Energy Storage (ESS) Contracts & Service Agreements

January 23-24, 2025 | Online :: Central Time

0125-storage-contracts

“Seminars provide a high-level overview for current industry challenges.” Manager of Power Supply, Wolverine Power Cooperative

“Simply superb course.” Project Manager, Soltec (USA)

The structure of off-take contracts and power purchase agreements (PPAs) employed for renewable energy generating facilities do not necessarily translate well to energy storage, especially since they lack flexibility to accommodate a battery energy storage system’s  (ESS) multiple uses.  Therefore, when creating and negotiating the multiple contracts and agreements associated with ESS off-takers, it is critical for all parties to understand the way(s) in which the storage system will be used:

• as a generation resource
• as load
• as grid support
• as transmission or distribution infrastructure

This course covers the key issues and provisions that need to be considered when negotiating these energy storage contracts and agreements:

• Capacity or Tolling Agreement (sometimes called an energy storage PPA)
• BESS Supply Agreement / Energy Storage Services Agreement / Energy Management Services Agreement
• Balance of Plant / EPC Agreement
• Long-term Services Agreement (LTSA or O&M agreement)

The program will provide a blueprint for project developers, utilities, and other power off-takers to structure their off-take contracts and service agreements to reduce uncertainties and maximize performance of their energy storage deployment. 

Learning Outcomes

• Review the key issues and contract provisions for energy storage projects 
• Examine the energy storage functions as they relate to ESSAs and off-take contracts 
• Explain contract negotiations, contracting parties and operations management
• Evaluate how a stuttering supply chain and clogged interconnection queues influence the energy storage services ESSAs and off-take contracts
• Discuss how the various policy and institutional drivers for energy storage need to be addressed in ESSAs and energy storage off-take contracts
• Identify how the storage-specific aspects of the Inflation Reduction Act (IRA) require contractual refinements

Thursday, January 23, 2025 : Central Time

9:00 – 9:15 a.m. :: Overview & Introductions

9:15 – 10:45 a.m. :: Setting the Energy Storage Services (ESSA) and Off-take Contractual Context 

• Background of energy storage (BESS) in the grid
  • Terminology
  • Technology comparisons
  • Trends
  • Industry trajectories
  • Co-location vs. hybrid vs. standalone operation
  • Supply chain dynamics and uncertainty
• Storage deployment scenarios
  • As wires (transmission)
  • As generation
  • As grid support
• Project development and transaction landscape
  • Players and roles
  • Competitive market evaluation
  • Decision – build, buy or rent (PPA)

10:45 – 11:00 a.m. :: Morning Break

11:00 a.m. – 12:30 p.m. :: Setting the Energy Storage Services (ESSA) and Off-take Contractual Context   (continued)

• Key storage metrics
  • Capital cost/life trends
  • Modeling inputs
• Market applications
  • ISO/RTO wholesale electricity market values
  • Hybrid and co-located storage
• Performance components of storage contracts – operations and optimization
  • Warranty and performance guarantees
  • O&M and LTSA
  • Testing and maintenance
• Types of off-take contracts and service agreements
  • Capacity or Tolling Agreement / PPA
  • BESS Supply Agreement / Energy Management Services Agreement (EMSA) / Energy Storage Services Agreement / ESSA
  • Balance of Plant / EPC Agreement
  • Long-term Services Agreement (LTSA) / O&M

12:30 – 1:15 p.m. :: Lunch Break

1:15 – 3:00 p.m. :: Translating Key Provisions of Storage Contracts and Service Agreements into Operational Terms

• Off-take contract and ESSA key provisions
• Managing the division of responsibilities between EPC and BESS supply contracts
• Energy storage contract interactions between:
  • Off-take
  • Interconnection
  • EPC
  • BESS supply
  • O&M
• Evaluating BESS O&M, aka long-term service agreements (LTSAs)
• Importance of distinguishing between BESS maintenance vs. BESS operations
• Assessing performance guarantees and warranties
• Quantifying liquidated damages

3:00 – 3:15 p.m. :: Afternoon Break

3:15 – 4:45 p.m. :: Externalities that Influence Energy Storage Contracts and Services Agreements

• Inflation Reduction Act
• Procurement
• Supply chain
• Scheduling
• Interconnection queues
• EPC impacts on storage contracts

4:45 p.m. :: Course Adjourns for Day

 

Friday, January 24, 2025 : Central Time

 

9:00 – 10:30 a.m. :: Energy Storage Off-take Contract and Terms

• Overview of project development and finance
• Contract considerations
• Key off-take contract structures
• Key contract terms
  • Payment structures
  • Performance testing and guarantees
  • Conditions precedent
  • Development milestones, delays, and damages
  • Force majeure
  • Change of law
  • Credit support
  • Events of Default
  • Assignability

10:30 – 10:45 a.m. :: Morning Break

10:45 a.m. – 12:00 p.m. :: Executing Energy Storage Supply and Services Agreements

• Supply contracts terms
• Integrator agreements terms
• Balance of plant / EPC contracts terms
• O&M and service contracts terms

12:00 – 1:00 p.m. :: Lunch Break

1:00 – 2:45 p.m. :: The Balancing Act Between Commissioning, Operational Performance, and Warranties in Energy Storage Contracts and Services Agreements

• Battery storage operational issues
• Lessons learned from current contracts and/or operations
• ISO/RTO regulations and market structures
• Dispatching batteries in the market vs. warranty project operating assumptions

Panel Discussion

2:45 p.m. :: Course Adjournment

Shivam Chauhan is a Consultant in Emerging Technologies at Customized Energy Solutions.  He joined CES in 2019 with focus on IESA activities and consulting services related to the area of energy storage and conversion technologies for various applications such as automotive, stationary power, portable power and grid scale storage.  Mr. Chauhan has in depth understanding of various energy storage technologies, electric mobility and renewable energy. Prior to joining CES, he has also worked on projects for National Institute of Solar Energy (N.I.S.E.)-India and the Indian Army.  Mr. Chauhan holds a Master of Technology in Renewable Energy Engineering and Management from The Energy and Resource Institute (TERI) University, Delhi, India as well as a Bachelor of Technology degree in Electrical and Electronics Engineering from G.L. Bajaj, Greater Noida, India.

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Madeline Frierson is Lead Consultant of Emerging Technologies at Customized Energy Solutions.  She joined CES in 2024. Prior to joining the firm, she worked at Malta, a Long Duration Energy Storage technology company where she supported the commercialization of the OEM’s thermal energy storage product by analyzing and developing the US LDES market. Before her service at Malta, Ms. Frierson started her career with General Electric in roles in both the company’s Gas Turbine and Grid Connections service lines. At GE, she managed the commercial operations process for a number of key customers located across the United States for a wide variety of product offerings and was a graduate of the Commercial Leadership program, a two-year program focused on servicing the US energy markets.  Ms. Frierson holds a B.S of Chemical Engineering from Villanova University.

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Devin Gaby is Associate Director of Emerging Technologies at Customized Energy Solutions (CES).  He joined the firm in 2024. He is a clean energy valuation expert with extensive experience supporting developers, utilities, co-ops, CCAs, and utility commissions identify the right solutions for their system.  Prior to CES, Mr. Gaby worked at Strategen Consulting, where he led quantitative analyses for renewables and energy storage serving as an expert witness in IRP proceedings. He also led the development of clean energy replacement strategies for fossil fuel generation in utilities across the country. Before his service at Strategen, he managed several software services for Ascend Analytics, including the implementation of gross margin at risk models for portfolios with market price exposure to guide hedging and risk mitigation strategies in CAISO, ERCOT, NYISO, PJM, and other regions.  Mr. Gaby earned a M.S. of Civil and Environmental Engineering with a focus on Energy, Civil Infrastructure and Climate from UC Berkeley and a B.S. of Physics and Mathematics from Dickinson College in Carlisle, Pennsylvania.

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Kasturi Pattalwar is an Analyst in Financial Services at Customized Energy Solutions (CES).  She joined the firm in 2015.  In her role, she has been involved in financial modelling, analysis and consulting for various projects in India and USA. Her work focuses on comprehensive analysis of energy storage market providing investment analysis and pricing forecasts based on respective market regulations.  Prior to CES, she worked with Reliance Energy Ltd., in electricity distribution business of Mumbai as Assistant Manager for engineering and procurement services. Her experience includes network expansion planning, equipment specification designing, vendor management as well as technical evaluation of bids.  Ms. Pattalwar earned a Masters of Business Administration in Finance from Welingkar Institute of Management, Mumbai, India; Bachelor of Electrical Engineering from College of Engineering Pune, India.

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Rochelle Rabeler is a partner at the law firm Holland & Hart.  She counsels developers, investors, sponsors, and independent power producers in connection with wind, solar, storage, and other energy projects throughout the U.S., varying in size from 100 kW to 1000+ MW. Ms. Rabeler works with both buyers and sellers, guiding them through each nuance of project development contracts, mergers and acquisitions, and debt and equity financing, including ISDA and other hedge and swap agreements. She specializes in power purchase agreements (PPAs) and has extensive experience representing parties in the negotiation of traditional physical off-take PPAs and also financial and virtual PPAs or contracts for differences. To date, Ms. Rabeler has supported clients successfully negotiate and execute corporate PPAs for wind and solar projects totaling more than 2 GW in the aggregate.

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Ashley Wald is a Partner in the law firm Holland & Hart LLP.  She provides 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 negotiates power purchase agreements on behalf of clients seeking to buy renewable power, including municipal utilities and electric cooperatives, and she is uniquely positioned to provide insights and strategic solutions based on her experience sitting on both sides of the negotiating table.  In addition, Ms. Wald counsels clients in the purchase and sale of energy project assets and project companies.

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Brian Warshay is a Principal of the Energy Storage Engineering section and Team Lead for Energy Storage Independent Engineering at DNV.  He has more than a decade of experience researching and evaluating and developing large-scale behind-the-meter and front-of-meter energy storage and electric vehicle projects that incorporate wholesale energy market revenues.  Mr. Warshay has worked with utilities and retailers to develop VPPs and procure energy storage and electric vehicles for a variety of grid services. At DNV, he supports project work that incorporates project and product financial and contractual analysis and retail rate policy assessment. He also works with clients developing strategies to incorporate energy storage and electric vehicles into their portfolios and those entering new markets with storage products.   Mr. Warshay’s team has led or supported the due diligence of some 1.5 GWh of standalone and hybrid energy storage projects in North America totaling in excess of $1bn in equity and debt financing transactions.

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Ann Yu is Vice President of Emerging Technologies at Customized Energy Solutions (CES).  She assists clients with evaluating the costs and benefits of emerging technologies under different market structures.  Ms. Yu has extensive experience in modeling the technical and economic aspects of energy storage and other emerging technologies. Her work includes developing use cases and value proposition of integrating energy storage with renewable energy projects and evaluating the technical capabilities of various types of energy storage technologies in both structured markets and isolated electric grids. Prior to joining CES, Ms. Yu helped a leading energy storage manufacturer evaluate new market opportunities and manage operating projects. She holds an MS in Civil Environmental Engineering from Carnegie Mellon University and a Bachelor’s degree in Physics from National Taiwan University, Taipei, Taiwan.

 

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.

• Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
• You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
• 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 attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

Energy Storage (ESS) Contracts & Service Agreements

January 23-24, 2025 | Online

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 December 20, 2024 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

Requirements For Successful Completion Of Program

Participants must log in each day and be in attendance for the entirety of the conference to be eligible for continuing education credit.

Instructional Methods

Case studies and PowerPoint presentations will be used in this program.

Course Credits 

EUCI can provide CEU credits, CPE credits, or a simple Certificate of Course Completion (shows total course hours (PDH).  We can also assist with CLE applications.  Registrants requiring CLEs should make their request in advance of their course.

IACET Credits

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 1.1 CEUs for this event

Verify our IACET accreditation

Who recognizes IACET Credits?

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CPE Credits

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

Course CPE Credits: 13.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
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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Colorado CLE Credits

EUCI is authorized by the Colorado Supreme Court to offer 13 credits for this course.

The Colorado Office of CLJE has accredited this continuing legal education program (Energy Storage (ESS) Contracts & Service Agreements) 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 13 CLE Credits.

 

Who Should Attend

Individuals working in the following areas will benefit from attending this event:

• Distributed level renewable energy project developers
• Grid level renewable energy project developers
• Utility management
• Technical staff
• Regulators
• RTOs/ISOs
• Consultants
• Equipment manufacturers
• Renewable systems
• Solicitation / Procurement staff
• Resource Planning staff
• Transmission staff
• Distribution staff
• Regulatory staff
• Storage vendors