By - Jon Brown

Working with Electric Utility Contracts (Without a Law Degree)
November 13-14, 2019 | Denver, CO

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Overview

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 basics of reviewing, drafting, and interpretation of contracts. They will identify common themes, language, and provisions in legal agreements and provide suggestions as to how the non-lawyer can provide insights and input into the completion of successful negotiations and sound contracts. 

Second, the instructors will highlight the legal framework and fundamental provisions in several specific documents frequently used in the energy industry (NDAs, PPAs and EPC contracts). 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” and “boilerplate” provisions commonly found in contracts. 

Learning Outcomes

  • Identify key provisions of the major agreements used in the electric utilities industry 
  • Review basic legal terminology and concepts providing familiarity and comfort to those working with the agreements 
  • Discuss how to improve poorly-drafted provisions (and when to get the legal team involved)
  • Assess 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 and EPC contracts
  • Evaluate sample agreements and draft new provisions to address flaws identified within the samples 
  • Review “tricks of the trade” for contract negotiations and management

Credits

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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 1.1 CEUs for this event.

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.

Instructional Methods

This program will use PowerPoint Presentations, group discussions, as well as active participation.

Agenda

Wednesday, November 13, 2019

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
    • Structure
    • Objectives
      • Enforceability
      • Define parties, relationships, and responsibilities
      • Allocation of risks
      • Integrated infrastructure
      • Prepare for financing
    • Boilerplate provisions
      • Notice
      • Force majeure
      • Others
    • A few legal concepts
      • Indemnities
      • Liability limitations
      • Damages
    • Overview of common agreements and key provisions
    • Common drafting errors

In-Depth Review: Power Purchase Agreements

  • General structure
  • Overview of key provisions
  • Negotiating points

Thursday, November 14, 2019

8:00 – 8:30 a.m. :: Continental Breakfast

8:30 a.m. – 12:00 p.m. :: Course Timing


In-Depth Review: Power Purchase Agreements (Continued)

  • Security
  • Dispute resolution
  • Defaults, cure, remedies

In-Depth Review: EPC Agreements


In-depth Review of Non-Disclosure and Confidentiality Agreements and Interactive Session

  • Confidentiality agreement
    • Read sample agreement provisions
    • Discuss potential drafting flaws
    • Make “real-time” revisions
    • Review Redlines

Question-and-Answer Session

Instructors

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.


Nate Davis, Associate, Holland & Hart


Nick Venetz, Associate, Holland & Hart


Ashley Ewing, Associate, Holland & Hart


Chris Boling, Associate, Holland & Hart

Location

The Halcyon Hotel

245 N Columbine St

Denver, CO 80206

Reserve your room:

please call 1-303-628-5474

Click here to book online.

Room Block Reserved For:

Nights of November 12 – 13, 2019

Room rate through EUCI:

$229.00 single or double plus applicable taxes
Make your reservations prior to October 13, 2019.

Register

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