Ram Sunkara
Ram Sunkara is an attorney in Holland & Knight's Houston and Atlanta offices. Mr. Sunkara has an industry-leading multidisciplinary practice advising clients on complex mergers and acquisitions (M&A) (buy- and sell-side processes), joint ventures, tax equity and project finance transactions, project development, build-own-transfer and construction matters, as well as structured commodity hedge transactions across the electric energy, oil and gas, transmission and storage, carbon capture and sequestration, mining and metals, timber, chemicals and natural resources industries.
Mr. Sunkara has one of the market's leading data center, power and utility practices in the country, having represented some of the largest hyperscalers in the world in negotiating "first-of-their-kind" energy procurement arrangements for high-power factor, high-peak load data centers. For example, Mr. Sunkara represented a leading hyperscaler in negotiating the very first large-load, high-power green tariffs (sourcing 100 percent renewable energy) in states such as New Mexico and Utah with incumbent utilities.
Mr. Sunkara has also represented developers and sponsors in developing, constructing and financing many of the largest hyperscaler data center campuses in the world. His experience includes negotiating and documenting a range of innovative structures in the industry, including "powered land," "powered pad and campus" and "powered shell" structures. He also has structured fiber connectivity arrangements, secured firm gas supply and transportation, and structured power and water supply under local regulatory frameworks, including in open access markets as well as utility jurisdictions and real estate investment trusts (REITs). Additionally, Mr. Sunkara procured and negotiated arrangements on a wide array of power equipment (including transformers, substation facilities, gen-tie lines, power conditioning equipment and heating and cooling infrastructure), as well as engineering, procurement and construction (EPC) contracts for all phases of data center development, including civil works, trenching, fiber connectivity, behind-the-meter generation of all types – nuclear/small modular reactor (SMR), solar, gas-fired (simple and combined cycle configurations) and battery storage collocated with generation – and coordinated permitting processes for all of the foregoing as lead project counsel.
Further, Mr. Sunkara has represented data center developers, owners, operators, utilities, cooperatives, municipalities and other load-serving entities regarding the negotiation of retail service and issues surrounding the design, development and construction of interconnection facilities to provide retail electric distribution service to data centers and data center campuses. He also has addressed matters related to cost reimbursement for such infrastructure, load ramp timelines, demand, generation and transmission charges and cost allocation, distributed generation and behind-the-meter solutions for data center load ramp growth demands and other nuanced issues impacting the rapid deployment of data center infrastructure across North America.
Mr. Sunkara regularly represents a broad range of energy, timber and industrial sector clients, including renewable energy sponsors and developers, diversified publicly traded companies, electric and gas utilities, independent power producers (IPPs), electric cooperatives, private equity and hedge funds, oil and gas companies in midstream and downstream project matters, commodity trading companies, financial institutions, timber investment management organizations (TIMOs), and chemical and petrochemical producers and other industrials.
Mr. Sunkara's experience spans the entire energy spectrum. In his oil and gas practice, Mr. Sunkara represents clients in upstream oil and gas matters, midstream projects – including the acquisition of intrastate and interstate pipelines, as well as a number of underground gas storage facilities across North America – liquefied natural gas (LNG) liquefaction and regasification terminals and related infrastructure, compressed natural gas (CNG) fueling stations and processing facilities, the acquisition and operations of maritime port and rail terminals, crude and natural gas liquids (NGLs) gathering systems and pipelines, and the development and financing of hydrocarbon blending, refined products and processing facilities. Mr. Sunkara has also advised oil and gas clients and financial institutions on gas and crude "prepay" transactions and routinely advises clients on commodity trading transactions effected on master agreements such as International Swaps and Derivatives Association (ISDA), North American Energy Standards Board (NAESB) and bespoke arrangements. Mr. Sunkara also has one the leading renewable natural gas (RNG) and responsibly sourced gas (RSG) practices in North America, having worked on dozens of landfill gas, dairy digester, wastewater and coal mine methane capture projects in his more than 20 years of practice, and he is routinely called upon by clients in the RNG and RSG space to represent them in the largest transactions involving such facilities.
In addition, Mr. Sunkara has extensive experience with the full array of power generation, traditional baseload generation and renewables/energy storage technologies, including wind (onshore and offshore), solar and solar-plus-storage projects, RNG, biomass and cogeneration facilities, hydropower and geothermal projects. In this space, he guides clients through M&A transactions, tax equity investments (sponsor-side and investor-side representations), power purchase agreements (PPAs), engineering, procurement and construction (EPC) contracts, operation and maintenance (O&M) and balance of plant (BOP) agreements, turbine supply (TSAs) and solar panel and related equipment procurement arrangements (including for the procurement of "safe harbored" equipment), purchase and sale agreements for steam, chilled water and other cogeneration offtake contracts, advising on the generation and purchases and sales of environmental attributes, such as renewable energy certificates (RECs), carbon offsets, renewable identification numbers (RINs), and trading agreements involving physical and financially settled purchases (including secured and unsecured hedges), and sales of electric power and related products. He has a market-leading practice advising Fortune and Financial Times Stock Exchange (FTSE)-listed corporations in achieving their sustainability and other environmental, social and governance (ESG) objectives and project developers globally in the negotiation of physically settled and financially settled renewable PPAs and virtual PPAs and has been involved in that space from its inception more than a decade ago.
Prior to joining Holland & Knight, Mr. Sunkara was the leader of a number of energy teams for a global law firm in its Houston office. Additionally, Mr. Sunkara provides pro bono contractual advice to a charity focused on providing memorable trips for chronically and terminally ill children.