Kingsley Osei

Experienced energy and infrastructure lawyer with significant experience in the acquisition, development, financing, and operation of renewable energy infrastructure projects. Possess experiential, and intuitive knowledge coupled with a deep understanding of the workings of both regulated, unregulated and hybrid power markets, and how their structures can be optimized to conceptualize, develop, and operate renewable energy projects. Practice focuses on the aggregation, procurement, contracting, acquisition of renewable energy project pipelines, wholesale market regulatory risks analysis, and corporate/project financing by single or consortia led load serving entities (corporate and industrial) transitioning from conventional to renewable energy sources through the third party financed physical, sleeved, or virtual (i.e., unit contingent, financially settled, fixed for floating power contracts) power purchase agreements.

• Bar Admission: State of New York and the Republic of Ghana
• Member, American Bar Association
• Member, National Association for College and University Attorneys
• Member, National Council for Public Private Partnerships
• Lecturer, International Law Institute, Washington, DC
• Board Member, St. Anne’s Foundation in Albany, New York
• Mentor, Mandela Washington Fellowship Mentoring Program
• Member, State University of New York Global Health Institute
• Member, Advisory Council, College of St. Rose Huether Business School, Albany, NY

• Currently advising a consortium of twenty-one institutions procuring the offtake of renewable energy from a 300MW PV Project (with 20MW Storage) through unit contingent, financially settled, fixed for floating contracts for differences power purchase agreements (PPAs).
• Successfully represented offtakers in six multiple-sited 2.5 MW utility scale Solar projects PPAs across New York State.
• Led select New York agencies, NYPA, and City of New York in modifying the New York State System Interconnection Rules and Standard Contract to accommodate distributed energy resources projects interconnection with power utilities.
• Diligently closed more than 1000MW EPC Contracts in hydro dam re-optimization and re-operation project and combined cycle thermal power plants.
• Effectively resolved a $100M EPC contract price escalation dispute between project owner and prime contractor in project delay price increase attributed to the project site "change conditions" and owner's delays.
• Structured the procurement process and negotiated PPA extension, EPC, LTSA, and real estate for SUNY Brook Cogeneration electric power plant.
• In the past five years successfully advised on more than $1.5B in debt financings for infrastructure projects.

• New York State Workers Compensation Board, New York, NY | Senor Counsel and Mediator (2005 to 2006)
• Khan Gordon Timko & Rodriquez, New York, NY | Civil Litigation Associate (2001 to 2005)
• Volta River Authority, Ghana | Legal Counsel, Wholesale Electric Power Generation (1995 to 2000)

• Negotiating Commercial Terms and Mitigating Risks in Virtual Power Purchase Agreements in The United States, International In-house Counsel Journal Vol.13, No. 53, Autumn 2020, 1;
• Mitigating Risks of Privately Financed Power Projects in Sub-Sahara Africa, International In-house Counsel Journal, Vol.11, No. 43, Spring 2018, 1;
• Monetizing Tax Credits for Investing In Renewable Energy Projects, New York State, Vol. 165. Number 15, 2013 of New York Law Journal;
• How Universities Can Successfully Procure and Mitigate Risks of Third Party Financed Large-Scale Renewable Energy Projects, NACUA NOTE, July 31, 2019, | Vol. 17 No. 9;
• Structuring Commercial Solar Power Projects in the Public Sector, Vol. 254. Number 6, 2015 of New York Law Journal;
• How To Structure Public Private Partnership for Infrastructure Projects in New York State, Vol. 251. Number 23, 2014 of New York Law Journal;
• The Best of Both Worlds: Reciprocal Preference and Punitive Retaliation in Public Contracts, Vol. 40, Number 3, 2011 Spring Edition of the American Bar Association Public Contracts Law Journal;
• Exploring Policy Alternatives To Excluding State-Owned Enterprises (SOEs) Participation in Millennium Challenge Corporation Contracts in Africa, Vol. 6, Number 22, Winter, 2013 Edition of the International In-House Counsel Journal;
• World Bank Benchmarking Public Procurement 2015, Pilot Report Assessing Public Procurement Systems in 10 Economies-Contributor.