Working with Electric Utility Contracts for Non-Lawyers

Working with Electric Utility Contracts for Non-Lawyers

May 4-5, 2022 | Online :: Central Time

“The program was very relevant for non-lawyers working in the utility sector, particularly with utilities.” – Avangrid

“Both speakers did an excellent job. They were extremely knowledgeable in the material and presented it in a clear and concise manner.” – Avangrid

“Great and informative. EUCI offers online learning that assists my industries on multiple levels.” – SECO Energy

This program will provide attendees with an in-depth account of how industry contracts are structured and will review all elements from beginner terminology to real-world application. 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, risks, and more.

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 the essential elements of a valid contract, including its structure, enforceability and usability, relationships and obligations, and risk
  • Discuss the prerequisites for utility contracting (i.e. requirements, cybersecurity, confidentiality, invoicing, and more)
  • Differentiate common legal terminology and concepts, as well as liability, disputes, litigations, and boilerplate provisions
  • Experience a practical approach to PPAs, EPC contracts, and common agreements and key provisions through real-world examples

Agenda

Wednesday, May 4, 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. – 4:30 p.m.
Course Timing

 

Basics of Utility Contracting

  • Essential Elements of a Valid Contract
    • Contract Structure – Working with Utility Form Agreements
    • Objectives
      • Enforceability and Usability (Contract Administration)
      • Defined Relationships and Obligations
      • Allocation of Risk
  • Prerequisites for Utility Contracting – Utility Policies and Protocols (Supply Chain, Energy Transactions, Capital Projects)
    • Contractor Requirements
      • Contractor Safety Program
      • Administrative Control Directives (Fit for Duty / Access Authorization Screening / Other)
      • Code of Conduct
      • Diversity Requirements / EEOC
    • Cybersecurity / Information Security
    • Confidentiality
      • Regulatory Obligations: NERC/FERC/NRC
      • Personal Information / Customer Usage Data
      • Proprietary Information / Trade Secrets
      • Publicity
    • Invoicing
    • Quality Management / Inspection / Testing / Documentation
    • Insurance
    • Financial Security: Letter of Credit / Performance Guarantee
    • Audit
    • Taxes
    • Offshore Work and Data Transfer
  • Legal Concepts
    • Utility Regulation (State and Federal)
      • Cost Recovery / Service Quality / Affiliated Transactions / Resource Planning and Acquisition / Certificates of Public Convenience and Necessity
      • Environmental Compliance
    • Subcontractors / Contractor Liens / Bonding / Lien Waivers and Releases
    • Change Orders / Change in Law
    • Warranty
    • Termination for Convenience and Termination for Default
    • Force Majeure – COVID-19
    • Title and Risk of Loss
    • Taxes
    • Order of Precedence
    • Contract Exhibits
  • Liability / Disputes / Litigation
    • Breach and Events of Default
    • Indemnification
    • Limitation of Liability
    • Dispute Resolution
  • Boilerplate Provisions (Choice of Law; Assignment; Waiver; Severability; Integration; Counterparts)

Interactive Session – Common Agreements and Key Provisions

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

Thursday, May 5, 2022 : Central Time

8:45 – 9:00 a.m.
Log In

9:00 a.m. – 12:00 p.m.
Course Timing

In-Depth Review: Power Purchase Agreements

  • General Structure
  • Financing
  • Key Provisions
    • General Commercial Terms
    • Conditions Precedent – Regulatory Approvals
    • Development Milestones
    • Operational Obligations
    • Performance Guarantees
    • Events of Default / Termination
    • Insurance Requirements
    • Credit and Collateral
    • Project Financing
    • Environmental Compliance

In-Depth Review – Engineering, Procurement and Construction Agreements

    • General Structure
    • Utility-Specific Characteristics

Negotiating Strategies

Instructor

 

Matthew A. Sanders, Attorney, Taft Law

As a member of the Energy Practice Group at Taft Law, Matthew represents utilities, developers, contractors, and end-use customers nationwide in energy- and construction-related transactions, including infrastructure development, construction contracts (EPC, subcontractor, etc.), power purchase agreements (PPAs), interconnection matters, equipment supply, software agreements, professional services, and supply chain. He has worked on matters supporting all types of energy infrastructure – renewable, fossil, nuclear, biomass, transmission, distribution, and utility operations.

 

Matthew’s representation of clients in commercial matters is informed by his work on numerous contested cases before state public utilities commissions (rate cases, resource acquisition, siting, miscellaneous, etc.), and he understands how the need for cost recovery must inform utility decisions to achieve efficient outcomes.

 

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.

Register

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 Seat - Working with Electric Utility Contracts for Non-LawyersUS $ 1295.00
Pack of 5 SeatsUS $ 5,180.00
Pack of 10 SeatsUS $ 9,065.00
Pack of 20 SeatsUS $ 15,540.00
Call us at 303.770.8800 if you have any specific questions on the volume discounts
* all other discounts do not apply to seat packs

By registering I indicate I agree with EUCI's privacy policy and understand I may receive emailed reports, articles, event invitations and other information related to products and services from EUCI and any of our business partners. I understand I may unsubscribe at any time by clicking the link included in emails.

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 01, 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

Secured By:

CEUs

Who Should Attend

  • Utility and contractor/vendor professionals (both contracting and business unit personnel) that work with all forms of utility contracting, including normal goods and services, procurement, capital projects, purchased power, major supply, EPC, professional services, consulting services, etc.
  • Utility and contractor/vendor professionals who are involved with project development, project management, RFP development, corporate initiatives, and vendor negotiations
  • Utility professionals who manage vendor policies and protocols or coordinate interaction among various utility departments

Credits

AP_Logo

EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 1.0 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 course to be eligible for continuing education credit. 

Instructional Methods

PowerPoint presentations, group discussions, as well as active participation will be utilized.


Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 11.5
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 Preparation: 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

  • Utility and contractor/vendor professionals (both contracting and business unit personnel) that work with all forms of utility contracting, including normal goods and services, procurement, capital projects, purchased power, major supply, EPC, professional services, consulting services, etc.
  • Utility and contractor/vendor professionals who are involved with project development, project management, RFP development, corporate initiatives, and vendor negotiations
  • Utility professionals who manage vendor policies and protocols or coordinate interaction among various utility departments