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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 the legal impact of, and allocation of risks under, key PPA provisions. 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 most non-PPA project agreements that directly impact the PPA negotiations, and provide an overview of environmental and permitting matters that arise in PPA negotiations.
The course will break PPA issues into those which arise or play out during the pre-commercial operation period, those related to the actual achievement of commercial operation, and the 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, limitations of liability, and transmission and interconnection issues that arise in the PPA.
During the course, attendees will also learn about issues that are unique to PPAs for solar, biomass, wind, and other renewable energy resources, variations on the typical PPA finance structure, and the factors that impact the relative leverage positions or strengths/weaknesses of the parties negotiating the PPA. 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
- Analyze issues that arise during operations and how to allocate legal risk
- Discuss government incentives for solar PPAs and review utility scale projects
- Review other renewables such as biomass, biofuels and wind, and programs utilizing these technologies
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.
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.
Monday, October 16, 2017
8:00 – 8:30 a.m. :: Registration and Continental Breakfast
8:30 – 9:30 a.m. :: Overview of Development and Finance (The Role of the PPA)
- Development Process
- Project Risks
- Project Structure
- Basics of Project Finance
- Financeability Issues in PPAs
9:30 – 10:30 a.m. :: Power Procurement, RFPs, and the Bidding Process
- Competitive Procurement
- Bilateral Negotiations
- RFP Process
- Types of Submissions
10:30 – 10:45 a.m. :: Morning Break
10:45 – 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
- Change in Law
4:00 – 4:30 p.m. :: Interconnection and Transmission Issues
- Types of Agreements
- Types of Service
- Alternatives to Transmission
4:30 – 5:00 p.m. :: Q&A
Tuesday, October 17, 2017
8:00 – 8:30 a.m. :: Continental Breakfast
8:30 – 9:15 a.m. :: Environmental Issues in PPAs
- Environmental Representations and Covenants
- Species Issues
9:15 – 10:15 a.m. :: Prepaid PPAs
- Benefits & Unique Issues
- Seller’s Role as Lender
- Defaults and Remedies
10:15 – 10:30 a.m. :: Morning Break
10:30 – 11:15 a.m. :: Solar PPAs and Distributed Generation
- Distributed Generation
- Government Incentives
- Solar Hybrid Projects
- Utility Scale Projects
11:15 a.m. – 12:00 p.m. :: Q&A
Ashley K. Wald, Partner, Holland & Hart LLP
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.
Leslie S. Boyle, Partner, Holland & Hart LLP
Ms. Boyle advises clients in a wide range of industries in connection with their commercial transactions and the development, financing, and operation of large infrastructure projects. Her clients range from national oil and gas companies, mining companies, and independent power producers to apparel retailers and equipment manufacturers.
Ms. Boyle negotiates the contracts required for every stage of a project’s life cycle, including engineering, procurement, and construction services agreements, major equipment supply agreements, operations and maintenance agreements, master services agreements, power purchase agreements, and energy exchange agreements, and she represents clients as they buy, sell, and finance projects. Ms. Boyle also advises clients in the structuring and negotiation of joint ventures for the development and operation of infrastructure projects.
Elizabeth A. Mitchell, Partner, Holland & Hart LLP
For over 20 years, Ms. Mitchell has helped major national and international companies to reduce environmental risks and enhance their environmental compliance. Her clients include manufacturing, pharmaceutical, agricultural, conventional and renewable energy, and mining companies. Ms. Mitchell regularly advises these and other entities on environmental and regulatory issues associated with mergers and acquisitions, project finance, environmental compliance, permitting, securities filings, and enforcement matters. Furthermore, she has extensive experience handling a variety of infrastructure, energy, and environmental projects.
Ms. Mitchell works with domestic and foreign clients on the environmental aspects of energy and industrial projects in the U.S., from site selection and permitting, to financing, to environmental compliance requirements. She regularly advises developers and lenders regarding environmental aspects of financing commercial and industrial projects. Her work includes the assessment of environmental systems through environmental audits and investigations, as well as the development of environmental management systems.
1405 Curtis Street
Denver, CO 80202
To reserve your room, please call 1-303-571-0300
Please indicate that you are with the EUCI group to receive the group rate.
The room rate is $209.00 single occupancy plus applicable taxes.
Room Block Dates:
A room block has been reserved for the nights of October 15 – 16, 2017.
Rate Available Until:
Make your reservations prior to September 25, 2017. There are a limited number of rooms available at the conference rate. Please make your reservations early.