Alan R. Merkle
Experience
Alan Merkle is a partner in the Energy Development practice group and former
Chairman of the Firm. He concentrates his practice primarily on energy and
infrastructure, with particular focus on project development transactions and related
matters.
Alan serves as a strategic advisor to numerous company Boards regarding targeted
growth and strategic initiatives. He regularly leads due diligence teams in mergers and
acquisitions of energy projects and companies; drafting and negotiating project
specific power generation equipment supply, operation and maintenance; and
warranty, balance of plant and EPC construction agreements. Representative clients
include developers, owners, engineers, contractors, manufacturers and suppliers,
including a large number of leading wind project developers, as well as major players
in the biofuels, ocean energy and traditional thermal and nuclear power industries.
Partner
Alan also handles complex claims, litigation, arbitration, mediation and other
Seattle, WA
alternative dispute resolution matters for a broad range of clients. In addition to his
(206) 386-7636 direct
advocacy work, he regularly serves as a neutral on Dispute Review Boards and as a
mediator and arbitrator. Prior to practicing law, Alan managed the technical and
business sides of major energy, construction, engineering, and manufacturing
(206) 386-7500 fax
alan.merkle@stoel.com
operations, including 12 years with the General Electric Company. He is a registered
Education
professional engineer in Washington, Oregon and Idaho (inactive).

Northwestern School of Law of Lewis &
Clark College, J.D. 1982, cum laude
Representative Work
Cornelius Honor Society
Wind
Certificate of Environmental and

Natural Resources Law, 1982
Associate Editor, Environmental Law
Represented one of the largest U.S. wind developers in first ever multi-year
frame turbine supply agreement with leading U.S. turbine manufacturer.

Represented Chinese company in its first wind turbine sales to the U.S.

Represented major Australian energy company in its acquisition and subsequent
disposition of a Canadian and U.S. wind development company, as well as turbine
supply and project agreements.


University of Idaho, M.B.A., 1971

University of Idaho, B.S., Mechanical
Engineering, 1969

Boise State University, A.S., Civil
Engineering, 1967
Represented major Canadian energy company in acquisition of wind turbines,
operation and maintenance and construction agreements in development of
Admissions
Canada's largest wind project.

Washington
Represented major Canadian energy company in due diligence of large U.S. wind

Oregon
development company with pipeline of several thousand megawatts of projects.


Represented one of the largest U.S. wind developers in first ever multi-year
frame turbine supply agreement with leading U.S. turbine manufacturer.
Alan R. Merkle

Represented Chinese company in its first financing of U.S. wind projects.

Represented Chinese JV financial institution in its equity commitments and project financing of U.S. renewable energy projects.

Represented European developer in acquisition and related development agreements for pipeline of wind projects in North
America.

Represented one of Europe's largest wind developers in conversion of and renegotiation of worldwide turbine supply agreements
for U.S.-based, project financeable agreements.

Represented one of the leading U.S. contractors in negotiating a series of balance of plant agreements for various developers
throughout the United States.

Negotiated the first turbine supply agreements with a new North American turbine vendor.

Represented a significant number of North America's largest wind developers in a full range of project developments for
owner/operator and build/transfer projects for several thousand megawatts of wind power.

Negotiated first of its kind stand-alone tower manufacturing contracts on behalf of U.S. project developer purchasing foreign
made turbines without towers.

Lead litigation counsel in a number of significant disputes regarding failed gearboxes, breach of contract, and warranty disputes
on behalf of project owners and developers.
Biofuels

Represented major international biofuels designer/developer in matters related to development of the largest hydrogen
manufacturing facility in North America.

Represented industry leader in development of combined biodiesel, ethanol, methane, dairy, algae integrated facility.

Represented major international developer of ethanol projects in unique biomass boiler/ethanol and fluidized bed
boiler/ethanol production facilities.

Represented the largest U.S. biodiesel refiner in matters related to the engineering and construction agreements for its
production facilities.

Represented one of leading U.S. developers of algae production for biodiesel and ancillary products in project financing and
development agreements.

Represented international JV developer of biomass facilities in strategic project development in the U.S.
Solar

Represented leading manufacturer of Stirling solar engines in negotiation of $600M supply and subsequent EPC contract.

Represented one of the world's leading solar panel manufacturers in development of new manufacturing and production
facilities in the United States.

Represented one of the leading renewable energy developers in the United States in development of a series of solar projects in
the western U.S.
Alan R. Merkle
Gas Fired Facilities

Represented two of North America's largest combined cycle project developers in development of a series of large combined
cycle projects, including negotiation of turbine and HRSG supply agreements and EPC contracts to design and construct facilities
with different contractors and equipment vendors (several thousand megawatts).

Represented major utility in designing its RFP process, as well as drafting and negotiating EPC and equipment agreements for
500-megawatt combined cycle plant.

Represented major international energy company in negotiating EPC contracts for development of 500 megawatt combined
cycle facility for third party refinery co-location.

Represented major developer in negotiation of EPC and project related agreements to develop a combined enhanced oil
recovery/combined cycle cogeneration facility.
Geothermal

Represented geothermal developers in procurement, engineering, construction and related project agreements for new
geothermal operations in California and Idaho.

Lead litigation counsel in disputes related to plant performance for two binary cycle facilities.
Pump Storage

Represented major North American developer in due diligence and project agreements for development of two pumped
storage/wind integrated projects in North America.
Electrical Storage

Represented leading U.S. developer of electrical energy storage systems.
Nuclear

Represented one of the leading developers of small scale modular nuclear power systems in negotiation of its engineering,
manufacturing, co-development and project partner agreements.

Represented major utilities in litigating claims related to large scale nuclear power projects.
Corporate Policy

Authored a comprehensive corporate contracts manual for one of the world's leading industrial process design and construction
companies. The manual guides this Europe-based company's worldwide negotiations of engineering, procurement and
construction (EPC) contracts for industrial gas manufacturing, clean coal, biofuels and other industrial projects.
Pre Law

Lead negotiator for contracts for installation of Control Rod Drive Systems and Reactor Internals for BWR facility.

Project Manager for EPC contract for turbine island for PWR facility.

Manager of hydro operations for manufacturer of large and small hydro facilities in the U.S.
Alan R. Merkle

Responsible executive for EPC contracts for combined cycle combustion turbine power facilities for North Slope of Alaska and
numerous similar projects in the interior of Alaska.

Lead Project Engineer and Start-up Engineer for numerous new construction and major outage projects for thermal power plants
from 50mw to 1100mw units.
Professional Honors and Activities

Selected as one of "America's Leading Lawyers for Business" (Nationwide) by Chambers USA (currently: Projects: Renewables &
Alternative Energy), 2013-2016

Listed in Best Lawyers in America® (currently: Construction Law, Energy Law, Litigation-Construction), 2008-2015

Listed in Washington Super Lawyers® (Construction Litigation: Business, Energy & Natural Resources, Alternative Dispute
Resolution), 2003, 2005-2016

Named one of Seattle's "Top 100 Lawyers" by Seattle Magazine

Honorary AIA and a biography in Who's Who in American Law, Who's Who in America and Who's Who in the World

Distinguished Environmental Law Graduate Award, Northwestern School of Law of Lewis & Clark College, 2014

Past Chair, Public Procurement and Private Construction Law Section, Washington State Bar Association

Past Board Member and Legal Affairs Committee Chair, Associated General Contractors of Washington

Member, Washington State Bar Association Litigation Section, Oregon State Bar Association Construction Law and Litigation
Sections, American Bar Association Public Contract Law and Litigation Sections, Federal Energy Bar Association

Board Member, Seattle Chapter, American Institute of Architects

Graduate, American Arbitration Association mediator training program

Special Assistant Attorney General, State of Washington

Special Consultant to Washington State Secretary of Transportation, State House and Senate Transportation Committee Chairs,
and CEO of Sound Transit
Presentations

Frequent speaker and writer on subjects of equipment warranties, operating and maintenance agreements, and EPC contracts
for wind, biofuels, waste to energy, thermal power, post Fukushima nuclear and related industries
Publications

Author of numerous articles and chapters on subjects of design, construction, equipment procurement, project development
and related topics.
Civic Activities

Former Mayor and Council Member, City of Mercer Island
Alan R. Merkle
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Chair, Washington Department of Transportation Expert Review Panel

President of the Board, French American Chamber of Commerce – Pacific Northwest

Former Board Member, Vice Chairman Cascade Water Alliance