This course is designed to provide developers of energy projects, those working at electric utilities, and other non-legal professionals in the energy industry with an overview of the structure and mechanics of contracts commonly encountered in the industry. The course has two major points of focus: first, the instructors will offer information and insight into the basic design, drafting, and interpretation of utility contracts. They will identify common themes, purposes, and provisions in legal agreements and provide suggestions on how the non-lawyer can provide insight and input into the completion of successful documents.
Second, the instructors will highlight the legal framework and fundamental purpose of documents frequently used in the energy industry. They will break down and analyze key provisions and will help participants gain familiarity and comfort with legal terminology and concepts. Participants will have an opportunity to read sample agreement provisions, identify drafting flaws, and discuss ways to address and resolve those issues. The session will provide the participants with a better understanding of the intricacies involved with drafting and interpreting various terms and conditions and will attempt to demystify some of the “legalese” or “boilerplate” provisions commonly found in contracts.
- Identify the fundamental purpose and key provisions of the major agreements used in the electric utilities industry
- Discuss the importance of non-disclosure and confidentiality agreements to the contracting process
- Describe the role of non-binding agreements such as term sheets and letters of intent
- Analyze the most significant terms and conditions in the power purchase agreement, construction contracts, operation and maintenance (O&M) agreement, and shared facilities agreements
- Review basic legal terminology and concepts providing familiarity and comfort to those working with the agreements
- Evaluate sample agreements and draft new provisions to address flaws identified within the samples
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.
Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.
Course CPE Credits: 12.0
There is no prerequisite for this Course.
Program Level: Beginner
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.
Requirements for a Successful Completion of Program
Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.
This program will use PowerPoint Presentations, group discussions, as well as active participation.
Thursday, November 30, 2017
8:00 – 8:30 a.m. :: Registration and Continental Breakfast
8:30 a.m. – 5:00 p.m. :: Course Timing
12:00 – 1:00 p.m. :: Group Luncheon
Basics of Contracting
- Basic contracting principles
- Role of attorneys
- Essential elements
- Define parties, relationships, and responsibilities
- Allocation of risks
- Integrated infrastructure
- Prepare for financing
- Boilerplate provisions
- Overview of common agreements and key provisions
- Non-disclosure and confidentiality agreements
- Term sheet/letter of intent
- Interconnection agreement
- Transmission agreement
- Supply agreement
- Construction contract
- O&M agreements
- Real property documents
- Shared facilities agreements
- Joint venture agreements
- Confidentiality agreement
- Read sample agreement provisions
- Discuss potential drafting flaws
- Make “real-time” revisions
Friday, December 1, 2017
8:00 – 8:30 a.m. :: Continental Breakfast
8:30 a.m. – 12:00 p.m. :: Course Timing
Power Purchase Agreements
- General structure
- Key provisions
- Sale and purchase obligations
- Mechanics of COD
- Completion risk
- Change in law
- Excusable delay/force majeure
- Delay damages
- Dispute resolution
- Defaults, cure, remedies
Ashley K. Wald, Partner, Holland & Hart
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.
Christie DiNapoli, Associate, Holland & Hart
Christie DiNapoli advises public and private companies in debt and equity financings, mergers and acquisitions, and corporate governance issues. She also counsels early stage companies and nonprofit corporations on formation, financing, governance, and compliance matters. Prior to joining Holland & Hart, Christie worked as an associate in the Boston office of Wilmer Cutler Pickering Hale and Dorr LLP. Christie is admitted to practice in Colorado and in Massachusetts.
Christie represents public and private companies with a variety of corporate transactions, including:
- Initial public offerings
- Follow-on offerings
- Mergers and acquisitions
- Venture capital financings
- SEC reporting and compliance
Ashley Ewing, Associate, Holland & Hart
Ashley advises clients in a variety of industries in connection with mergers and acquisitions, project development, financing, and business and commercial transactions, with a particular emphasis in the energy and infrastructure sector.
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 $149.00 single occupancy plus applicable taxes.
Room Block Dates:
A room block has been reserved for the nights of November 29 – 30, 2017.
Rate Available Until:
Make your reservations prior to November 1, 2017. There are a limited number of rooms available at the conference rate. Please make your reservations early.