University of Texas School of Law
2008
Wind Energy Institute
Presented by The University of Texas School of Law and The Oil, Gas and Energy Resources Law Section of the State Bar of Texas
Austin Feb 19-20, 2008 Austin Convention Center
Conference Concluded
Related products: eConferences, Materials

UT Law CLE

2008 Wind Energy Institute

Program Features
Join energy attorneys, developers, renewable energy experts, county officials, landowners, and engineers at the 2008 Wind Energy Institute. A nationally-recognized faculty—drawn from attorneys, developers, engineers, and key Texas policymakers—will provide you with the latest technological, business, and legal information regarding wind development. Topics include emerging issues, market conditions, CREZ developments, dispatch priority, siting issues, and more.

Order the Wildcatting for Wind DVD

UT Law CLE

2008 Wind Energy Institute

11/21/19
Schedule

Tuesday Morning, Feb. 19, 2008

Presiding Officer:
Patrick Woodson, E.ON Climate & Renewables - Austin, TX

7:30 am
Registration Opens

Includes continental breakfast.

8:10 am

0.67 hr

Optional: Breakfast and A Movie
Texas Wind Farms: A Tour From Turbines to Market

This short documentary – produced specifically for the 2007 Wind Energy Conference – takes you onto working wind farms in the Sweetwater, TX region from ground operations to the top of the turbines, to explain construction, generation, operation, and interconnection.

8:50 am
Welcoming Remarks

9:00 am

0.75 hr

Wind In Texas, 2008: The State of the Industry

This session previews many of the issues to be covered in more detail throughout the program, starting with a big-picture look at the key metrics and characteristics of wind power in Texaspast, present and futureas well as the current and projected geographical concentration of development within Texas. The session will also touch on the main economic drivers of wind development: meteorology, leasing, construction, turbines, and siting, power sales, and transmission; as well as common misconceptions about wind development.

Commentator:
Mike Sloan, Virtus Energy Research Associates Inc. - Austin, TX
Andrew Swift, Texas Tech University - Lubbock, TX

9:45 am

0.75 hr

Land: Survey and Title Issues

A discussion of real estate survey and title issues typically encountered in wind energy project development. Practical suggestions to common problems, sample survey certification language, and due diligence checklists will be provided.

Kimberlee Smith Centera, AES Wind Generation - San Diego, CA
Brent G. Stahl, Stahl, Bernal & Davies, LLP - Austin, TX

10:30 am
Break

10:45 am

0.50 hr

Power Markets and Nodal Pricing: How Will the New Rules Change the Economics and Location of Wind Developments

This session provides a snapshot of common methods by which power is currently bought and sold in Texas, and continues with non-technical highlights of the new nodal pricing system, using illustrative and practical examples of how the switch in 2009 to nodal pricing will change the economics and location of wind developments and the manner in which transmission congestion is managed.

Ross Baldick, University of Texas, Department of Electrical and Computer Engineering - Austin, TX

11:15 am

0.50 hr

CREZ: What Was Decided by the Interim CREZ Order, and What Is Left to Do?

This session will set the framework for the afternoon CREZ discussions by reviewing how and why the Texas Public Utility Commission chose the first set of CREZs, what work remains to be done in the CREZ docket, and how the CREZ docket fits together with the parallel competitive-transmission and dispatch-priority rulemakings.

Michael G. Grable, The Electric Reliability Council of Texas - Austin, TX

11:45 am
Pick up Box Lunch

Included in conference registration fee.

11:55 am

0.75 hr

New Storage Technologies: Are They Finally Here?

A look at new storage technologies and options for Wind Energy: do current technologies and financial conditions finally make storage ready for primetime?

Michael Nakhamkin, Energy Storage Power LLC - Basking Ridge, NJ
Brad Roberts, S&C Electric Company - Franklin, WI
Mark Wilby, Shell WindEnergy Inc. - Houston, TX

Tuesday Afternoon, Feb. 19, 2008

Presiding Officer:
Steven Baron, Consulting and Legal Services - Austin, TX

12:45 pm
Break

1:00 pm

0.50 hr

CREZ and More: Where and How Will Transmission Be Constructed to Integrate Wind Into the Grid?

ERCOT commissioned a wind energy ancillary services study and has undertaken a CREZ Transmission “Optimization” Study. These studies will assist the Texas Public Utility Commission in determining the major transmission improvements necessary to deliver renewable energy from the CREZs in a manner that is most beneficial and cost effective to customers. This session will report on the progress and results of these studies.

Dan Woodfin, The Electric Reliability Council of Texas (ERCOT) - Taylor, TX

1:30 pm

0.50 hr

CREZ and More: Who Will Build the Transmission, and When?

The Texas Public Utility Commission has been conducting a rulemaking proceeding to establish the process and criteria for selecting transmission service providers to construct transmission facilities that will deliver renewable energy from the CREZs to customers. This session will report on the progress and results of that rulemaking, and will provide a look ahead at what remains to be done to achieve the transmission build-out.

Barry T. Smitherman, Public Utility Commission of Texas - Austin, TX

2:00 pm

0.75 hr

CREZ and More: Who Will Have Access to the Transmission, and On What Terms?

Texas is first in the nation in wind energy production, and the CREZ proceeding elicited unprecedented interest and commitment to additional wind energy development. Will the transmission build-out be sufficient to accommodate the expected generation? If not, will transmission access be addressed by a dispatch priority mechanism or the assignment of financial transmission rights? How will such action mesh with Texas Nodal, and how will it affect wind energy development in the state? The Texas Public Utility Commission has been examining these issues in a proceeding to establish a policy on CREZ transmission access. This session will report on the progress and results of the Texas Commission’s efforts.

Mark Bruce, MJB Energy Consulting - Round Rock, TX
Kenan Ogelman, CPS Energy - Austin, TX
Walter J. Reid, Austin, TX

2:45 pm
Break

Tuesday Afternoon
                       
                     Sting, Environmental and Leasing Issues
 Presiding Officer: Melinda Taylor, The University of Texas, Austin, TX

3:00 pm

0.75 hr

Siting Issues: A Checklist of Environmental and Wildlife Issues Involved in Wind Projects

The session will address the federal and state statutory and regulatory issues related to environmental and wildlife considerations involved in a wind project. The first part of this presentation will discuss pre-construction considerations e.g., birds, wetlands, clean water, endangered species, etc. and the second session will address potential issues that could arise as a result of the construction and/or operation of the wind facility.

M. Benjamin Cowan, Locke Lord Bissell & Liddell LLP - Houston, TX
Gregory S. Friend, McElroy, Sullivan & Miller, L.L.P. - Austin, TX

3:45 pm

0.75 hr

Siting Issues: A Dialogue Between Developers and Advocacy Groups

A look at how some of the key siting issues play out in practice: what are they; and how are they typically resolved, and a discussion of the framework and options for negotiation and resolution at the project and policy level.

Kirby Brown, Texas Wildlife Association - San Antonio, TX
Andrew C. Kasner Ph.D, Audubon Texas - Pleasonton, TX
Patrick Woodson, E.ON Climate & Renewables - Austin, TX

4:30 pm

1.00 hr

Wind Leases: Emerging Issues

This session will examine the fundamental provisions of a wind lease including the royalty clause, minimum rent and gross revenues definition. In this session both landowner and developer concerns will be discussed on the topics of hunting rights, oil and gas exploration, siting considerations, including whether a wind farm is an appropriate alternative for the particular landowner and site, and severing wind rights.

Moderator:
Lisa Chavarria, Stahl, Bernal & Davies, LLP - Austin, TX
Karen E. Jones, Stoel Rives LLP - Portland, OR
Allen L. Price, Smith, Rose, Finley, Harp & Price - San Angelo, TX
Roderick E. Wetsel, Wetsel & Carmichael, LLP - Sweetwater, TX

5:30 pm
Adjourn to Reception

Wednesday Morning, Feb. 20, 2008

Presiding Officer:
Lisa Chavarria, Stahl, Bernal & Davies, LLP - Austin, TX

Conference Opens

Includes continental breakfast.

8:00 am

0.83 hr

Breakfast Panel
Small Scale Wind: Landowner Self-Development, Community Wind, and Distributed Generation

The first part of this session discusses landowners working collaboratively on preliminary site development, analysis, and permitting, as a prelude to passing the project to a major developer with access to turbines, financing and construction expertise. The second part of the presentation covers the regulatory issues and equipment options for those looking to get off the grid via community wind and distributed generation.

William H. Holmes, Stoel Rives LLP - Portland, OR
Andy Kruse, Southwest Windpower - Flagstaff, AZ

8:50 am
Break

9:00 am

0.50 hr

Niche Market Deals and Developments: Avoiding the Pitfalls

The recent wave of consolidation among developers has changed the landscape dramatically, but there remains a role and market for small developers and creatively structured projects. This session provides an overview, both from a legal and business perspective, of common structures small developers may utilize to work with large developers and other potential partners to move their projects forward while maximizing their return.

Patrick Woodson, E.ON Climate & Renewables - Austin, TX

9:30 am
Break

9:45 am

1.00 hr

The Challenge of Turbine Acquisition

This session opens as an overview of the key issues and agreement including vocabulary, warranties, delivery and framing agreements with a general (non proprietary) overview.
- How supply scarcity is being dealt with
- How to increase capacity & component supply
- Frame agreements for equipment
- Market analysis and choke point
This session concludes with a discussion of how various turbine manufactures are addressing and reacting to these conclusions.

Andris Cukurs, Suzlon Wind Energy Corporation - Chicago, IL
Marc Fioravanti, Clipper Windpower Inc. - Carpinteria, CA
Dany St-Pierre, Siemens Energy Inc. - Orlando, FL
Moderator:
Edward W. Zaelke, Chadbourne & Parke LLP - Los Angeles, CA

10:45 am

0.75 hr

Financing of Wind Development: Financial and Legal Considerations

This panel of wind financing professionals explores key financial and legal considerations in the financing of wind power projects—revenue streams, power sales, tax credits, REC credit sales, and sources of financing—from the perspective of wind developers, lenders and lawyers.

David Boyce, Airtricity Inc. - Chicago, IL
Stephen Krebs, Baker Botts, LLP - Houston, TX
Douglas S. Bland, Vinson & Elkins L.L.P. - Houston, TX

11:30 am
Pick up Box Lunch

Included in conference registration fee.

11:45 am

1.17 hrs

Developer's Panel

A discussion of market issues and trends for wind development in Texas: challenges, opportunities and approaches to future development from a panel of leading market participants—with varying perspectives.

Glenn Allen Hodges, Pattern Energy Group LP - Austin, TX
Moderator:
John Moore, Consultant to Power Industry - Austin, TX
Scott Caldwell, RES Americas, Inc. - Austin, TX
Steven K. DeWolf, Wind-Tex Energy - Dallas, TX
David Groberg, Invenergy LLC - Olney, MD
David Herrick, NextEra Energy Resources LLC - Juno Beach, FL
Mark Wilby, Shell WindEnergy Inc. - Houston, TX

Wednesday Afternoon, Feb. 20, 2008

Presiding Officer:
Ward C. Marshall, Babcock & Brown - Austin, TX

12:55 pm
Break

1:10 pm

0.67 hr

Nuisance Litigation: The Issues and How to Avoid Them

A few lawsuits have been filed against wind developers in Texas on the theory that wind turbines create a nuisance under Texas law. This session will report on the status of that litigation and explore ways in which a developer can minimize the risk of such lawsuits.

Steven Baron, Consulting and Legal Services - Austin, TX
Trey Cox, Lynn Tillotson Pinker & Cox, L.L.P. - Dallas, TX

1:50 pm

1.00 hr

Renewable Energy Credits (RECs), Federal RPS and Carbon Taxes: What’s Ahead at the State and Federal Level

What’s happening now and what does the future hold. This session opens with a discussion of the purpose, and current role of credits and credit trading; followed by a discussion of limitations and problems in current markets. This session closes with a look to the (near) future, and how proposed Federal RPS and carbon taxes may play out in the market for wind and renewables.

Moderator:
John Jones, Invenergy LLC - Chicago, IL
Shari Heino, Mathews & Freeland LLP - Austin, TX
Karl R. Rábago, Austin Energy - Austin, TX

2:50 pm

0.50 hr

Family Ownership of Wind Royalties: Operational and Estate Planning Considerations

Understanding the tax and estate planning considerations and choices for wind royalty owners and their families promotes a more efficient market for wind power. This session explores these subjects in a straightforward way.

G. Philip Morehead, Attorney at Law - Abilene, TX

3:20 pm

0.50 hr

Tax Abatement and Wind Development: A Practical Guide to How They Work and How to Draft Them

County tax abatements are generally a critically piece of wind deals. This session begins with a short summary of what is happening in different countries and continues with a practical guide on how to draft these agreements, including statutory framework, model agreements, drafting tips and discussion of key clauses.

Kevin O'Hanlon, O' Hanlon, McCollom & Demerath - Austin, TX

3:50 pm
Adjourn

UT Law CLE

2008 Wind Energy Institute

Faculty

Conference Faculty

Ross Baldick
University of Texas, Department of Electrical and Computer Engineering
Austin, TX
Steven Baron
Consulting and Legal Services
Austin, TX
Douglas S. Bland
Vinson & Elkins L.L.P.
Houston, TX
David Boyce
Airtricity Inc.
Chicago, IL
Kirby Brown
Texas Wildlife Association
San Antonio, TX
Mark Bruce
MJB Energy Consulting
Round Rock, TX
Scott Caldwell
RES Americas, Inc.
Austin, TX
Kimberlee Smith Centera
AES Wind Generation
San Diego, CA
Lisa Chavarria
Stahl, Bernal & Davies, LLP
Austin, TX
M. Benjamin Cowan
Locke Lord Bissell & Liddell LLP
Houston, TX
Trey Cox
Lynn Tillotson Pinker & Cox, L.L.P.
Dallas, TX
Andris Cukurs
Suzlon Wind Energy Corporation
Chicago, IL
Steven K. DeWolf
Wind-Tex Energy
Dallas, TX
Marc Fioravanti
Clipper Windpower Inc.
Carpinteria, CA
Gregory S. Friend
McElroy, Sullivan & Miller, L.L.P.
Austin, TX
Michael G. Grable
The Electric Reliability Council of Texas
Austin, TX
David Groberg
Invenergy LLC
Olney, MD
Shari Heino
Mathews & Freeland LLP
Austin, TX
David Herrick
NextEra Energy Resources LLC
Juno Beach, FL
Glenn Allen Hodges
Pattern Energy Group LP
Austin, TX
William H. Holmes
Stoel Rives LLP
Portland, OR
John Jones
Invenergy LLC
Chicago, IL
Karen E. Jones
Stoel Rives LLP
Portland, OR
Andrew C. Kasner Ph.D
Audubon Texas
Pleasonton, TX
Stephen Krebs
Baker Botts, LLP
Houston, TX
Andy Kruse
Southwest Windpower
Flagstaff, AZ
John Moore
Consultant to Power Industry
Austin, TX
G. Philip Morehead
Attorney at Law
Abilene, TX
Michael Nakhamkin
Energy Storage Power LLC
Basking Ridge, NJ
Kevin O'Hanlon
O' Hanlon, McCollom & Demerath
Austin, TX
Kenan Ogelman
CPS Energy
Austin, TX
Allen L. Price
Smith, Rose, Finley, Harp & Price
San Angelo, TX
Karl R. Rábago
Austin Energy
Austin, TX
Walter J. Reid
Austin, TX
Brad Roberts
S&C Electric Company
Franklin, WI
Mike Sloan
Virtus Energy Research Associates Inc.
Austin, TX
Barry T. Smitherman
Public Utility Commission of Texas
Austin, TX
Dany St-Pierre
Siemens Energy Inc.
Orlando, FL
Brent G. Stahl
Stahl, Bernal & Davies, LLP
Austin, TX
Andrew Swift
Texas Tech University
Lubbock, TX
Roderick E. Wetsel
Wetsel & Carmichael, LLP
Sweetwater, TX
Mark Wilby
Shell WindEnergy Inc.
Houston, TX
Dan Woodfin
The Electric Reliability Council of Texas (ERCOT)
Taylor, TX
Patrick Woodson
E.ON Climate & Renewables
Austin, TX
Edward W. Zaelke
Chadbourne & Parke LLP
Los Angeles, CA

Planning Committee

John K. Arnold
Locke Liddell & Sapp LLP
Houston, TX
Steven Baron
Consulting and Legal Services
Austin, TX
Andy Bowman
Airtricity, Inc.
Austin, TX
Kimberlee Smith Centera
AES Wind Generation
San Diego, CA
Jamie Chapman
Texas Tech Wind Energy Center Research Center
Lubbock, TX
Lisa Chavarria
Stahl, Bernal & Davies, LLP
Austin, TX
Michael J Esposito
University Of Texas School Of Law
Austin, TX
Michael G. Grable
The Electric Reliability Council of Texas
Austin, TX
Shari Heino
Mathews & Freeland LLP
Austin, TX
William H. Holmes
Stoel Rives LLP
Portland, OR
Paul Hudson
Public Utility Commission of Texas
Austin, TX
Stephen Krebs
Baker Botts, LLP
Houston, TX
Ward C. Marshall
Babcock & Brown
Austin, TX
M. Bradford Moody
Watt, Beckworth & Thompson, L.L.P.
Houston, TX
Heather Otten
Invenergy LLC
Austin, TX
C. Kingsbery Otto
Senate Subcommittee on Agriculture, Rural Affairs and Coastal Resources
Lago Vista, TX
Karl R. Rábago
Austin Energy
Austin, TX
Walter J. Reid
Austin, TX
Ned Ross
FPL Energy
Austin, TX
Mike Sloan
Virtus Energy Research Associates Inc.
Austin, TX
Ernest E. Smith III
University Of Texas School Of Law
Austin, TX
Brent G. Stahl
Stahl, Bernal & Davies, LLP
Austin, TX
Adam S. Umanoff
Chadborne & Parke LLP
Los Angeles, CA
Roderick E. Wetsel
Wetsel & Carmichael, LLP
Sweetwater, TX
Dan Woodfin
The Electric Reliability Council of Texas (ERCOT)
Taylor, TX

UT Law CLE

2008 Wind Energy Institute

Credit Information

MCLE Credit

Texas
14.50 hrs
Legal Specialization(s): Oil, Gas and Mineral Law, Real Estate Law
Additional Information
A Texas MCLE Reporting Form will be included in your course materials. Please complete and return to the registration desk and UT Law CLE will report credit on your behalf to the State Bar of Texas, or you can self-report your credit directly to the State Bar of Texas at texasbar.com. A Certificate of Attendance will be provided at the conference to keep for your records.  
California
14.50 hrs
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. Self-report your CLE credit directly to the State Bar of California at calbar.ca.gov. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will maintain Attendance Records for four years.  
Other States
Note on Self-Reporting Your Credits in Another State
If you wish to satisfy MCLE or other professional education requirements in another state for a program offered by the University of Texas School of Law, please check with the state bar or other licensing authority in that state before taking the program to ensure it will qualify for self-reporting your credits.

Other Credit

TX Accounting CPE
17.25 hrs
Additional Information
The University of Texas School of Law (Provider #250) live conferences are presumptively approved by The Texas State Board of Public Accountancy for Texas Accounting CPE credit based on a 50-minute credit hour. Approved for general CPE credit only.

At the conference, you will need to sign in on the Accounting CPE Record of Attendance form at the registration desk. You will receive a Texas Accounting Certificate of Completion at the conference for your records. Self-report your CPE credit directly to TSBPA. UT Law CLE will maintain Attendance Records for four years.  

UT Law CLE

2008 Wind Energy Institute

Key Dates

Austin

  • Last day for Standard Registration early registration: Feb 8, 2008
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Feb 11, 2008
  • Last day for cancellation (partial refund): Feb 13, 2008
    $50 processing fee applied

UT Law CLE

2008 Wind Energy Institute

Hotel / Venue

Austin

Austin Convention Center

500 E. Cesar Chavez Street
Austin, TX
512-404-4000 (reservations)
Map

Parking Information

Convention Center garage at Red River & 4th, $7 day

Nearby Hotel Accommodations

Hilton Austin

500 E. 4th Street
Austin, TX
512-482-8000 (reservations)

Accommodations

$189.00 good through Jan 18, 2008

Parking Information

Hotel lot or Convention Center garage at 4th and Red River.

UT Law CLE

2008 Wind Energy Institute

Sponsors