Renewable Energy PPAs

October 24, 2023 | Denver, CO and Online

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“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

“The Renewable Energy PPA seminar is an excellent course for in-house counsel involved in renewable project development.” – Duke Energy

“This was well organized and well run. Good for a variety of professionals.” – Associate Asset Manager, EDF Renewables

“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. 

Our expert instructors will cover a wide range of information from development to financing and procurement:

• Review of the various general contract terms found in PPAs
• Overview of environmental and permitting matters that arise in PPA negotiations
• 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
• Limitations of liability

During the course, the instructors will provide and review specific contract language and will offer methods and practices for successful negotiations. Examples of problems that have arisen both before and after project completion will be given, and the solutions to these problems will be discussed.

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 
• 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 24, 2023 : Mountain Time

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
• Indemnification
• Boilerplate

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 
• Curtailments 
• Typical Issues Arising during Operations 
• Defaults 
• Operations & Maintenance 
• Changes in Law 

Storage, Distributed Generation & Community Solar

• Net Metering
• Combination Storage + Generation PPAs
• On-Site Generation
• Community Solar PPAs

Corporate PPAs

• Available Structures
• Financial PPAs and Contracts for Differences
• Provisions to Consider
• Trends

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.

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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.

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Morgan Thompson, Associate, Holland & Hart LLP

Morgan counsels clients in the energy and resources industry at all stages of project development and financings. She assists clients primarily in the renewable energy space in matters spanning from early-stage project development through to operation. Her practice includes drafting of agreements and contracts, buying and selling of projects, and additional strategic transactions. Additionally, Morgan counsels companies on matters including mergers and acquisitions and commercial transactions.

Before joining Holland & Hart, Morgan participated in the firm’s summer clerk program. She also served as a law clerk for the Honorable Scott W. Skavdahl of the U.S. District Court of Wyoming and as a legal intern at the Wyoming Attorney General’s Office.

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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. 

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Bethanie Wallace, Associate, Holland & Hart LLP

Bethanie utilizes her years of experience as both an energy engineer and an attorney in the energy industry to bridge the gap between engineering and the law.

Bethanie counsels clients on a wide range of transactions in the energy industry with a particular focus on renewable energy matters. She regularly advises clients on project development matters, including power purchase agreements and other long-term offtake agreements, engineering, procurement and construction contracts, equipment supply and warranty agreements, and operation and maintenance agreements for solar, wind, and geothermal assets.

Before joining Holland & Hart, Bethanie worked as an energy engineer where she conducted energy audits, developed building energy models to improve building energy efficiency, and designed solar and combined heat and power systems. Additionally, she worked as an associate in an international law firm in the Energy & Infrastructure practice group.

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Ying Wang, Of Counsel, Holland & Hart LLP

Ying is an experienced and trusted advisor to energy and resources clients, guiding them through project development and finance and general corporate matters. Her extensive energy industry knowledge, bolstered by her academic background in science and technology, helps Ying to tailor her legal advice to help clients in achieving their business objectives. She is experienced in assisting energy clients in all stages of project development and finance and supporting them in structuring strategic transactions and contract negotiations.

Before joining Holland & Hart, Ying worked in-house at a renewable energy company and served as an associate at two Am Law 100 firms in Washington, DC and Texas.

REGISTER NOW FOR THIS EVENT:

Renewable Energy PPAs

October 24, 2023 | Denver, CO

Buy 4 in-person seats and only pay for 3! For this event every fourth in-person attendee is free!

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 22, 2023 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

Credits

IACET Credits

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 0.8 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.

Instructional Methods

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

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

Course CPE Credits: 9.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group-Live
Advanced Preparation: 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. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

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CLE Credits

The Colorado Office of CLJE has accredited the continuing legal education program (Renewable Energy PPAs) under C.R.C.P. 250. Colorado attorneys and judges who attend this entire seminar, i.e., who attend or complete all accredited, educational sessions, may claim 8 CLE Credits.