equity investments in standalone battery energy storage projects located in California pre- and post-Inflation Reduction Act.
  • A leading financial institution in its preferred equity investment in, and project financing of, a 250MW wind power project in Texas for a first time U.S. developer.
  • A leading insurance company in its first tax equity investment of up to US$100 million in a portfolio of residential solar projects under development by a leading rooftop provider.

Tax Credit Transfer Agreements

  • A leading insurance company in connection with its purchase of approximately $120 million of solar and energy storage investment tax credits.
  • A leading financial institution in connection with the purchase of approximately $200 million of solar production tax credits and investment tax credits.
  • A leading EV battery manufacturer with respect to claiming direct pay for advanced manufacturing tax credits in connection with joint venture with a U.S. car manufacturer.
  • A leading financial institution in connection with the sale of approximately $100 million of solar and energy storage investment tax credits.
  • A leading financial institution in connection with the sale of approximately $225 million production tax credits and investment tax credits in connection with a hybrid tax equity transaction of four projects across the U.S. 

Energy M&A and Other Transactions

  • A leading financial institution in creating a bespoke joint venture vehicle to acquire 100% of another financial institution’s portfolio of tax equity assets.
  • A leading financial institution on a bifurcated financing of two solar and co-located energy storage projects in California.
  • A leading financial institution on its transfer of $6 billion of investments across 44 individual transactions.
  • Entegra Power Group in the sale of a 550 MW natural gas power block and 25% interest in all related common facilities to Tucson Electric Power Company and UNS Electric, Inc.
  • Numerous financial institutions and corporations in their acquisitions and sales of tax equity investments in the secondary market.
  • Apollo Investment Corporation in connection with its commitment to provide approximately $650 million in funding for residential solar rooftop systems throughout the United States to be originated and developed by Sungevity, Inc.
  • A large South Korean conglomerate in connection with an investment in, and potential offtake from, several North American liquefied natural gas (LNG) export facilities.

Renewable Energy Development and Construction

  • CS Energy on its acquisitions and sales of projects, including development of several brownfield projects, the sale of a 310 MW portfolio of five solar projects under development in New York and the sale of an approximately 400 MW portfolio of three early-stage solar projects in Colorado.
  • OCI Energy on its acquisition, development and sale of several utility scale solar and battery projects throughout Texas.
  • Macquarie Infrastructure Company, Edison Mission Energy and other major developers of, and lenders to, renewable energy projects in the potential acquisition, development, construction and financing of over 65 utility-sized renewable energy-generation facilities throughout the United States.
  • Southern California Edison Company in connection with a master power purchase and wind project development agreement providing 1,500 MW of renewable energy.
  • Southern California Edison Company in the financing of numerous natural gas, wind, and solar energy projects from which it purchases electricity.
  • Lockheed Martin in connection with the development of offshore thermal energy conversion facilities.
  • Numerous wind energy project participants in connection with turbine supply agreements, warranty agreements and service and maintenance agreements, as well as serial defect work-outs, with most major wind-turbine manufacturers, including GE, Siemens, Vestas, Mitsubishi, Suzlon, and Clipper.
  • Numerous renewable energy projects (including wind, solar and geothermal) in connection with engineering, procurement, and construction (EPC) contracts.

Non-Energy Transactions

  • JFK Millennium Partners (JMP) in its redevelopment and long-term operation of Terminals 6 and 7 at John F. Kennedy International Airport in New York.
  • Campari America in connection with the development and construction of a distillery and bottling plant in Lawrenceburg, Kentucky.
  • HCP, Inc. in connection with the acquisition of a portfolio of 12 on-campus medical office buildings in six states pursuant to a contribution to a DownREIT entity.
  • The State of California (Department of Transportation) in the potential upgrade of several large rail infrastructure facilities throughout the state.
  • A large investor-owned utility in the potential acquisition of a publicly owned municipal utility.
  • Caesar’s in connection with the construction of a casino expansion and related facilities in Las Vegas, Nevada.
  • ValueRock Realty Partners in connection with commercial and retail shopping centers in several states.
  • Alameda Corridor Transportation Authority in connection with rail improvements in and around the Port of Los Angeles and the Port of Long Beach.
  • Fannie Mae in connection with the credit enhancement of over 25 low-income-housing bond issuances

Admissions

Bar Admissions

  • California

Education

  • Harvard University, J.D.: cum laude; Harvard Negotiation Law Review
  • Massachusetts Institute of Technology, B.S., Economics: Benenson Scholar for Studies in the Constitutional Tradition

Honors & Awards

  • Featured as a Notable Practitioner by IFLR100 in the area of Energy and Project Development (2024)
  • Named to Lawdragon 500's Leading Global Real Estate Lawyers list (2024)
  • Recommended by The Legal 500 US in the area of Energy: Renewable/Alternative Power (2017-2022, 2024) and Finance: Project Finance (2018-2019)

Professional Activities

Member

  • Energy Editorial Advisory Board Member, Law360

Speaking Engagements

  • Moderator, "Wind Energy," Energy Business Summit (October 2024)
  • Speaker, "Inflation Reduction Act," 2023 Spring Investment Forum (April 2023)