By - Jon Brown

Working with Electric Utility Contracts (Without a Law Degree) [POSTPONED]
May 12-13, 2020 | Denver, CO

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Overview

Out of an abundance of caution and per CDC guidelines, this event has been postponed. We will post exact dates as soon as they are confirmed. 

The Working with Electric Utility Contracts course will provide attendees with an in-depth account of how these contracts are structured and will review all elements from validity, enforceability and usability, confidentiality, liability, severability, and more. The class will not only highlight the legal concepts and basic principles of contracting, but boilerplate provisions, Power Purchase Agreements, and Engineering, Procurement and Construction Agreements. Content will also revolve around negotiation strategies, common drafting errors, and risks.

All non-legal professionals will have the opportunity to participate in interactive group exercise sessions and review real-world examples first-hand to get a sense of how the content they’re learning is implemented within day-to-day contracts.

Learning Outcomes

  • Review utility contract fundamentals, including basic principles, structure, objectives, and drafting errors
  • Discuss boilerplate provides and their jurisdiction, confidentiality, severability, integrations and more
  • Evaluate different legal concepts such as force majeure, liability, disputes, the risk of loss, and more
  • Participate in interactive exercises to understand and discuss common agreements and key provisions
  • Examine the structure and financing of Power Purchase Agreements (PPA)
  • Review Engineering, Procurement, and Construction (EPC) contracts and their structure

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.

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

Tuesday, May 12, 2020

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


Utility Contracts as Risk Management Tools


Basics of Utility Contracting

  • Basic Principles
  • Essential Elements of a Valid Contract
  • Contract Structure
  • Objectives
    • Enforceability and usability
    • Defined relationships and obligations
    • Allocation of risk
  • Boilerplate Provisions
    • Choice of law
    • Jurisdiction
    • Assignment
    • Confidentiality
    • Waiver
    • Severability
    • Integration
    • Counterparts
  • Legal Concepts
    • Indemnification
    • Limitation of liability
    • Force majeure
    • Change in law
    • Title and risk of loss
    • Breach and events of default
    • Dispute resolution
  • Common Drafting Errors

Interactive Session – Common Agreements and Key Provisions

  • Confidentiality/Non-Disclosure Agreements
  • Memorandums of Agreement/Understanding
  • Letters of Intent
  • Term Sheets

Wednesday, May 13, 2020

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

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


In-Depth Review: Power Purchase Agreements

  • General Structure
  • Financing
  • Key Provisions
    • General commercial terms
    • Conditions precedent
    • Development milestones
    • Operational obligations
    • Performance guarantees
    • Events of default/termination
    • Insurance requirements
    • Credit and collateral

In-Depth Review – Engineering, Procurement and Construction Agreements

    • General Structure
    • Utility-Specific Characteristics

Negotiating Strategies


Question-and-Answer Session

Instructors

Jill Freret, Director, Resource Acquisition, Arizona Public Service Company

Jill Freret leads the team responsible for the life cycle of long-term power procurement contracts, from solicitation through negotiation, execution, and management.  Resources have traditionally included conventional, gas-fired generation and stand-alone renewables, and have more recently expanded to include utility scale batteries.

Jill has been with APS for 15 years and spent the majority of that time as a commercial lawyer supporting the Resource Acquisition and traditional marketing and trading functions, as well as the development of APS’s solar generation projects.  She also helped APS establish its Dodd-Frank compliance program and negotiated the commercial agreements associated with APS’s entry into the CAISO Energy Imbalance Market.

Prior to joining APS, Jill worked in private practice as an employment lawyer, as well as in an employment consulting role for a Native American gaming enterprise.  Jill received her bachelor’s degree from the Pennsylvania State University and her law degree from Georgetown University Law Center.


Stefanie Zebelman, Senior Attorney, Pinnacle West Capital Corporation/Arizona Public Service Company

Stefanie is a Senior Attorney at Pinnacle West Capital Corporation/Arizona Public Service Company whose practice is focused on energy marketing and trading contracts, renewable energy project development, and enterprise risk management.  Prior to joining Pinnacle West/APS, Stefanie practiced law at an eDiscovery start-up company in San Francisco where she focused on litigation support including case review and strategy, deposition preparation, and advanced document review.  She joined the Financial Intelligence Unit at American Express in Phoenix in 2010, where she worked in Bank Secrecy Act/Anti-Money Laundering compliance.  Prior to joining APS in 2014, she worked on the marketing and trading floor at Salt River Project.

Stefanie is a 2004 graduate of the University of California, San Diego and a 2007 graduate of Arizona State University College of Law.

Location

Hyatt Regency Denver Tech Center

7800 East Tufts Ave

Denver, CO 80237

Reserve your room:

please call 1-303-779-1234

Room Block Reserved For:

Nights of May 11 – 12, 2020

Room rate through EUCI:

$169.00 single or double plus applicable taxes
Make your reservations prior to April 20, 2020.

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, April 24, 2020
Standard RateAttendees
Working with Electric Utility Contracts (Without a Law Degree) [POSTPONED]US $ 1195.00 US $ 1195.00
I will be attending in person
I will be attending remotely (video conferencing - one connection per person)

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 10, 2020 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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