Renewable Energy PPAs
January 30-31, 2017
Denver, CO

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Overview

The Renewable Energy Power Purchase Agreements seminar is designed for those in the renewable energy industry who are new to PPAs or who have worked with PPAs for a while and are ready to gain a deeper understanding of the legal impact of, and allocation of risks under, key PPA provisions. The course will begin with an introduction to the development and financing process and the role of competitive procurement (including RFP solicitations and bilateral negotiations). The instructors will review the various general contract terms found in most non-PPA project agreements that directly impact the PPA negotiations, and provide an overview of environmental and permitting matters that arise in PPA negotiations.

The course will break PPA issues into those which arise or play out during the pre-commercial operation period, those related to the actual achievement of commercial operation, and the issues that arise in the post-commercial operation period. Examples of problems that have arisen both before and after project completion will be given, and the solutions to these problems will be discussed. The topics covered will include risk allocation during curtailments, environmental considerations, managing change in law risk, the process and requirements for the declaration of milestone completion (especially the commercial operation milestone), liquidated damages, limitations of liability, and transmission and interconnection issues that arise in the PPA.

During the course, attendees will also learn about issues that are unique to PPAs for solar, biomass, wind, and other renewable energy resources, variations on the typical PPA finance structure, and the factors that impact the relative leverage positions or strengths/weaknesses of the parties negotiating the PPA. During the course the instructors will provide and review specific contract language, and will offer methods and practices for successful negotiations.

Learning Outcomes

  • Review the basics of project finance, PPA contract terms, and the PPA bidding process
  • Assess sample PPA language
  • Discuss methods and practices for successful negotiations
  • Analyze issues that arise during operations and how to allocate legal risk
  • Discuss government incentives for solar PPAs and review utility scale projects
  • Review other renewables such as biomass, biofuels and wind, and programs utilizing these technologies

Credits

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EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET).  In obtaining this accreditation, EUCI has demonstrated that it  complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard.

EUCI is authorized by IACET to offer 1.0 CEUs for this event.

Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 12.0
There is no prerequisite for this Course.
Program Level: Beginner
Delivery Methood: Group-Live
Advanced Preperation: None

CpeEUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit.

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

PowerPoint presentations and classroom discussion will be used in this course for each learning outcome.

Agenda

Monday, January 30, 2017

8:00 – 8:30 a.m. : Registration and Continental Breakfast

8:30 – 9:30 a.m. :: Overview of Development and Finance (The Role of the PPA)
  • Development Process
  • Basics of Project Finance
  • Project Risks
  • Financeability Issues in PPAs
  • Project Structure
9:30 – 10:30 a.m. :: Power Procurement, RFPs, and the Bidding Process
  • Competitive Procurement
  • Bilateral Negotiations
  • RFP Process
  • Types of Submissions

10:30 – 10:45 a.m. :: Morning Break

10:45-11:45 a.m. :: General Contract Terms
  • Limits of Liability
  • Indemnification
  • Boilerplate

11:45 a.m. -12:00 p.m. :: Q&A

12:00 – 1:15 p.m. :: Group Luncheon

1:15 – 2:30 p.m. :: Pre-COD and COD Issues
  • Conditions to Effectiveness
  • Permissible Delays
  • Development & Construction
  • Performance Security
  • Declaration of Commercial Operation
  • Liquidated Damages

2:30 – 2:45 p.m. :: Afternoon Break

2:45 – 4:00 p.m. :: COD & Post-COD Issues
  • Sale of Energy & RECs
  • Defaults
  • Metering & Payment
  • Operations & Maintenance
  • Curtailments
  • Typical Issues Arising during Operations
  • Change in Law
4:00 – 4:30 p.m. :: Interconnection and Transmission Issues
  • Types of Agreements
  • Alternatives to Transmission
  • Types of Service

4:30 – 5:00 p.m. :: Q&A


Tuesday, January 31, 2017

8:00 – 8:30 a.m. :: Continental Breakfast

8:30 – 9:15 a.m. :: Environmental Issues in PPAs
  • Environmental Representations and Covenants
  • Species Issues
9:15 – 10:15 a.m. :: Prepaid PPAs
  • Benefits & Unique Issues
  • Seller’s Role as Lender
  • Defaults and Remedies

10:15 – 10:30 a.m. :: Morning Break

10:30 – 11:15 a.m. :: Solar PPAs and Distributed Generation
  • Distributed Generation
  • Solar Hybrid Projects
  • Government Incentives
  • Utility Scale Projects

11:15 a.m. – 12:00 p.m. :: Q&A

Instructors

Ashley K. Wald, Partner, Holland & Hart

Ms. Wald advises her clients at all stages of energy project development, from site acquisition and permitting to construction, interconnection, transmission, power purchase, financing, and through commercial operation. She frequently works with clients involved in the solar and wind industries, other renewable energy technologies, and natural gas, as well as clients working in demand-side management and energy efficiency product development and deployment.

Ms. Wald also represents clients in the purchase and sale of energy projects, including both asset deals and the sale of membership interests.

Leslie S. Boyle, Partner, Holland & Hart

Ms. Boyle advises clients in a wide range of industries in connection with their commercial transactions and the development, financing, and operation of large infrastructure projects.  Her clients range from national oil and gas companies, mining companies, and independent power producers to apparel retailers and equipment manufacturers.

Ms. Boyle negotiates the contracts required for every stage of a project’s life cycle, including engineering, procurement, and construction services agreements, major equipment supply agreements, operations and maintenance agreements, master services agreements, power purchase agreements, and energy exchange agreements, and she represents clients as they buy, sell, and finance projects.  Ms. Boyle also advises clients in the structuring and negotiation of joint ventures for the development and operation of infrastructure projects.

Elizabeth Mitchell, Partner, Holland & Hart

For over 20 years, Ms. Mitchell has helped major national and international companies to reduce environmental risks and enhance their environmental compliance. Her clients include manufacturing, pharmaceutical, agricultural, conventional and renewable energy, and mining companies. Ms. Mitchell regularly advises these and other entities on environmental and regulatory issues associated with mergers and acquisitions, project finance, environmental compliance, permitting, securities filings, and enforcement matters. Furthermore, she has extensive experience handling a variety of infrastructure, energy, and environmental projects.

Ms. Mitchell works with domestic and foreign clients on the environmental aspects of energy and industrial projects in the U.S., from site selection and permitting, to financing, to environmental compliance requirements. She regularly advises developers and lenders regarding environmental aspects of financing commercial and industrial projects. Her work includes the assessment of environmental systems through environmental audits and investigations, as well as the development of environmental management systems.

Location

Grand Hyatt Denver
1750 Welton Street
Denver, CO 80202

To reserve your room, please call 1-303-295-1234
Please indicate that you are with the EUCI group to receive the group rate.

Room Rate:

The room rate is $189.00 single or double plus applicable taxes.

Room Block Dates:

A room block has been reserved for the nights of January 29 – 30, 2017.

Rate Available Until:

Make your reservations prior to January 9, 2017. There are a limited number of rooms available at the conference rate. Please make your reservations early.

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