Energy Storage Contracts

Energy Storage Contracts

February 22, 2022 | Online :: Central Time

“Seminars provide a high-level overview for current industry challenges.” Manager of Power Supply, Wolverine Power Cooperative

In the electric system, energy storage is a technology like no other because of the multiple, essential functions it can perform as a generation resource, as load, and as transmission or distribution infrastructure.  Consequently, the structure of power purchase agreements (PPAs) employed for more traditional generating facilities do not necessarily translate to energy storage, or the PPA lacks flexibility to accommodate multiple uses. Therefore, when negotiating and forming an energy storage offtake agreement, it is of vital importance for the parties to understand all the ways in which the storage system will be used.

Recently, utilities have procured hundreds of megawatts of utility-owned battery projects through energy performance contracts (EPC) or similar contractual acquisition structures and have executed numerous contracts for battery project services and products. EUCI’s virtual event will help you to keep abreast of the tremendous potential of energy storage and how to undertake the necessary initiatives in a practical and manageable way.  This course will cover the key issues and contract provisions that need to be considered when negotiating storage projects.

Learning Outcomes

  • Discuss the key issues and contract provisions that need to be considered when negotiating storage projects
  • Review the energy storage functions as they relate to contracts
  • Discuss the various policy and institutional drivers for energy storage
  • Discuss contract negotiations, contracting parties and managing operations
  • Discuss the current environment for energy storage
  • Discuss the performance components of storage contracts
  • Review several case studies and discuss future opportunities



Tuesday, February 22, 2022 : Central Time

8:45 – 9:00 a.m.
Log In and Welcome

12:30 – 1:15 p.m.
Lunch Break

9:00 a.m. – 4:15 p.m.
Course Timing


9:00 – 9:15 a.m. :: Welcome Announcements

Energy Storage Functions as They Relate to Contracting Services

  • Contracting parties
    • Utilities/LSE
    • Project developers
    • EPCs
  • Storage services
    • Load shaping
    • Ancillary services
    • Load shifting
    • Energy arbitrage
    • Infrastructure deferral
    • Market compensation

Joel Berger, Senior Consultants, Customized Energy Solutions (CES)

Policy and Institutional Drivers

  • Storage accreditation for capacity
  • Storage valuation model work from SPECs

David Sarkisian, Senior Policy analyst, NC Clean Energy Technology Center

Case Studies

  • Arizona Public Service
    • Integrating storage performance and tariffs into PPAs at APS

Daniel Clark, Energy Innovation Program Consultant, Arizona Public Service

  • The effect on electric cooperatives and public power utilities
    • Utility value  in organized markets
    • Hedges and storage

David Sarkisian, Senior Policy analyst, NC Clean Energy Technology Center

12:30 – 1:15 p.m. :: Lunch Break

Contract and Key Provisions for BESS Projects

  • Purchase vs storage as a service option
  • Negotiations
  • Contracting parties
  • Managing operations
  • Warranty guarantees
  • Performance guarantees
  • Understanding contract clauses
  • Storage PPA’s
  • Clarity on differences in the RFP and negotiations
  • Sorting out players and their legal responsibilities

Ashley Wald, Partner, Holland & Hart LLP

Leslie Boyle, Partner, Holland & Hart LLP

Ryan Martin, Associate, Holland & Hart LLP


Final Considerations

  • Next steps
  • Future Opportunities


4:15 p.m. Course Adjourns


David Sarkisian, Senior Policy analyst, NC Clean Energy Technology Center

David Sarkisian is a Senior Policy analyst at the NC Clean Energy Technology Center. For DSIRE, David manages the entries for the following states: IA, IL, KS, MI, MO, NE, NM, OK, and TX. David received his B.A. in public policy from Duke University and completed a J.D. and a Masters in Environmental Science degree at Indiana University in Bloomington. He is a member of the Indiana State Bar. David’s field of interest includes energy efficiency, smart grids, behavioral effects on energy use, and administrative law. He has previously worked with the Indiana Office of Utility Consumer Counselor developing smart grid policy. He has also interned with the U.S. Environmental Protection Agency (EPA), where his work included analyzing regulatory innovation projects and developing recognition-based incentive programs

Daniel Clark, Energy Innovation Program Consultant, Arizona Public Service

Daniel Clark is Energy Innovation Program Consultant at Arizona Public Service.  He has experience across a broad swath of the power industry, including solar OE, design and development, energy storage development and design, as well as fossil generation and T & D.  Since 2018, he has evaluated and implemented new technologies to help improve the utility’s grid reliability, safety, and ability to accommodate more clean energy.  His current primary efforts are on installing battery energy storage systems at both the distribution level (power quality, deferment, DER capacity) and the transmission level (resource capacity, balancing).  Prior to joining APS, Mr. Clark was a senior electrical engineer at Burns & McDonnell, where he had been an employee-owner for 9 1/2 years.  He also served 3 1/2 years at Project Controls, where he was responsible for Client Program cost control, cash flow, budget reporting, change management, contract management, material management, invoice tracking, procurement, and KPI tracking.

Ashley Wald, Partner, Holland & Hart LLP

Ms. Wald provides guidance to clients in the solar, wind, hydropower, and natural gas industries as they develop energy projects and related infrastructure across the United States.  She negotiates power purchase agreements on behalf of clients seeking to buy renewable power, including municipal utilities and electric cooperatives, and she is uniquely positioned to provide insights and strategic solutions based on her experience sitting on both sides of the negotiating table.  In addition, Ms. Wald counsel’s clients in the purchase and sale of energy project assets and project companies.

Leslie Boyle, Partner, Holland & Hart LLP

Leslie Boyle is a Partner at Holland and Hart.  She 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.  She also advises clients in the structuring and negotiation of joint ventures for the development and operation of infrastructure projects.

Ryan Martin, Associate, Holland & Hart LLP

Ryan draws on experience in private practice and as in-house counsel to help guide clients at every stage of an energy infrastructure project, from early-stage development through financing, construction, and operation. He also advises buyers, sellers, and investors on the buying and selling of projects and other strategic transactions involving renewable energy assets. His experience also includes drafting and negotiating a broad range of commercial agreements to facilitate upstream and midstream oil and gas operations. From his role working for an oil and gas exploration and production company, Ryan also has experience advising and supporting land and operations. Before joining Holland & Hart, Ryan served as Corporate Counsel at PDC Energy, Inc. and he also practiced at two Am Law 200 firms in Houston, Texas.

Joel Berger, Senior Consultants, Customized Energy Solutions (CES)

Joel Berger is a Senior Consultant for the Emerging Technologies group at Customized Energy Solutions, joining the firm in 2019.  He utilizes and provides endorsement to the CoMETS asset modeling platform and evaluates various favorable opportunities for energy storage for both behind-the-meter and grid-connected applications. He also monitors and participates in ISO/RTO stakeholder processes to observe growth in market potential for energy storage, providing technical insight where possible and supplying cutting edge intelligence on storage opportunities.  Prior to coming to CES, Mr. Berger worked for an international renewable energy company participating in development, construction, operations and asset management of Energy Storage Projects in three ISO/RTOs.  He holds a M.S. degree in Mechanical Engineering from the University of Colorado, as well as a B.A. degree in Physics and Mathematics.

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

  • IMPORTANT NOTE: After November 30 you will not be able to join a Teams meeting using Internet Explorer 11. Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
  • You will receive a meeting invitation will include a link to join the meeting.
  • Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
    • You will need to join the appropriate meeting at the appropriate time.
  • If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
  • The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.


Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for three business days after the event


Energy Storage Contracts

February 22, 2022 | Online
Individual attendee(s) - $ 795.00 each

Volume pricing also available

Individual attendee tickets can be mixed with ticket packs for complete flexibility

Pack of 5 attendees - $ 3,180.00 (20% discount)
Pack of 10 attendees - $ 5,565.00 (30% discount)
Pack of 20 attendees - $ 9,540.00 (40% discount)

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before January 14, 2022 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800




EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 0.7 CEUs for this event.

Requirements For Successful Completion Of Program

Participants must log in each day and be in attendance for the entirety of the conference to be eligible for continuing education credit.

Instructional Methods

Case studies and PowerPoint presentations will be used in this program.

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

Course CPE Credits: 7.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
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. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site:



Who Should Attend

Individuals working in the following areas will benefit from attending this event:

  • Distributed level renewable energy project developers
  • Grid level renewable energy project developers
  • Utility management
  • Technical staff
  • Regulators
  • RTOs/ISOs
  • Consultants
  • Equipment manufacturers
  • Renewable’s systems
  • Solicitation / Procurement staff
  • Resource Planning staff
  • Transmission staff
  • Distribution staff
  • Regulatory staff
  • Storage vendors

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