October 19-20, 2021 | Online :: Central Time
“EUCI brought a great group of presenters who made the content understandable and relatable for a non-legal professional.” –Senior Program Engineer, Colorado Energy Office
“Speakers being open to audience question during sessions are excellent and adds relevant insights into the topic discussions. Very helpful. Speakers are very approachable and friendly.” –Asset Management Specialist, Algonquin Power & Utilities
“Enjoyed the presentations and learned more than I expected. Good value for time.” –Senior Counsel, RES Americas Inc.
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 key provisions of PPAs, central legal concerns, and the allocation and mitigation of risk in PPA transactions. The course will begin with an introduction to the development and financing process. The instructors will (i) review the various general contract terms found in general PPAs , (ii) provide an overview of environmental and permitting matters that arise in the context of PPAs, (iii) discuss PPA structures and issues unique to on-site generation, community solar and projects that combine storage, and (iv) dive into corporate or financial PPA structures and issues.
This course will break down PPAs into matters that arise during the pre-commercial operation periods, topics related to the actual achievement of commercial operation, and 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, indemnification, and limitations of liability. Special consideration will be given to issues arising with distributed generation projects, alternative structures to PPAs, and issues arising in corporate PPAs.
During the course the instructors will provide and review specific contract language, and will offer methods and practices for successful negotiations, as well as an overview of valuation and market trends in the context of corporate or financial PPAs.
- 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
- Review key provisions and provisions arising under certain PPA structures
- Discuss how to appreciate and allocate legal and commercial risks
- Review non-typical PPA structures
Tuesday, October 19, 2021 – Central Time
8:45 – 9:00 a.m.
Log In and Welcome
12:30 – 1:15 p.m.
9:00 a.m. – 4:30 p.m.
Overview of Project Development and Finance (The Role of the PPA)
- Development Process
- Basics of Project Finance
- Financeability Issues in PPAs
- Legal Considerations
General Contract Terms
- Limits of Liability
Pre-COD and COD Issues
- Conditions to Effectiveness
- Development & Construction
- Declaration of Commercial Operation
- Permissible Delays
- Performance Security
- Liquidated Damages
COD & Post-COD Issues
- Sale of Energy & RECs
- Metering & Payment
- Typical Issues Arising during Operations
- Operations & Maintenance
- Changes in Law
Environmental Issues in PPAs
- Environmental Law: Definitions and Representations
Storage, Distributed Generation, Community Solar Net Metering
- Net Metering
- Combination Storage + Generation PPAs
- On-Site Generation
- Community Solar PPAs
Wednesday, October 20, 2021 – Central Time
8:45 – 9:00 a.m.
9:00 – 11:00 a.m.
- Available Structures
- Financial PPAs and Contracts for Differences
- Provisions to Consider
- Marketing Claims
Ashley K. Wald, Partner, Holland & Hart LLP
Ashley Wald provides sophisticated 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 assists her clients at all stages of energy project development and finance, from site acquisition through commercial operation, with particular emphasis on construction contracts and power purchase agreements. In addition, Ashley negotiates power purchase agreements on behalf of purchasers of clean power, including municipal utilities and electric cooperatives. She is uniquely positioned to provide insights and strategic solutions based on her experience sitting on both sides of the negotiating table. She also counsels clients in the purchase and sale of energy project assets and project companies.
Leslie S. Boyle, Partner, Holland & Hart LLP
Leslie Boyle advises clients in connection with their commercial transactions and the development, financing, and operation of large infrastructure projects. Leslie negotiates the contracts required for every stage of a project’s life cycle, including the contracts required for a project’s day-to-day operation and revenue generation. She also advises clients in the negotiation of joint ventures for the development and operation of infrastructure projects.
Her clients range from national midstream oil and gas companies, independent power producers, and mining companies, to apparel retailers and equipment manufacturers.
Rochelle Rabeler, Partner, Holland & Hart LLP
Rochelle counsels developers, investors, sponsors, and independent power producers in connection with wind, solar, storage, and other energy projects throughout the United States, varying in size from 100 kW to 1000+ MW. Both buyers and sellers benefit from Rochelle’s comprehensive experience guiding clients through each nuance of project development contracts, mergers and acquisitions, and debt and equity financings, including ISDA and other hedge and swap agreements. Rochelle specializes in power purchase agreements (PPAs) and has extensive experience representing parties in the negotiation of traditional physical offtake PPAs and also financial and virtual PPAs or contracts for differences. To date, Rochelle has helped clients successfully negotiate and execute corporate PPAs for wind and solar projects totaling more than 1 GW in the aggregate.
Jill Van Noord, Of Counsel, Holland & Hart LLP
Jill Van Noord focuses on counseling clients in regulatory compliance and permitting, with a special emphasis on air quality-related issues. Her expertise also includes working with clients on the environmental aspects of developing, constructing and operating power generation and energy infrastructure projects in the U.S. In addition, Jill regularly represents clients in enforcement actions before state agencies and the Environmental Protection Agency as well as negotiating settlements of disclosures of issues identified through systematic environmental audits and investigations. Her clients include mining, manufacturing, oil and gas, and electric generation companies.
Adam Weber, Cleantech Specialist, Schneider Electric
Mat Loving, Head of Commercial for the NEO Network, Schneider Electric
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.
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
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 log on each day and be in attendance for the entirety of the course to be eligible for continuing education credit.
PowerPoint presentations and classroom discussion will be used in this course for each learning outcome.
Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.
Course CPE Credits: 11.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Beginner/Intermediate
Delivery Methood: Group-Live
Advanced Preperation: None
EUCI 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.