John W.V. Schwartzenburg
Senior Counsel, Austin
Practice Areas
Experience
- Construction Litigation
- Electric Power
- International
- International Transactions
- Permitting
- Pipeline & Midstream
- Renewable Energy
Biography
John has assisted clients engaged in almost all aspects of the development, ownership, financing, construction, operation and purchase and sale of infrastructure projects, businesses and equipment around the world and across the country. He focuses on energy projects like conventional and renewable power plants, pipelines, upstream and mid-stream oil & gas build-outs and has experience with other infrastructure related businesses and activities.
John brings a well-rounded perspective to his representation and advice to clients, drawing from a career that has been balanced between positions at law firms and in house, representing developers and owners of assets, construction companies, major equipment suppliers and operations and maintenance contractors, buyers and sellers of companies and assets, and experience in the United States and overseas on extended travel and posting abroad.
Education
B.A., Louisiana State University
J.D., cum laude, Tulane University Law School
Bar Admissions
Texas
Louisiana
John has experience across the project life cycle, beginning with initial letters of intent and memoranda of understanding among various project participants, continuing through the development, construction, financing, and operation phases, including the purchase and sale of companies, facilities and assets, decommissioning and scrapping of projects and reclamation, repurposing and sale of project sites. Examples include:
Oil, Gas and Pipelines:
- Representing a publically traded spin-off of a large pipeline company in connection with the development, construction and operation of midstream gathering systems, including related joint venture agreements, in the Eagle Ford, Utica, and Marcellus Shale regions.
- Representing an independent gas gathering, transportation and marketing company in connection with agreements for the construction and operation of systems and assets located in the Eagle Ford Shale.
- Representing an independent owner, developer and operator of gas gathering systems and interstate oil & gas pipelines in connection with the development, construction and operation of gathering systems, storage facilities, and oil & gas pipeline assets in Colorado, Oklahoma, and Kansas.
- Representing a United States based pipeline company in connection with the development of a potential new cross border gas pipeline into Mexico.
- Representing shippers and transporters in connection with the negotiation of various gathering, transportation, storage and transloading agreements in the Eagle Ford, Marcellus, and other regions.
- Representing a significant and growing independent E&P company in the development of a terminal and transloading facility in the Marcellus Shale region and interconnect, construction and related agreements in the Eagle Ford Shale, Marcellus Shale, and other regions.
- Representing an independent offshore E&P company in establishing and updating a suite of form master services agreements, consulting contracts and other services agreements and negotiating agreements with a wide variety of service providers.
- Representing a manufacturer and erector of oil field housing and other support facilities for oil field development in Africa.
- Representing various E&P and oil service companies in the negotiation and documentation of concessions and joint ventures in oil & gas and related sectors in Russia, Azerbaijan, Kazakhstan, and other areas in the Former Soviet Union.
- Representing a pipeline construction company in the negotiation and documentation of contracts for the construction of several interstate pipelines in the Northeastern, Southeastern, Midwestern and Southwestern United States.
Power Projects:
- Representing the majority owner of a large LPG-fired power plant in the Republic of Ghana with respect to the overall development, construction, and financing of the project, including the fuel supply, shared infrastructure, joint development, shareholder, construction, operations and maintenance, long term service, and financing agreements for the project.
- Representing landowners in the negotiation of solar leases to the developer of a solar power facility in Texas.
- Representing a servicer, remanufacturer, constructor and operator of gas power equipment in its development of several gas-fired peaker plants in Texas.
- Representing a major national generation company in connection with engineering, procurement and construction contracts and major equipment purchase agreements for new-build power plants in Texas and New England.
- Representing power plant owners in negotiation of multiple long-term tolling agreements for generation assets located in Southeastern and Southwestern United States.
- Representing the co-developer of a power generation project in connection with the negotiation and documentation of joint venture arrangements, power off-take agreements, contracts for differences, fuel supply and site use agreements and other project agreements related to a multi-fuel peaking facility in the Northeastern United States.
- Representing the asset manager for a large private equity fund in negotiating and documenting turnkey contracts for the upgrading of an existing gas fired power plant in the Southeastern United States and the potential addition of a new combined cycle power plant on an existing site in the same region.
- Representing owners of various independent power plants in the development of suites of standardized master services agreements, purchase orders, specialty service agreements, and other agreements and in negotiations with service providers.
- Representing power generation plant owners and operations and maintenance contractors in the negotiation and documentation of operations and maintenance contracts for power plants located across the United States.
- Advising a power development company in preparation of multiple bids for tolling agreements for power plants located in Southeastern United States.
- Managing defense of litigation for a major equipment manufacturer and achieving mediated settlement of warranty and similar claims arising from an equipment failure at a large refinery in the Northeastern United States.
- Managing defense of litigation for a major power construction company and achieving negotiated settlement of claims of subcontractor arising from the construction of a power plant in Puerto Rico.
- Negotiating early, pre-discovery settlement for a construction contractor of litigation brought by landowner regarding allegations of damage to adjacent property.
- Leading legal efforts in India with respect to developing, structuring, and project financing Phase II of Enron’s 2450 MW Dabhol Power Project and related LNG import/regasification terminal.
- Representing project developers in connection with proposed power plant development, financing and acquisition projects in Pakistan, Croatia, Bangladesh and Philippines.
M&A Related Activities:
- Representing a mid-size manufacturer of oil field equipment in negotiations for a potential sale of the company.
- Representing a large independent provider of power plant construction, O&M services and gas turbine repair/overhaul services in connection with an approximate $100 million recapitalization transaction.
- Representing management in the buy-out of a domestic pipeline construction subsidiary of a publicly traded multinational engineering, project management and construction company.
- Representing a buyer in the acquisition of interests in and refinancing of several corporate aircraft.
- Representing a closely held investment company in the acquisition of a fabrication business located in Texas.
- Representing investors acquiring a minority stake in and providing debt financing to a seller of packaged directional drilling surface and downhole tools, equipment and related supplies.
- Representing a closely held investment company in the acquisition of an engineering services company in Minnesota.
Project Decommissioning, Site Reclamation, Other:
- Representing the owners of obsolete coal and gas fired power plants in connection with the scrapping and sale of the facilities and equipment and reclamation of the project sites.
- Representing the owner in the negotiation and documentation of the owner-financed sale of the sites and assets of retired gas power plants.
- Representing a large power developer in connection with the negotiation and documentation of a comprehensive agreement regarding the redevelopment of an existing power site in the Western United States to include alternative energy and other uses.
- Representing a publicly traded electrical engineering and construction contractor with respect to the sale of surplus power generation equipment.
- Representing the owner of a new-build office tower in the negotiation and documentation of chilled water delivery agreement.
- Representing a publicly traded diversified construction company in connection with contracts for engineering and construction of a number of projects for various commercial and government clientele in the United States and abroad, including detailed analysis of FAR/DAR/VAAR and similar government procurement regulations and contracts.
- Marine Corps Association Foundation
- Phi Beta Kappa
John devoted a substantial amount of his time between 2015 and 2018 working overseas to assist Endeavor Energy Holdings with the development, construction and financing of its Bridge Power Project in the Republic of Ghana. John moved his primary office from Houston to Austin in 2018 and is currently assisting clients involved in the development, construction, financing and operation of conventional and renewable power projects, oil and gas gathering, transportation, processing, and storage facilities in the oil & gas midstream sectors, and other infrastructure and related businesses.
Practice Experience
John has experience across the project life cycle, beginning with initial letters of intent and memoranda of understanding among various project participants, continuing through the development, construction, financing, and operation phases, including the purchase and sale of companies, facilities and assets, decommissioning and scrapping of projects and reclamation, repurposing and sale of project sites. Examples include:
Oil, Gas and Pipelines:
- Representing a publically traded spin-off of a large pipeline company in connection with the development, construction and operation of midstream gathering systems, including related joint venture agreements, in the Eagle Ford, Utica, and Marcellus Shale regions.
- Representing an independent gas gathering, transportation and marketing company in connection with agreements for the construction and operation of systems and assets located in the Eagle Ford Shale.
- Representing an independent owner, developer and operator of gas gathering systems and interstate oil & gas pipelines in connection with the development, construction and operation of gathering systems, storage facilities, and oil & gas pipeline assets in Colorado, Oklahoma, and Kansas.
- Representing a United States based pipeline company in connection with the development of a potential new cross border gas pipeline into Mexico.
- Representing shippers and transporters in connection with the negotiation of various gathering, transportation, storage and transloading agreements in the Eagle Ford, Marcellus, and other regions.
- Representing a significant and growing independent E&P company in the development of a terminal and transloading facility in the Marcellus Shale region and interconnect, construction and related agreements in the Eagle Ford Shale, Marcellus Shale, and other regions.
- Representing an independent offshore E&P company in establishing and updating a suite of form master services agreements, consulting contracts and other services agreements and negotiating agreements with a wide variety of service providers.
- Representing a manufacturer and erector of oil field housing and other support facilities for oil field development in Africa.
- Representing various E&P and oil service companies in the negotiation and documentation of concessions and joint ventures in oil & gas and related sectors in Russia, Azerbaijan, Kazakhstan, and other areas in the Former Soviet Union.
- Representing a pipeline construction company in the negotiation and documentation of contracts for the construction of several interstate pipelines in the Northeastern, Southeastern, Midwestern and Southwestern United States.
Power Projects:
- Representing the majority owner of a large LPG-fired power plant in the Republic of Ghana with respect to the overall development, construction, and financing of the project, including the fuel supply, shared infrastructure, joint development, shareholder, construction, operations and maintenance, long term service, and financing agreements for the project.
- Representing landowners in the negotiation of solar leases to the developer of a solar power facility in Texas.
- Representing a servicer, remanufacturer, constructor and operator of gas power equipment in its development of several gas-fired peaker plants in Texas.
- Representing a major national generation company in connection with engineering, procurement and construction contracts and major equipment purchase agreements for new-build power plants in Texas and New England.
- Representing power plant owners in negotiation of multiple long-term tolling agreements for generation assets located in Southeastern and Southwestern United States.
- Representing the co-developer of a power generation project in connection with the negotiation and documentation of joint venture arrangements, power off-take agreements, contracts for differences, fuel supply and site use agreements and other project agreements related to a multi-fuel peaking facility in the Northeastern United States.
- Representing the asset manager for a large private equity fund in negotiating and documenting turnkey contracts for the upgrading of an existing gas fired power plant in the Southeastern United States and the potential addition of a new combined cycle power plant on an existing site in the same region.
- Representing owners of various independent power plants in the development of suites of standardized master services agreements, purchase orders, specialty service agreements, and other agreements and in negotiations with service providers.
- Representing power generation plant owners and operations and maintenance contractors in the negotiation and documentation of operations and maintenance contracts for power plants located across the United States.
- Advising a power development company in preparation of multiple bids for tolling agreements for power plants located in Southeastern United States.
- Managing defense of litigation for a major equipment manufacturer and achieving mediated settlement of warranty and similar claims arising from an equipment failure at a large refinery in the Northeastern United States.
- Managing defense of litigation for a major power construction company and achieving negotiated settlement of claims of subcontractor arising from the construction of a power plant in Puerto Rico.
- Negotiating early, pre-discovery settlement for a construction contractor of litigation brought by landowner regarding allegations of damage to adjacent property.
- Leading legal efforts in India with respect to developing, structuring, and project financing Phase II of Enron’s 2450 MW Dabhol Power Project and related LNG import/regasification terminal.
- Representing project developers in connection with proposed power plant development, financing and acquisition projects in Pakistan, Croatia, Bangladesh and Philippines.
M&A Related Activities:
- Representing a mid-size manufacturer of oil field equipment in negotiations for a potential sale of the company.
- Representing a large independent provider of power plant construction, O&M services and gas turbine repair/overhaul services in connection with an approximate $100 million recapitalization transaction.
- Representing management in the buy-out of a domestic pipeline construction subsidiary of a publicly traded multinational engineering, project management and construction company.
- Representing a buyer in the acquisition of interests in and refinancing of several corporate aircraft.
- Representing a closely held investment company in the acquisition of a fabrication business located in Texas.
- Representing investors acquiring a minority stake in and providing debt financing to a seller of packaged directional drilling surface and downhole tools, equipment and related supplies.
- Representing a closely held investment company in the acquisition of an engineering services company in Minnesota.
Project Decommissioning, Site Reclamation, Other:
- Representing the owners of obsolete coal and gas fired power plants in connection with the scrapping and sale of the facilities and equipment and reclamation of the project sites.
- Representing the owner in the negotiation and documentation of the owner-financed sale of the sites and assets of retired gas power plants.
- Representing a large power developer in connection with the negotiation and documentation of a comprehensive agreement regarding the redevelopment of an existing power site in the Western United States to include alternative energy and other uses.
- Representing a publicly traded electrical engineering and construction contractor with respect to the sale of surplus power generation equipment.
- Representing the owner of a new-build office tower in the negotiation and documentation of chilled water delivery agreement.
- Representing a publicly traded diversified construction company in connection with contracts for engineering and construction of a number of projects for various commercial and government clientele in the United States and abroad, including detailed analysis of FAR/DAR/VAAR and similar government procurement regulations and contracts.
Community Involvement
- Marine Corps Association Foundation
- Phi Beta Kappa
Career Highlights
John devoted a substantial amount of his time between 2015 and 2018 working overseas to assist Endeavor Energy Holdings with the development, construction and financing of its Bridge Power Project in the Republic of Ghana. John moved his primary office from Houston to Austin in 2018 and is currently assisting clients involved in the development, construction, financing and operation of conventional and renewable power projects, oil and gas gathering, transportation, processing, and storage facilities in the oil & gas midstream sectors, and other infrastructure and related businesses.