Renewable Energy PPAs
October 16-17, 2017
Denver, CO

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Overview

Interested in bringing a course to your location? Do you have 10 or more people needing training?

We would love to help! Call us at 303-770-8800 or email [email protected] to discuss special pricing and information.

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.

Learning Outcomes

  • 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

Credits

AP_Logo

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

Instructional Methods

PowerPoint presentations and classroom discussion will be used in this course for each learning outcome.

Agenda

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
  • Indemnification
  • Boilerplate

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
  • Curtailments
  • Typical Issues Arising during Operations
  • Defaults
  • 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

Instructors

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.

Location

The Curtis
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.

You can click here to book online. 

Room 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.

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, September 29, 2017
Standard RateAttendees
Renewable Energy PPAsUS $ 1195.00 US $ 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 September 15, 2017 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