University of Texas School of Law
2014
Renewable Energy Law
Austin Jan 28-29, 2014 AT&T Conference Center
Conference Concluded

PRESENTED BY

The University of Texas School of Law
The Oil, Gas and Energy Resources Law Section of the State Bar of Texas (OGERL)


EVENT SPONSORS
Haynes and Boone, LLP
Husch Blackwell LLP
Stahl, Bernal, Davies, Sewell & Chavarria, LLP

SPONSORS
Andrews Kurth LLP
CohnReznick LLP
K&L Gates LLP
RES Americas Inc.
Vinson & Elkins LLP

SUPPORTING ORGANIZATIONS
Energy Bar Association
Gulf Coast Power Association
The Wind Coalition

UT Law CLE

2014 Renewable Energy Law

Program Features
Join leading attorneys and industry experts in wind, solar and storage for two days of the latest developments affecting renewable energy in Texas and nationwide. The program blends law, economics, technology, finance, tax and regulatory policy, and is aimed at industry participants, legal and financial advisors, and key legislative and regulatory policymakers and staff.

2014 highlights include:
  • The Commercial Competitive Landscape for Utility-Scale Renewable Energy in Texas and beyond
  • An examination of the current conditions for the expansion of utility-scale solar in Texas
  • The evolution and impact of distributed generation (DG) in Texas and other states
  • An update on the final CREZ build-out and a look at possible impacts
  • Resource adequacy issues, capacity and energy markets and the impact on renewable energy project development
  • Emerging Project Financing Models/Vehicles; plus PACE legislation here in Texas
  • The advantages and disadvantages of traditional PPAs vs. hedge PPAs
  • State and federal regulatory, tax and case law updates
  • Keynote presentation by Scott W. Tinker, Director of the Bureau of Economic Geology, State Geologist of Texas, and leading expert in the Switch Energy Project

UT Law CLE

2014 Renewable Energy Law

5/26/17
Schedule

Tuesday Morning, Jan. 28, 2014

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

7:30 am
Registration Opens

Includes continental breakfast.

8:25 am
Welcoming Remarks

8:30 am

0.75 hr

Commercial Competitive Landscape for Utility-Scale Renewable Energy

A look back and forward at the competitive landscape in Texas and beyond for wind and solar energy.

Andy Bowman, Pioneer Green Energy, LLC - Austin, TX

9:15 am

1.00 hr

Utility-Scale Solar: Is the Texas Market Poised for Growth?

Will the convergence of the CREZ buildout, new ERCOT protocols, PUCT policy and the expiration of the ITC create conditions for the expansion of utility-scale solar energy deployment in Texas?

Moderator:
Randy Sowell, Lionshare Advisory Services - McCamey, TX
Panelists:
Clay A. Butler, The Butler Firm, PLLC - Austin, TX
Michael Osborne, Austin Energy - Austin, TX
Maura Yates, SunEdison LLC - Austin, TX

10:15 am
Break

10:30 am

1.25 hrs

Distributed Generation’s Impact on Large-Scale Electric Utility Models

Will distributed generation (DG) be a "disruptive force" in the electric utility industry similar to the impact cell phones have had on wire-line telephone companies? This panel explores how DG may evolve given advancing technology, government policy, new financing models, and how DG and Texas utility models can co-exist in harmony.

Moderator:
Richard Gruber, Third Path Advisors, LLC - Austin, TX
Panelists:
Robyn Beavers, NRG Energy, Inc. - San Francisco, CA
Brewster McCracken, Pecan Street Inc. - Austin, TX
Katie Sloan, Southern California Edison - Los Angeles, CA

11:45 am
Pick Up Lunch

Included in registration.

Tuesday Afternoon, Jan. 28, 2014

Presiding Officer:
Karen E. Jones, SunPower Corporation - Portland, OR

KEYNOTE LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor

Haynes and Boone, LLP

12:05 pm

0.75 hr

Regional Economic Outlook

Anil Kumar, Senior Research Economist and Advisor, Federal Reserve Bank of Dallas - Dallas, TX

 
12:50 pm
Break

1:00 pm

0.50 hr

Federal Regulatory Update

Renewable developments over the past year and a forecast of things to come, with a focus on federal activity and the new leadership at FERC.

Paul F. Wight, Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates - Washington, DC

1:30 pm

0.50 hr

State Regulatory Update

Update on regulatory changes during the last year—key proceedings and rulings in Texas impacting the electric power markets.

Diana M. Liebmann, Haynes and Boone, LLP - San Antonio, TX

2:00 pm

1.00 hr

CREZ Update

A description of the completed CREZ construction focusing on statistics that have not typically been included in CREZ program summaries, an assessment of current power delivery limitations from the Panhandle portion of the CREZ lines, and a projection of the likely financial impact—an increase in ERCOT Transmission Cost of Service (TCOS)—from the construction of the CREZ system.

Moderator:
John Moore, Stratus Energy Group - Austin, TX
Panelists:
Jeff Billo, Electric Reliability Council of Texas - Taylor, TX
Steve Farmer, RS&H - Austin, TX

3:00 pm

0.50 hr

Interconnection Overview

Overview of recent procedural and technical requirement changes and how these have become more demanding. Is this nourishing new practical considerations such as fast-track options for smaller projects? Interesting parallels in ERCOT and CAISO.

Hala N. Ballouz, Electric Power Engineers, Inc. - Austin, TX

3:30 pm
Break

3:45 pm

0.75 hr

Current Storage Technologies

As costs of deployment decline and practical experience increases, electric energy storage is approaching an inflection point like that experienced by solar roughly a decade ago. The panel discusses the legal challenges that operating energy storage projects have encountered while being deployed, as well as the solutions to those challenges.

Moderator:
William H. Holmes, K&L Gates LLP - Portland, OR
Panelists:
Audrey Fogarty, Xtreme Power Inc. - Austin, TX
Darrell W. Hayslip, Narrow Gate Energy, LLC - Denton, TX

4:30 pm

1.00 hr

Resource Adequacy Policy Impacts on Renewable Generators and Storage Facilities

Over the past dozen years, a global pace-setting 10,000 megawatts of wind capacity was installed in ERCOT and another wave of wind development appears to be underway in Texas’s Competitive Renewable Energy Zones. Recently, the first utility-scale solar and electricity storage facilities have interconnected to the ERCOT network. All this has occurred under Texas’s somewhat unique energy-only market design. Major changes to that market design have recently been ordered by the Public Utility Commission of Texas and Commissioners continue to consider additional market design changes, including a centralized forward capacity market, to encourage new generation resource development in the face of projected resource inadequacy. What do such market design changes mean for wind, solar and storage projects? This panel discusses the latest developments in the ERCOT resource adequacy policy-making environment with contextual focus on issues of interest to renewable generation and electricity storage project financiers, developers and operators.

Moderator:
Mark Bruce, Stratus Energy Group - Austin, TX
Panelists:
Warren Lasher, Electric Reliability Council of Texas - Austin, TX
Dan Woodfin, Electric Reliability Council of Texas - Taylor, TX

5:30 pm
Adjourn to Reception
Thank You to Our Sponsor

Stahl, Bernal, Davies, Sewell & Chavarria, LLP

Wednesday Morning, Jan. 29, 2014

Presiding Officer:
Russel E. Smith, Texas Renewable Energy Industries Association - Austin, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

1.00 hr

Financing and Investment: Emerging Project Financing Models/Vehicles, Pension Fund Investments in Renewable Energy, and PACE

Moderator:
Eric H. Drummond, Husch Blackwell LLP - Denver, CO
Panelists:
Charlene Vanlier Heydinger, Keeping PACE in Texas - Austin, TX
Timothy Kemper, CohnReznick LLP - Atlanta, GA
Charles H. Purcell, K&L Gates LLP - Seattle, WA

9:30 am

0.50 hr

Key Project Finance Issues for Long-Term Ground Leases

Dirk R. Mueller, Farella Braun + Martel LLP - San Francisco, CA

10:00 am
Break

10:15 am

1.00 hr

Traditional PPAs vs. Hedge PPAs (or “Contract for Differences”)

This panel discusses the differences between traditional PPAs and contracts for difference. Why might a party prefer one over the other? What are the advantages and disadvantages?

Moderator:
Giji M. John, Andrews Kurth LLP - Houston, TX
Panelists:
Kenneth Davies, Altenex - Boston, MA
Shalini Ramanathan, RES Americas - Austin, TX

11:15 am

0.75 hr ethics

Lawyer for the Deal: When You're Wearing Too Many Hats

When multiple entities are created for a "deal," conflicts occur, and costs and attorney's fees skyrocket if litigation follows. What you need to know and what you can do to best serve your clients when you find yourself wearing too many hats.

Thomas H. Watkins, Husch Blackwell LLP - Austin, TX

12:00 pm
Pick Up Lunch

Included in registration.

Wednesday Afternoon, Jan. 29, 2014

Presiding Officer:
Richard Gruber, Third Path Advisors, LLC - Austin, TX

KEYNOTE LUNCHEON PRESENTATION

Thank You to Our Luncheon Sponsor

Husch Blackwell LLP

12:20 pm

0.75 hr

The Global Energy Transition: An Objective Look at Drivers and Pace

The transition from a fossil-energy present to an alternate-energy future will span the 21st century. The pace of change will be driven by energy affordability, availability, reliability and environmental sustainability. In percentage terms, oil and coal will slowly decrease while natural and nuclear increase. Attempting to orchestrate a transition via poorly-informed government policy, or unachievable technology acceleration, could have unintended consequences. Scaling up alternative energy sources like solar, wind, biomass and geothermal is investment-heavy, but can be accomplished with well-considered policy and technology advances, especially in energy storage and transmission. Efficiency, including vehicles, insulation and lighting, and industrial systems, is key to environmental sustainability.

Scott W. Tinker, Director, Bureau of Economic Geology and State Geologist of Texas, The University of Texas at Austin Jackson School of Geosciences - Austin, TX

 
1:05 pm
Break

1:15 pm

0.50 hr

The Intersection between Federal Environmental Regulation and Renewable Energy Demand

James D. Marston, Environmental Defense Fund - Austin, TX

1:45 pm

0.75 hr

State Tax Update

This presentation highlights upcoming changes to the Chapter 313 program and how it could impact renewable energy projects, as well as other recent tax updates.

Kevin O'Hanlon, O' Hanlon, McCollom & Demerath - Austin, TX
Robert Wood, Economic Development and Analysis Division, Texas Comptroller of Public Accounts - Austin, TX

2:30 pm

0.50 hr

Federal Tax Update

Renewable energy transactions are economically driven by the current federal tax credits and incentives available. Learn about the latest tax considerations and issues impacting tax equity investors and industry participants.

Nat Eng, Novogradac & Company LLP - San Francisco, CA

3:00 pm
Break

3:15 pm

0.50 hr

Case Law Update

A review of select recent court decisions involving renewable energy.

Becky H. Diffen, Vinson & Elkins LLP - Austin, TX

3:45 pm

0.75 hr ethics

What’s Your Ethics IQ?

Test your ethics knowledge in an interactive game where the audience can anonymously answer multiple choice ethics questions and compete against each other to win!

Richard Melamed, Richard Melamed, PLLC - Houston, TX

4:30 pm
Adjourn

UT Law CLE

2014 Renewable Energy Law

Faculty

Conference Faculty

Hala N. Ballouz
Electric Power Engineers, Inc.
Austin, TX
Robyn Beavers
NRG Energy, Inc.
San Francisco, CA
Jeff Billo
Electric Reliability Council of Texas
Taylor, TX
Andy Bowman
Pioneer Green Energy, LLC
Austin, TX
Mark Bruce
Stratus Energy Group
Austin, TX
Clay A. Butler
The Butler Firm, PLLC
Austin, TX
Kenneth Davies
Altenex
Boston, MA
Becky H. Diffen
Vinson & Elkins LLP
Austin, TX
Eric H. Drummond
Husch Blackwell LLP
Denver, CO
Nat Eng
Novogradac & Company LLP
San Francisco, CA
Steve Farmer
RS&H
Austin, TX
Audrey Fogarty
Xtreme Power Inc.
Austin, TX
Richard Gruber
Third Path Advisors, LLC
Austin, TX
Darrell W. Hayslip
Narrow Gate Energy, LLC
Denton, TX
Charlene Vanlier Heydinger
Keeping PACE in Texas
Austin, TX
William H. Holmes
K&L Gates LLP
Portland, OR
Giji M. John
Andrews Kurth LLP
Houston, TX
Timothy Kemper
CohnReznick LLP
Atlanta, GA
Anil Kumar
Senior Research Economist and Advisor, Federal Reserve Bank of Dallas
Dallas, TX
Warren Lasher
Electric Reliability Council of Texas
Austin, TX
Diana M. Liebmann
Haynes and Boone, LLP
San Antonio, TX
James D. Marston
Environmental Defense Fund
Austin, TX
Brewster McCracken
Pecan Street Inc.
Austin, TX
Richard Melamed
Richard Melamed, PLLC
Houston, TX
John Moore
Stratus Energy Group
Austin, TX
Dirk R. Mueller
Farella Braun + Martel LLP
San Francisco, CA
Kevin O'Hanlon
O' Hanlon, McCollom & Demerath
Austin, TX
Michael Osborne
Austin Energy
Austin, TX
Charles H. Purcell
K&L Gates LLP
Seattle, WA
Shalini Ramanathan
RES Americas
Austin, TX
Katie Sloan
Southern California Edison
Los Angeles, CA
Randy Sowell
Lionshare Advisory Services
McCamey, TX
Scott W. Tinker
Director, Bureau of Economic Geology and State Geologist of Texas, The University of Texas at Austin Jackson School of Geosciences
Austin, TX
Thomas H. Watkins
Husch Blackwell LLP
Austin, TX
Paul F. Wight
Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
Washington, DC
Robert Wood
Economic Development and Analysis Division, Texas Comptroller of Public Accounts
Austin, TX
Dan Woodfin
Electric Reliability Council of Texas
Taylor, TX
Maura Yates
SunEdison LLC
Austin, TX

Planning Committee

Richard Gruber—Co-Chair
Third Path Advisors, LLC
Austin, TX
Brent Stahl—Co-Chair
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Steven Baron
Steven Baron Consulting and Legal Services
Austin, TX
Mark Bruce
Stratus Energy Group
Austin, TX
Lisa Chavarria
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Jeff Clark
The Wind Coalition
Austin, TX
Becky H. Diffen
Vinson & Elkins LLP
Austin, TX
Elizabeth Drews
Husch Blackwell LLP
Austin, TX
Gregory S. Friend
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Michael G. Grable
Lone Star Transmission, LLC
Austin, TX
Kevin Gresham
E.ON Climate and Renewables
Austin, TX
Ann A. Hawkins
Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
Houston, TX
William H. Holmes
K&L Gates LLP
Portland, OR
Monty Humble
Brightman Energy LLC
Austin, TX
Joanna Jefferson
The University of Texas School of Law
Austin, TX
Byron Kentor
SunPower Corporation
Austin, TX
Stephen Krebs
OwnEnergy
Houston, TX
Tim N. Libson
Trintek Energy Consulting, Inc.
Austin, TX
Diana M. Liebmann
Haynes and Boone, LLP
San Antonio, TX
Bonnie McMurtry
Andrews Kurth LLP
Houston, TX
M. Bradford Moody
Watt Beckworth Thompson Henneman & Sullivan LLP
Houston, TX
John Moore
Stratus Energy Group
Austin, TX
Brett A. Perlman
Vector Advisors
Houston, TX
Karl R. Rábago
Rábago Energy LLC
Austin, TX
Marty Jo Rogers
NextEra Energy Resources, LLC
Houston, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
Russel E. Smith
Texas Renewable Energy Industries Association
Austin, TX
Randy Sowell
Lionshare Advisory Services
McCamey, TX
Cyrus Tashakkori
Pioneer Green Energy, LLC
Austin, TX
Adam Wenner
Orrick, Herrington & Sutcliffe LLP
Washington, DC
Roderick E. Wetsel
Wetsel & Carmichael, LLP
Sweetwater, TX
Susan G. Wilson
Novogradac & Company LLP
Austin, TX

UT Law CLE

2014 Renewable Energy Law

Credit Information

MCLE Credit

Texas
15.00 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Administrative Law, 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
15.00 hrs  |  1.50 hrs Ethics
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.  
Illinois
14.25 hrs  |  1.50 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will verify the number of Illinois attorneys in attendance within 10 days after the conference. Self report your credit to the MCLE Board of the Supreme Court of Illinois. UT Law CLE will maintain Attendance Records for four years.
Kansas
16.00 hrs  |  1.50 hrs Ethics
Additional Information
The University of Texas School of Law has applied for CLE approval with the Kansas Continuing Legal Education Commission (KSCLE). At the conference, you will need to sign in on the Record of Attendance form at the registration desk. A Notice of Accreditation/Affidavit will be provided at the conclusion of the conference. It is the responsibility of the attorney to complete and mail the Notice to the Kansas CLE Commission within 30 days after the program. UT Law CLE will maintain Attendance Records for four years.  
Oklahoma
18.00 hrs  |  2.00 hrs Ethics
Additional Information
At the conference, you will need to sign in on the Record of Attendance form at the registration desk. You will receive a Certificate of Attendance at the conference to keep for your records. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
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

Certified Professional Landman (AAPL)
15.00 hrs
Registered Professional Landman (AAPL)
15.00 hrs
TX Accounting CPE
18.00 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.  
TX Insurance
Additional Information
UT Law CLE conferences are considered "qualifying" courses, not certified by TDI. Such qualifying courses may be used for credit.

Qualifying courses are insurance courses that are: (A) offered for credit by accredited colleges, universities, or law schools; or (B) part of a national designation certification program; or (C) approved for classroom, classroom equivalent, or participatory credit by the continuing education approval authority of a state bar association or state board of public accountancy; or (D) certified or approved for continuing education credit under the guidelines of the Federal Crop Insurance Corporation.

Continuing Education Credit Information for Agents and Adjusters

Agent/Adjuster Continuing Education Forms
 
TX Real Estate Commission (TREC)
9.00 hrs
Additional Information
https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-0.pdf

Use this link to obtain the TREC MCE form for self-reporting your TREC credit.  UT Law CLE will provide a Certificate of Attendance at the conference.

UT Law CLE

2014 Renewable Energy Law

Key Dates

Austin

  • Last day for Individual early registration: Jan 17, 2014
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Jan 22, 2014
  • Last day for cancellation (partial refund): Jan 24, 2014
    $50 processing fee applied

UT Law CLE

2014 Renewable Energy Law

Hotel / Venue

Austin

AT&T Conference Center

The University of Texas at Austin
1900 University Avenue
Austin, TX
877.744.8822 (reservations)
Map

Accommodations

$174 room rate good through January 6, 2014 (subject to availability).

Reserve your room online.

Parking Information

Free daily self-parking at UT garages. Separate fees apply for valet and overnight parking.

UT Law CLE

2014 Renewable Energy Law

Sponsors