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

Policy and Institutional Drivers

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

Case Studies

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

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


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

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.

John Fernandes, Senior Consultant – Emerging Technologies, Customized Energy Solutions (CES)

John joined Customized Energy Solutions after nearly 5 years in the development, construction, and IPP sectors managing policy and creating new market opportunities across renewable, fossil, transmission, and energy storage business lines.  Prior to his time in the commercial space, John was on staff at the Federal Energy Regulatory Commission and a regulatory manager for an investor-owned utility. 

John has operated in every US wholesale energy market and has offered expertise in international markets, including Canada, the UK, Mexico, Australia, and Africa.  He has helped shaped policy for numerous states as well as the US Department of Energy.  John has an MBA from the University of Delaware, a Master’s in Public Health from Johns Hopkins University, and is a guest lecturer for the University of Colorado at Denver Global Energy Management Program.

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

Event Standard RateAttendees
Single Connection - Energy Storage ContractsUS $ 795.00
Pack of 5 connectionsUS $ 3,180.00
Pack of 10 ConnectionsUS $ 5,565.00
Pack of 20 ConnectionsUS $ 9,540.00
Call us at 303.770.8800 if you have any specific questions on the volume discounts
* all other discounts do not apply to license packs

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Cancellation Policy

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

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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 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: Beginner/Intermediate
Delivery Method: Group-Live presented online due to COVID-19
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.



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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