Statement of Experience & Qualifications

I. INTRODUCTION

A. The law firm of Nogee & Wartel provides counseling and legal representation for businesses and individuals with emphasis in the areas of domestic and international commercial transactions including: joint ventures; contract preparation and negotiation; engineering, construction and environmental law; licensing and technology transfers; and dispute resolution.

B. As part of our work in the engineering and construction area, Nogee & Wartel has provided legal and consulting services for a wide variety of cogeneration and alternate energy (i.e., non-utility) power projects. An illustrative list of projects follows in Section III below.


II. FIRM BACKGROUND AND PROFESSIONAL AFFILIATIONS

A. Prior to the founding of Nogee & Wartel, Mr. Nogee was a member of the Wall Street law firm of Brauner Baron Rosenzweig Kligler Sparber Bauman & Klein. He also was associated with the New York firm of Hale Russell & Gray and was in-house counsel for one of the largest engineering and construction firms in the world.

B. Mr. Nogee graduated cum laude from Bucknell University and is a member of Phi Beta Kappa and Pi Sigma Alpha. He holds a Juris Doctor from the Boston University School of Law. His writings have appeared in a number of publications including "Forbes", "Engineering News Record" and "Contractor Profit News" on topics such as international trade, countertrade and contracting practices. He also is the co-author of a private study on conventional arms transfers for the U.S. Arms Control and Disarmament Agency.

C. Mr. Nogee is a member of the International Platform Association and provides lectures to various institutions and at seminars around the country. A biographical sketch also appears in Who's Who in the World, Who's Who in American Law, Who's Who in Finance and Industry, Who's Who in the East, Who's Who of Emerging Leaders in America, and Men of Achievement.

D. Professional affiliations include:
      1. New York New Media Association
      2. Independent Power Producers of New York
      3. Association of Professionals Involved with Non-Utility Power Generation
      4. American Arbitration Association
      5. American Bar Association Construction Industry Forum; Natural
          Resources, Energy and Environmental Law Committee; International Law
          Committee
      6. Association of the Bar of the City of New York Nuclear Law and
          Technology Committee [1984-1987]
      7. Nassau County Bar Association Construction, International and
          Environmental Law Committees


III. COGENERATION AND FLUIDIZED BED PROJECTS

Representation of clients involved in the following projects, including advice and assistance in all aspects of contract drafting and negotiation, project structure, financing and dispute resolution.

A.600 MW Natural Gas Fired Cogeneration Plant in Linden, New Jersey

B.126 MW Combined Cycle Cogeneration Plant in Camden, New Jersey

C.62 MW Combined Cycle Cogeneration Plant in Buffalo, New York

D.49 MW Gas Turbine STIG Plant in Oxnard, California

E.28 MW Combined Cycle Cogeneration Plant in Kenilworth, New Jersey

F.210 MW Gas Fired Cogeneration Plant in West Deptford, New Jersey

G.45 MW Gas Fired Cogeneration Plant in Long Island, New York

H.60 MW Combined Cycle Cogeneration Plant in Pawtucket, Rhode Island

I.160 MW Gas Fired Cogeneration Plant in La Porte, Texas (utility Owner)

J.300 MW Fluidized Bed Coal Fired Cogeneration Plant in Halfmoon, New York

K.Pressurized Fluidized Bed pilot project in Tidd, Ohio

L.900 tpd mass burn waste-to-energy cogeneration project in Long Island, New York

M.1 MW institutional gas fired cogeneration project in Long Island, New York

N.1,000 MW Gas Fired Cogeneration Project in Oswego, New York

O.29.5 MW Waste Wood Fired Cogeneration Plant in Fairview, Tennessee

P.135 MW Gas Fired Cogeneration Project in Yonkers, New York

Q.2x25 MW Waste Biomass Fired Cogeneration Plant in Fulton, Mississippi

R. General counsel, advice and assistance in connection with bids on or evaluation or financing of numerous other gas, coal, biomass and waste-to-energy projects in the United States, as well as hydroelectric and utility owned projects


IV. INTERNATIONAL PROJECTS

The following is a sample of power projects and financings outside of the United States on which we have provided counsel, advice and assistance:

A.2 x 600 MW Coal Fired Project in the People's Republic of China

B. Hydroelectric and cogeneration projects in Pakistan

C. Nuclear projects in Mexico, Argentina and Korea

D.200 MW Gas Fired Cogeneration Project in England

E. US$1.5 million Russian bank loan for in country joint venture resource recovery/recycling project

F. General counsel, advice and assistance in connection with bids on or evaluation or financing of numerous other gas, coal, hydroelectric and waste-to-energy projects in the Far East
 

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