Serving the energy industry for over 30 years
By - Jon Brown

Solar Project Development
Financial, Legal & Technical Best Practices
May 12-13, 2020 | Denver, CO

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Overview

Solar PV utility-scale project development now proliferates in the power industry landscape, in both development and acquisition contexts.  The need for quality, systematic project development planning due diligence is essential. Such thorough due diligence is complex. Without it, even the slightest unexamined issue can trip up new players and industry veterans alike. While all phases of the project require this scrutiny, a full-scope awareness across the multiple project disciplines is especially critical for those entities determined to lessen their complications when developing or partnering on solar projects.

This course will focus on the core areas of due diligence for utility-scale PV projects and provide a “punch list” for their execution. It covers aspects of solar project development not tackled by instructional programs that focus strictly on financing and tax issues.  Subject matter experts (SMEs) with specific financial, legal and technical in utility-scale PV projects will deliver the content in combination with experienced project development staff.

Learning Objectives

  • Identify key due diligence issues, questions, and features
  • Define the dominant elements to pre-qualify a candidate project development site for its solar potential
  • Evaluate the title and insurance requirements specific to solar installations
  • Judge construction/contractor project compatibility
  • Assess legal requirements and disclosures
  • Analyze solar assessment and energy production reports
  • Define the role and value of third-party independent engineering (IE) project review
  • Identify interconnection and other transmission considerations and constraints
  • Apply the proper risk assessment, risk allocation, and performance guarantees

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.

 

Instructional Methods 

Case studies, and PowerPoint presentations will be used in this course. 

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the conference and/or workshop to be eligible for continuing education credit.

Agenda

Tuesday, May 12, 2020

7:45 – 8:15 a.m. :: Registration and Continental Breakfast

8:15 – 8:30 a.m. :: Welcome and Overview


8:30 – 9:15 a.m. :: Project Determination: Setting the Compass Heading

  • Classifications
    • Utility-scale
    • Commercial/Industrial
    • Residential portfolios
  • Characteristics of financeable (vs non-financeable) projects
  • Intent
    • Serve own load?
    • Generate primary revenue?
    • Generate supplemental revenue?
  • Ownership
    • Wholly-owned and operated?
    • Wholly owned and leased?
    • Jointly owned and operated?
    • Jointly owned and leased?
    • “Package arrangement” with developer?
  • Asset attributes
    • Standalone asset
    • Position in a larger portfolio
  • CapEx

9:15 – 10:00 a.m. :: Project Determination: Pulling the Team and Information Together

  • Assigning roles
  • Developing and disseminating timely information
  • Interrelation of issues and impact of early-stage questions and answers on later stages of project
  • Impacts upon RFP responses
  • Issues that impact sale
  • Issues that impact financing

10:00 – 10:20 a.m. :: Morning Break


10:20 a.m. – 12:00 p.m. :: Project Contractual Relationships

  • General structure
  • PPA terms of contract
  • EPC
  • Financing
  • Transmission access and studies
  • Interconnection agreement(s)
  • Site and easements
  • Permitting

12:00 – 1:00 p.m. :: Group Luncheon


1:00 – 2:45 p.m. :: EPCs and Equipment Suppliers

  • Experience
  • Financial stability gauges
    • EPC contractor
    • Equipment provider
  • Subcontractors
  • How does EPC view and determine milestones?
  • Four risk areas
  • Warranties/guaranties
  • Technical approach
  • Cost projections
  • Equipment supply
  • Construction
  • Environmental and permitting

2:45 – 3:00 p.m. :: Afternoon Break


3:00 – 5:30 p.m. :: Site Assessment and Independent/Owner’s Engineer Review

  • Reasonable design
  • Industry standards
  • Equipment and manufacturers track record and history
  • O&M plan and procedures
  • Equipment supplier review
  • Guaranties/warranties and contract review to avoid confliction
  • Acceptance test
  • Review of EPC performance guarantee
  • Environmental and Permitting
  • Certificate(s) for the lender

Solar Assessment and Energy Production Report

  • Solar resource
  • Global horizontal irradiance and direct irradiance
  • Data collection for one year
  • Meteorological data collection and review
  • Estimation of energy production lifespan
  • Uncertainty analysis
  • P90 energy estimate

Considerations for Interconnection, Transmission and Utility Engagement

  • How much charged for interconnection
  • Interconnection studies
  • Interconnection queue
  • Working w/utility or off-taker
  • Interconnection agreement

Incorporating Storage

  • How does adding storage to solar change the project’s complexion and economics?
  • What additional scoping and due diligence requirements are required?

5:30 p.m. :: Program Adjourns for Day


Wednesday, May 13, 2020

7:45 – 8:15 a.m. :: Continental Breakfast


8:15 – 10:00 a.m. :: Financial Metrics

  • Fundamental bases and drivers
  • Appraisal / valuation
  • Tax equity considerations
  • Renewable Portfolio Standards (RPS) incentives and penalties
  • PPA negotiation and modeling elements
  • CapEx
  • Hurdle rates
  • Return on Investment (ROI)
  • P90 scenarios
  • Curtailment exposure and impact on financial performance
  • Debt service coverage ratio (DSCR)
  • Other considerations

10:00 – 10:00 a.m. :: Morning Break


10:20 – 11:45 a.m. :: Financial Metrics (continued)

11:45 a.m. – 1:00 p.m. :: Group Luncheon


1:00 – 2:00 p.m. :: The Role of Land Rights and Title Insurance in Project Development

  • Title insurance basics
  • Energy project elements
  • Invalid contracts and property interests
  • Search complications, including unique landlords
  • Encroachment issues
  • Mineral rights
  • State-specific considerations
  • Mechanics’ liens

2:00 – 3:00 p.m. :: Risk Assessment, Risk Allocation, and Performance Guarantees

  • Natural hazards
    • Location in a high-hazard zone (earthquake, flood, or windstorm)
    • Availability of insurance
    • Cost of insurance
    • Impact on lenders interest
  • Contingent exposures
    • Lenders
    • Delays in delivery of key components
    • Potential loss of tax credits
    • Project
    • Inability to sell power if off-taker interconnection is damaged
  • Lender expectations
    • Full limits
    • Low deductibles
    • Cost-effective program
    • Claims paid on replacement-cost basis (declining costs for solar)
    • Stipulated loss insurance if loan exceeds replacement costs
  • Insurance market – availability of bond and insurance coverage

3:00 p.m. :: Symposium Adjourns

Instructors

John Agle, Counsel – Energy Specialist, Stewart Title Guaranty Company

John Agle is Energy Specialist Counsel at Stewart Title Guaranty Company.  He has nearly 40 years of experience in the title insurance industry, almost all within the commercial sub-market.  Mr. Agle has been involved in underwriting renewable energy projects for about 20 years, and has a particular passion for these projects and their enhanced complexity.  His experience extends to geothermal, wind, solar, hydro, storage, gas-fired, and biomass/biofuel projects.  He is a CA attorney, and serves on the Advisory Board of the McMillin Real Estate Center at his alma mater, San Diego State University.  Before joining Stewart Title, he was instrumental in the creation of the First American Energy Group.


Matthew Brinkman, Solar Business Unit and Regional Practice Manager, Burns & McDonnell

Matthew Brinkman is the Solar Business Unit and Regional Practice Manager at Burns & McDonnell.  In that capacity, he is responsible for business development, resource allocation, and business planning related to utility-scale solar projects.  He manages a multi-disciplinary group of 70-plus engineers and directs a $20 million annual budget for utility capital projects.  His team specializes in capital and operations & maintenance projects at existing power plants, and utility-scale solar plants.  Mr. Brinkman’s team has worked on some of the largest and most lauded solar projects in the nation, including serving as the Owner’s Engineer on the largest solar thermal plant in the world (392 MW Ivanpah) and the largest solar PV project in the United States (580 MW Solar Star).  Mr. Brinkman was appointed by Governor Janet Brewer to serve on the Arizona governor’s Solar Advisory Task Force.


Richard Cogen, Partner, Nixon Peabody LLP

Richard Cogen is a partner at the law firm Nixon Peabody LLP.  He represents project sponsors, investors and lenders with respect to the development, financing, permitting, acquisition and sale of energy, renewable energy and solid waste projects. He is the former chair of the firm’s Energy and Environmental practice group and a member of the Firm’s Policy Committee.  In the past few years, his expertise has assisted clients in acquiring, constructing and financing more than a billion dollars’ worth of solar energy projects and in developing large fossil fuel and wind electric generating facilities and electric transmission projects.


Josiah Daniel, Vice President, Insurance Risk Partners

Josiah Daniel is vice president of Insurance Risk Partners, based in Oklahoma City.  The firm provides risk consulting and insurance brokerage services to utilities, IPPs, developers, OEMs, contractors, lenders, and tax equity investors around the world.  Mr. Daniel has extensive experience supporting clients and their counsel in drafting and negotiating risk-related provisions in EPC, BOP, power purchase, interconnection, O&M, MSA, and finance agreements.  Prior to entering the insurance business a decade ago, he was an attorney with Chesapeake Energy Corporation focusing on regulatory risks impacting aspects of the company’s operations.  Mr. Daniel has been published in The Oil & Gas Financial Journal and The RMA Journal on timely insurance and financing issues facing the energy industry. 


James F. Duffy, Partner, Nixon Peabody LLP

James F. Duffy is a partner in the Boston office of the national law firm, Nixon Peabody LLP.  He serves as the Chair of the firm’s Renewable Energy Tax Credit Team and concentrates his practice on structuring and closing transactions involving federal income tax credits and other significant federal and state income tax incentives, including Production Tax Credits for wind and other forms of renewable energy, Energy Investment Tax Credits for solar and certain other forms of renewable energy.  He has represented numerous developers, investors, syndicators and lenders in structuring and closing renewable energy and other transactions around the country.  He is a member of the American, Massachusetts, and Boston Bar Associations. He has served as the chair of the Equity Finance Committee of the Real Estate Section of the Boston Bar Association and as a member of the Real Estate Steering Committee of the Boston Bar Association and is admitted to practice in Massachusetts. He is a graduate of the University of Rhode Island, B.A., summa cum laude (1978), and The Harvard Law School, J.D. (1981). 


Tony Grappone, Partner, Novogradac & Company LLC

Tony Grappone is a partner in the Boston, Mass. office of Novogradac & Company LLP, where he specializes in providing accounting, tax and consulting services to developers, syndicators and investors of projects that qualify for federal and state tax credits such as the low-income housing tax credit, historic rehabilitation tax credit, new markets tax credit and renewable energy tax credits. He has contributed several articles on renewable energy to the Novogradac Journal of Tax Credits and serves as a technical editor of the firm’s Renewable Energy Tax Credit Handbook. Prior to joining the firm, Mr. Grappone worked at Ernst & Young LLP specializing in partnership taxation within the affordable housing industry and servicing many of the nation’s largest tax credit syndicators and investors. In addition, he served several leading venture capital firms as well as commercial real estate developers and investors. Mr. Grappone serves as a member on the Northeastern University Undergraduate Accounting Group Advisory Board and is on the board of directors of the Women’s Institute for Housing and Economic Development. He received a bachelor’s degree from Northeastern University in Boston, Mass.


Ashley Wald, Partner, Holland & Hart LLP

Ashley Wald is a partner at the law firm Holland & Hart LLP.  She 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 counsels clients in the purchase and sale of energy project assets and project companies.

Location

Hyatt Regency Denver Tech Center

7800 East Tufts Avenue

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
Solar Project DevelopmentUS $ 1295.00 US $ 1495.00

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 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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