Renewable Energy PPAs
April 23-24, 2019 | Denver, CO
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 key provisions of PPAs, central legal concerns, and the allocation and mitigation of risk in PPA transactions. 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 PPAs and other project agreements and will provide an overview of environmental and permitting matters that arise in PPA negotiations.
The course will break PPA issues into issues that arise during the pre-commercial operation period, issues related to the actual achievement of commercial operation, and 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, indemnification, and limitations of liability. Special consideration will be given to pre-pay PPAs, issues arising with distributed generation projects, alternative structures to PPAs, and issues arising in corporate PPAs.
During the course the instructors will provide and review specific contract language, and will offer methods and practices for successful negotiations.
- 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
- Review key provisions and provisions arising under certain PPA structures
- Discuss how to appreciate and allocate legal and commercial risks
- Review non-typical PPA structures
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/Intermediate
Delivery Methood: Group-Live
Advanced Preperation: None
EUCI 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.
This event has been approved by the Colorado State Supreme Court Board of Continuing Legal and Judicial Education for 11 CLE credits.
Requirements for Successful Completion of Program
Participants must sign in/out each day, be in attendance for the entirety of the course
PowerPoint presentations and classroom discussion will be used in this course for each learning outcome.
Tuesday, April 23, 2019
8:00 – 8:30 a.m. :: Registration & Continental Breakfast
8:30 – 10:00 a.m. :: Overview of Project Development and Finance (The Role of the PPA)
- Development Process
- Basics of Project Finance
- Legal Considerations
- Financeability Issues in PPAs
- RFPs and Procurement
- Interconnection and Transmission
10:00 – 10:15 a.m. :: Morning Break
10:15 – 11:45 a.m. :: General Contract Terms
- Limits of Liability
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
- Development & Construction
- Declaration of Commercial Operation
- Permissible Delays
- Performance Security
- Liquidated Damages
2:30 – 2:45 p.m. :: Afternoon Break
2:45 – 4:00 p.m. :: COD & Post-COD Issues
- Sale of Energy & RECs
- Metering & Payment
- Typical Issues Arising during Operations
- Operations & Maintenance
- Changes in Law
4:00 – 5:00 p.m. :: Environmental Issues in PPAs
- Environmental Law: Representations and Covenants
- Species Issues: Legal Perspectives
4:30 – 5:00 p.m. :: Q&A
Wednesday, April 24, 2019
8:00 – 8:30 a.m. :: Continental Breakfast
8:30 – 9:30 a.m. :: Corporate PPAs
9:30 – 10:30 a.m. :: Prepaid PPAs
- Benefits & Unique Issues
- Seller’s Role as Lender
- The Law: Defaults and Remedies
10:30 – 10:45 a.m. :: Morning Break
10:45 – 11:30 a.m. :: Distributed Generation
- Distributed Generation
- Legal Considerations
- Solar Hybrid Projects
11:30 – 11:45 a.m. :: Q&A
Check back for agenda updates
Leslie S. Boyle, Partner, Holland & Hart LLP
Leslie Boyle advises clients in connection with their commercial transactions and the development, financing, and operation of large infrastructure projects. Leslie negotiates the contracts required for every stage of a project’s life cycle, including the contracts required for a project’s day-to-day operation and revenue generation. She also advises clients in the negotiation of joint ventures for the development and operation of infrastructure projects.
Her clients range from national midstream oil and gas companies, independent power producers, and mining companies, to apparel retailers and equipment manufacturers.
Rochelle Rabeler, Partner, Holland & Hart LLP
Rochelle Rabeler focuses her practice on project development, project financing, joint ventures, and mergers and acquisitions for clients in the renewable energy and infrastructure sectors.
She counsels developers, investors, sponsors, and independent power producers in connection with wind, solar, and geothermal projects throughout the United States, varying in size from 100 kW to 1000 MW. Both buyers and sellers benefit from Rochelle’s comprehensive experience guiding clients through each nuance of mergers and acquisitions and debt and equity financings (including ISDA and swap agreements), ranging from complex structures to traditional commercial secured transactions. Rochelle successfully steers clients through the entire project lifecycle, negotiating and closing transactions covering the full range of commercial agreements necessary for energy projects, including power purchase agreements (both with utilities and private commercial and industrial offtakers), land acquisition documents, construction contracts, equipment procurement contracts, operations and maintenance agreements, and shared facilities agreements.
Jill Van Noord, Of Counsel, Holland & Hart LLP
Jill Van Noord focuses on counseling clients in regulatory compliance and permitting, with a special emphasis on air quality-related issues. Her expertise also includes working with clients on the environmental aspects of developing, constructing and operating power generation and energy infrastructure projects in the U.S. In addition, Jill regularly represents clients in enforcement actions before state agencies and the Environmental Protection Agency as well as negotiating settlements of disclosures of issues identified through systematic environmental audits and investigations. Her clients include mining, manufacturing, oil and gas, and electric generation companies.
Ashley K. Wald, Partner, Holland & Hart LLP
Ashley Wald provides sophisticated 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 assists her clients at all stages of energy project development and finance, from site acquisition through commercial operation, with particular emphasis on construction contracts and power purchase agreements. In addition, Ashley negotiates power purchase agreements on behalf of purchasers of clean power, including municipal utilities and electric cooperatives. She is uniquely positioned to provide insights and strategic solutions based on her experience sitting on both sides of the negotiating table. She also counsels clients in the purchase and sale of energy project assets and project companies.
JW Marriott Cherry Creek
150 Clayton Lane
Denver, CO 80206
Reserve your room:
please call 1-303-316-2700
Room Block Reserved For:
Nights of April 22 – 23, 2019
Room rate through EUCI:
$239.00 single or double plus applicable taxes
Make your reservations prior to March 18, 2019.