By - Jon Brown

Working with Electric Utility Contracts (Without a Law Degree)
May 20-21, 2019 | Denver, CO

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Overview

This course is designed to provide developers of energy projects, those working at electric utilities, and other non-legal professionals in the energy industry with an overview of the structure and mechanics of contracts commonly encountered in the industry. The course has two major points of focus: first, the instructors will offer information and insight into the basics of reviewing, drafting, and interpretation of contracts. They will identify common themes, language, and provisions in legal agreements and provide suggestions as to how the non-lawyer can provide insights and input into the completion of successful negotiations and sound contracts. 

Second, the instructors will highlight the legal framework and fundamental provisions in several specific documents frequently used in the energy industry (NDAs, PPAs and EPC contracts). They will break down and analyze key provisions and will help participants gain familiarity and comfort with legal terminology and concepts. Participants will have an opportunity to read sample agreement provisions, identify drafting flaws, and discuss ways to address and resolve those issues. The session will provide the participants with a better understanding of the intricacies involved with drafting and interpreting various terms and conditions and will attempt to demystify some of the “legalese” and “boilerplate” provisions commonly found in contracts. 

Learning Outcomes

  • Identify the fundamental purpose and key provisions of the major agreements used in the electric utilities industry
  • Discuss the importance of non-disclosure and confidentiality agreements to the contracting process
  • Describe the role of non-binding agreements such as term sheets and letters of intent
  • Analyze the most significant terms and conditions in the power purchase agreement, construction contracts, operation and maintenance (O&M) agreement, and shared facilities agreements
  • Review basic legal terminology and concepts providing familiarity and comfort to those working with the agreements
  • Evaluate sample agreements and draft new provisions to address flaws identified within the samples

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 1.1 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 a 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

This program will use PowerPoint Presentations, group discussions, as well as active participation.

Agenda

Monday, May 20, 2019

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

8:30 a.m. – 5:00 p.m. :: Course Timing

12:00 – 1:00 p.m. :: Group Luncheon


Basics of Contracting

  • Basic contracting principles
    • Role of attorneys
    • Essential elements
    • Structure
    • Objectives
      • Enforceability
      • Define parties, relationships, and responsibilities
      • Allocation of risks
      • Integrated infrastructure
      • Prepare for financing
    • Boilerplate provisions
      • Notice
      • Force majeure
      • Others
    • A few legal concepts
      • Indemnities
      • Liability limitations
      • Damages
    • Overview of common agreements and key provisions
    • Common drafting errors

In-Depth Review: Power Purchase Agreements

  • General structure
  • Overview of key provisions
  • Negotiating points

Tuesday, May 21, 2019

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

8:30 a.m. – 12:00 p.m. :: Course Timing


In-Depth Review: Power Purchase Agreements, cont’d

  • Security
  • Dispute resolution
  • Defaults, cure, remedies

In-Depth Review: EPC Agreements


In-depth Review of Non-Disclosure and Confidentiality Agreements and Interactive Session

  • Confidentiality agreement
    • Read sample agreement provisions
    • Discuss potential drafting flaws
    • Make “real-time” revisions
    • Review Redlines

Question-and-Answer Session

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.


Nate Davis, Associate, Holland & Hart

Nate advises clients through the various stages of the corporate life cycle from entity selection and formation to financing and capitalization, corporate reorganization and a variety of merger and acquisition transactions. His experience includes working with clients of all sizes from early stage start-ups to large public companies.


Nick Venetz, Associate, Holland & Hart

Nick advises clients on corporate and transactional matters focusing on both project finance and development and mergers and acquisitions. Nick guides clients through all phases of the project lifecycle, and has helped his clients arrange development funding and project financing, structure joint ventures, negotiate power purchase agreements and construction agreements, and purchase and sell project companies and project assets. Nick also helps clients successfully complete deals of all sizes and complexity, from helping entrepreneurs sell their businesses, to negotiating acquisitions and dispositions for large public companies, to representing clients on cross-border transactions.


Ashley Ewing, Associate, Holland & Hart

Ashley advises clients in a variety of industries in connection with mergers and acquisitions, project development, financing, and business and commercial transactions, with a particular emphasis in the energy and infrastructure sector.


Chris Boling, Associate, Holland & Hart

Chris assists clients on complex domestic and international business transactions and projects. His practice focuses on project development and finance, private equity investments, acquisitions and divestitures, and joint ventures. Chris has represented clients ranging from exploration and production companies to midstream developers, as well as private equity firms, investments banks, and financial investors.

Location

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 May 19-20, 2019

Room rate through EUCI:

$239.00 single or double plus applicable taxes
Make your reservations prior to April 29, 2019.

Register

Please Note: Confirmed speakers do not need to register and are encouraged to participate in all sessions of the event. If you are a speaker and have any questions please contact our offices at 1.303.770.8800

EventEarly Bird Before
Friday, May 03, 2019
Standard RateAttendees
Working with Electric Utility Contracts (Without a Law Degree)US $ 1195.00US $ 1395.00

Register 3 Send 4th Free!

Any organization wishing to send multiple attendees to these conferences may send 1 FREE for every 3 delegates registered. Please note that all registrations must be made at the same time to qualify.

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 April 19, 2019 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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