Renewable Energy PPAs

October 22, 2024 | Denver, CO and Online :: Mountain 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

“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 (PPA) seminar is designed for professionals in the renewable energy industry who want to deepen their understanding of key provisions in PPAs. Here are some highlights from the seminar:

• General Contract Terms: The seminar covers various contract terms commonly found in PPAs.
• Environmental and Permitting Matters: Learn about environmental considerations and permitting issues that arise during PPA negotiations.
• Risk Allocation: Understand how risk is allocated during curtailments and other scenarios.
• Change in Law Risk: Explore managing risks related to changes in laws and regulations.
• Milestone Completion: Discover the process and requirements for declaring milestone completion, especially the commercial operation milestone.
• Liquidated Damages and Indemnification: Learn about liquidated damages and indemnification clauses.
• Limitations of Liability: Understand the limitations of liability in PPAs.
• Negotiation Methods and Practices: Instructors will provide practical negotiation methods and review specific contract language.
• Real-World Examples: Explore problems that have arisen before and after project completion, along with their solutions.

Overall, this seminar aims to equip attendees with the knowledge needed to navigate PPA transactions effectively. 

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 22, 2024 : 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. 

Rochelle Rabeler,  Partner,  Holland & Hart LLP

Rochelle Rabeler focuses her practice on project development, project financing, joint ventures, and mergers and acquisitions for clients in the renewable energy and infrastructure sectors.   

She counsels developers, investors, sponsors, and independent power producers in connection with wind, solar, and geothermal 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 mergers and acquisitions and debt and equity financings (including ISDA and swap agreements), ranging from complex structures to traditional commercial secured transactions.  Rochelle successfully steers clients through the entire project lifecycle, negotiating and closing transactions covering the full range of commercial agreements necessary for energy projects, including power purchase agreements (both with utilities and private commercial and industrial offtakers), land acquisition documents, construction contracts, equipment procurement contracts, operations and maintenance agreements, and shared facilities agreements. 

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.

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. 

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.

EUCI Conference Center

6400 S Fiddlers Green Cir.

Greenwood Village CO, 80111

The EUCI conference center is conveniently located adjacent to the Arapahoe at Village Center Light Rail Station, allowing easy access to and from DIA, Downtown, and Local Area Attractions.

REGISTER NOW FOR THIS EVENT:

Renewable Energy PPAs

October 22, 2024 | Denver, CO

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 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

Instructional Methods

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

Requirements for Successful Completion of Program 

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

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

EUCI is authorized by IACET to offer 0.8 CEUs for this event.

Verify our IACET accreditation

Who recognizes 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.

CPE Credits

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 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

Wyoming CLE Credits

EUCI has been approved by the state of Wyoming for 8.0 general CLE credit hours.