University of Texas School of Law
2015
Renewable Energy Law
Austin Feb 17-18, 2015 Radisson Hotel and Suites, Austin-Downtown
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


RECEPTION SPONSOR
Stahl, Bernal, Davies, Sewell & Chavarria, LLP

SPONSORS
Haynes and Boone, LLP
Orrick, Herrington & Sutcliffe LLP
Vinson & Elkins LLP

SUPPORTING ORGANIZATIONS
American Wind Energy Association
Energy Bar Association
Gulf Coast Power Association
Texas Solar Power Association
The Wind Coalition
 

UT Law CLE

2015 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. Renewable Energy Law conference 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. 

2015 highlights include:
  • A deep dive into the market for renewable energy in Texas—a look at available incentives, plus trends and considerations for commercial and industrial buyers
  • A look at the EPA’s expected carbon regulations and its impact on renewable energy
  • Current project financing models—yield cos, PPAs, contracts for difference—and understanding differing roles for each
  • Keeping PACE in Texas Executive Director, Charlene Vanlier Heydinger, reviews PACE and leads a panel discussion on the implementation of local “PACE in a Box” programs
  • Energy storage—where are we now in Texas and beyond?
  • Case law update and Texas legislative outlook for renewable energy
  • An update on the development at both ERCOT and the PUCT relating to resource adequacy
  • Overview of the Power Markets in the U.S. Luncheon Presentation by Todd Filsinger, Filsinger Energy Partners, Denver, CO
  • Networking opportunities with program faculty and attendees during Tuesday evening’s Networking Reception
Renewable Energy Law is part of The University of Texas at Austin Energy Institute’s UT Energy Week 2015, a week-long examination of the most vital energy issues facing society, the latest research findings, and emerging trends and new technologies in the energy industry.  Related events presented by The University of Texas School of Law include:
 
The University of Texas Journal of Oil, Gas & Energy Law (TJOGEL) is hosting their 10th Annual Symposium on Thursday, February 19, 2015, at 8:00 a.m. – 4:00 p.m. Speakers include recognized industry leaders from Bracewell & Giuliani, Latham & Watkins, and as well as prominent regulatory officials making presentations on a wide range of energy topics. TX MCLE credit is available, including 1.00 hour ethics credit. For more information, visit tjogel.org
 
The Kay Bailey Hutchison Center for Energy, Law and Business will hold a Symposium on The Geopolitics of Oil & Gas in the Americas on Friday, February 20, 2015, at 8:00 a.m. – 4:00 p.m. Keynote speakers include Mexican Under-Secretary for North American Affairs, Dr. Sergio M. Alcocer, former U.S. Senator Mel Martínez, former Mexican Ambassador to the United States, Arturo Sarukhán, and Dr. Duncan Wood, the director of the Mexico Institute at the Wilson Center. For more information, visit kbhenergycenter.utexas.edu
 
The Kay Bailey Hutchison Center is an interdisciplinary joint venture of the School of Law and the McCombs School of Business  at The University of Texas at Austin.
 
 

UT Law CLE

2015 Renewable Energy Law

10/17/17
Schedule

Tuesday Morning, Feb. 17, 2015

Presiding Officer:
Richard Gruber, Thirdpath Advisors, LLC - Austin, TX

8:00 am
Registration Opens

Includes continental breakfast.

8:50 am
Welcoming Remarks

9:00 am

1.00 hr

EPA’s Carbon Regulations for the Power Sector: The Outlook for Renewable Energy and End-Use Efficiency

In June 2015, the EPA is expected to finalize regulations for states to regulate carbon emissions from the power sector under the Clean Air Act Section 111(d). Explore the legal and practical opportunities as well as the challenges for renewable energy and end-use efficiency in light of the EPA’s proposed approach to the Section 111(d) regulations.

Moderator:
Emily Sanford Fisher, Edison Electric Institute - Washington, DC
Panelists:
Colin Meehan, First Solar - Houston, TX
Mark A. Walker, NRG Energy, Inc. - Austin, TX
Jeff Clark, The Wind Coalition - Austin, TX

10:00 am

0.50 hr

The Market for Renewable Energy, Part I: Understanding Available Incentives

The United States uses various incentives to promote renewable energy. Review which incentives still drive the market, new developments and where things are headed.   

Keith Martin, Chadbourne & Parke LLP - Washington, DC

10:30 am
Break

10:45 am

0.75 hr

The Market for Renewable Energy, Part II: Understanding Commercial Buyers’ Perspectives

A discussion around the trend toward hi-tech companies wanting to enter long-term agreements for the purchase of renewable energy—their considerations, sustainability goals and various energy needs—and the issues pertaining to negotiating those agreements, including logistics (pros and cons of physical vs. financial delivery), impacts of long term contracting, energy management issues, accounting issues, legal implications, and more.

This session has been combined with the 11:30 a.m. session to make a 1.50 hour long session. 

Moderator:
Kevin Gresham, E.ON Climate and Renewables - Austin, TX
Panelists:
Tim Kawakami, Xcel Energy - Denver, CO
Stephen Krebs, OwnEnergy - Houston, TX
Mark Mondik, Origin Climate Inc. - San Francisco, CA
Greg Pool, Altenex, LLC - Bentonville, AR
Peter Weigand, Skipping Stone, LLC - Fountain Valley, CA

11:30 am

0.75 hr

The Market for Renewable Energy, Part III: Direct Purchase of Larger Grid Connected Renewables by Industrial Customers

Power-intensive industrial and commercial companies are beginning to see long-term PPAs for renewable energy as a valuable way to simultaneously achieve their production cost, risk management and sustainability goals. The falling costs of wind and solar energy, West Texas's outstanding wind and solar resources and the ERCOT CREZ transmission build-out have combined to allow the more energy-intense Central, North and Gulf Coast regions to access affordable, fixed cost renewable energy. 

This session has been combined with the 10:45 a.m. session to make a 1.50 hour long session. 

Moderator:
Kevin Gresham, E.ON Climate and Renewables - Austin, TX
Panelists:
Tim Kawakami, Xcel Energy - Denver, CO
Stephen Krebs, OwnEnergy - Houston, TX
Mark Mondik, Origin Climate Inc. - San Francisco, CA
Greg Pool, Altenex, LLC - Bentonville, AR
Peter Weigand, Skipping Stone, LLC - Fountain Valley, CA

12:15 pm
Pick Up Lunch

Included in registration.

Tuesday Afternoon, Feb. 17, 2015

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

Luncheon Presentation

12:35 pm

0.75 hr

Overview of the Power Markets in the U.S. 

A historical and future view of the U.S. market, and an outline of the issues facing the industry.

Todd Filsinger, Filsinger Energy Partners - Denver, CO

 
1:20 pm
Break

1:35 pm

0.75 hr

The Role of Yield Cos in Financing Renewable Energy Projects

A brief overview of how yield cos work, their role in financing utility scale and distributed generation energy projects, and their potential to impact growth for renewables.

Timothy Kemper, CohnReznick LLP - Atlanta, GA

2:20 pm

0.50 hr

Structuring the Deal: Traditional Power Purchase Agreements (PPAs) vs. Contracts for Difference (CFDs)

Sellers of renewable power are facing a shifting landscape. Instead of competing for long-term off-take contracts with a handful of regulated utilities, sellers now deal with a number of buyers. These include commercial and industrial (C&I) customers as well as retailers who supply green power in unregulated markets. Structuring deals has also gotten complex. Understand the differences between traditional power purchase agreements (PPAs) with regulated utilities and contracts for difference (CFDs) with utilities and C&I clients. 

This presentation has moved to Wedneday at 10:15 a.m

Shalini Ramanathan, RES Americas - Austin, TX

2:50 pm

0.50 hr

Getting Purchase and Sale Transactions Done in the Current Texas Market

Renewable energy project developers seek power contracts and asset owners in an evolving market. Review the types of power purchase agreements in the Texas market, while focusing on the challenges in securing these contracts and how differences in structures might impact the interests of the ultimate pool of asset owners.

Philip Moore, Lincoln Clean Energy, LLC - Austin, TX

3:20 pm
Break

3:30 pm

1.00 hr

Energy Storage: Where Are We Now?

Texas has become one of the nation’s top energy storage testing grounds. Take a look at the trajectory of energy storage in Texas—what projects have been deployed, which ones are on the drawing board and what drivers or obstacles are likely to affect the use of storage in Texas. How are wind and solar participating? How does the market in Texas compare to markets under development in California, New York, Hawaii, and other leading states? 

Moderator:
William H. Holmes, K&L Gates LLP - Portland, OR
Panelists:
Audrey Fogarty, Younicos Inc. - Austin, TX
Kenneth Ragsdale, Electric Reliability Council of Texas, Inc. - Taylor, TX
David Spielberg, Orrick, Herrington & Sutcliffe LLP - San Francisco, CA

4:30 pm

1.00 hr ethics

Using Social Media Ethically

An exploration of some of the aggressive uses of social media by companies, employees, and attorneys, including the legal and ethical boundaries being recognized by some and ignored by others. Particular attention is given to the Disciplinary Rules of Professional Conduct, the Stored Communications Act, and the Computer Fraud and Abuse Act and the limits each impose on the use of social media as a weapon in litigation; as well as the admissibility of social media evidence at trial.

Jason Boulette, Boulette Golden & Marin L.L.P. - Austin, TX

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

Stahl, Bernal, Davies, Sewell & Chavarria, LLP 

Wednesday Morning, Feb. 18, 2015

Presiding Officer:
Charlie Hemmeline, Texas Solar Power Association - Austin, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

0.50 hr

Case Law Update

A review of select recent court decisions involving renewable energy.

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

9:00 am

1.00 hr

Texas Legislative Update and Outlook

Moderator:
Mark Bruce, Stratus Energy Group - Austin, TX
Panelists:
J. Christopher Hughes, Husch Blackwell LLP - Austin, TX
James L. "Jim" Keffer, Texas State Rep. District 60 - Austin, TX

10:00 am
Break

10:15 am

0.50 hr

PUCT Update

A look at the shifting regulatory landscape as the PUCT considers policies specific to renewables, including the rule-making on cost-causation for renewables; plus a discussion of broader topics that nevertheless have significant implications for renewables, such as ensuring resource adequacy in the ERCOT region.

This presentation has moved to Tuesday at 2:20 p.m.

Michael G. Grable, Lone Star Transmission, LLC - Austin, TX

10:45 am

0.50 hr

PACE: Where Are We Now?

The Property Assessed Clean Energy Act (PACE) was enacted in June 2013. Since then, over 130 stakeholders created “PACE in a Box”— a turn-key model program including everything that a local government needs to implement this economic development program.  

Charlene Vanlier Heydinger, Keeping PACE in Texas - Austin, TX

11:15 am

0.50 hr

PACE: Implementation and Administration

Hear from those involved in implementing local "PACE in a Box" programs. Learn about the experiences of implementing and administering PACE programs and the latest news about the pilot PACE projects being launched by these programs.

Moderator:
Charlene Vanlier Heydinger, Keeping PACE in Texas - Austin, TX
Panelists:
John Fleming, Law Office of John Fleming - Austin, TX
Stephen Minick, Texas Association of Business - Austin, TX

11:45 am

0.50 hr

There's a New Sheriff in Town: 2014 Rules for Tax Limitations

Changes to Chapter 313 (HB 3390) and the impact on Appraised Value Limitation agreements for applications filed in 2014.

James Wester, Underwood Law Firm - Amarillo, TX

12:15 pm
Pick Up Lunch

Included in registration.

Wednesday Afternoon, Feb. 18, 2015

Presiding Officer:
Randy Sowell, Lionshare Advisory Services - McCamey, TX

Luncheon Presentation

12:35 pm

1.00 hr ethics

Ethics of Negotiation: Are You Smarter than a First-Year Associate?

When it comes to ethics in negotiations, it's anything but anything-goes. Could a tiny white lie here and a teeny puffing there mean the difference between getting the deal done and getting disbarred? These questions and more are answered. Are you smarter than a first-year associate?

Wilson Chu, K&L Gates LLP - Dallas, TX
Barrett R. Howell, K&L Gates LLP - Dallas, TX

 
1:35 pm
Break

1:50 pm

1.00 hr

Securitization and Other Financing Models Driving Distributed Generation
 

An overview of the residential rooftop lease and other financial products models for solar PV distributed generation, the role of securitization in financing these lease models, and how they compare to what’s happening in the distributed commercial & industrial (C&I) market.

Guthrie Dundas, SunPower Corporation - Richmond, CA
Charlotte N. Lee Smith, SolarCity - San Mateo, CA
Stephen J. Viscovich, Credit Suisse Securities (USA) LLC - New York, NY

2:50 pm

0.75 hr

Resource Adequacy

An update on the development at both ERCOT and the PUCT relating to resource adequacy in the ERCOT market, including changes to load forecasting, generation in the queue, the impact of Operating Reserve Demand Curve (ORDC) and increases in price caps, as well as other changes to the ERCOT protocols to encourage new capacity to site.

Moderator:
Diana M. Liebmann, Haynes and Boone, LLP - San Antonio, TX
Panelists:
Warren Lasher, Electric Reliability Council of Texas, Inc. - Austin, TX
Brandon Whittle, Stratus Energy Group - Austin, TX

3:35 pm
Adjourn

UT Law CLE

2015 Renewable Energy Law

Faculty

Conference Faculty

Jason Boulette
Boulette Golden & Marin L.L.P.
Austin, TX
Mark Bruce
Stratus Energy Group
Austin, TX
Wilson Chu
K&L Gates LLP
Dallas, TX
Jeff Clark
The Wind Coalition
Austin, TX
Becky H. Diffen
Vinson & Elkins LLP
Austin, TX
Guthrie Dundas
SunPower Corporation
Richmond, CA
Todd Filsinger
Filsinger Energy Partners
Denver, CO
Emily Sanford Fisher
Edison Electric Institute
Washington, DC
John Fleming
Law Office of John Fleming
Austin, TX
Audrey Fogarty
Younicos Inc.
Austin, TX
Michael G. Grable
Lone Star Transmission, LLC
Austin, TX
Kevin Gresham
E.ON Climate and Renewables
Austin, TX
Charlene Vanlier Heydinger
Keeping PACE in Texas
Austin, TX
William H. Holmes
K&L Gates LLP
Portland, OR
Barrett R. Howell
K&L Gates LLP
Dallas, TX
J. Christopher Hughes
Husch Blackwell LLP
Austin, TX
Tim Kawakami
Xcel Energy
Denver, CO
James L. "Jim" Keffer
Texas State Rep. District 60
Austin, TX
Timothy Kemper
CohnReznick LLP
Atlanta, GA
Stephen Krebs
OwnEnergy
Houston, TX
Warren Lasher
Electric Reliability Council of Texas, Inc.
Austin, TX
Charlotte N. Lee Smith
SolarCity
San Mateo, CA
Diana M. Liebmann
Haynes and Boone, LLP
San Antonio, TX
Keith Martin
Chadbourne & Parke LLP
Washington, DC
Colin Meehan
First Solar
Houston, TX
Stephen Minick
Texas Association of Business
Austin, TX
Mark Mondik
Origin Climate Inc.
San Francisco, CA
Philip Moore
Lincoln Clean Energy, LLC
Austin, TX
Greg Pool
Altenex, LLC
Bentonville, AR
Kenneth Ragsdale
Electric Reliability Council of Texas, Inc.
Taylor, TX
Shalini Ramanathan
RES Americas
Austin, TX
David Spielberg
Orrick, Herrington & Sutcliffe LLP
San Francisco, CA
Stephen J. Viscovich
Credit Suisse Securities (USA) LLC
New York, NY
Mark A. Walker
NRG Energy, Inc.
Austin, TX
Peter Weigand
Skipping Stone, LLC
Fountain Valley, CA
James Wester
Underwood Law Firm
Amarillo, TX
Brandon Whittle
Stratus Energy Group
Austin, TX

Planning Committee

Richard Gruber—Co-Chair
Thirdpath Advisors, LLC
Austin, TX
Brent Stahl—Co-Chair
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Steven Baron
Baron Consulting and Legal Services
Austin, TX
Mark Bruce
Stratus Energy Group
Austin, TX
Lisa Chavarria
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Becky H. Diffen
Vinson & Elkins LLP
Austin, TX
Nat Eng
Novogradac & Company LLP
San Francisco, CA
Audrey Fogarty
Younicos Inc.
Austin, TX
Gregory S. Friend
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Michael G. Grable
Lone Star Transmission, LLC
Austin, TX
Ann A. Hawkins
Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
Houston, TX
Charlie Hemmeline
Texas Solar Power Association
Austin, 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
Randy Sowell
Lionshare Advisory Services
McCamey, TX
Melinda E. Taylor
The University of Texas School of Law
Austin, TX
Adam Wenner
Orrick, Herrington & Sutcliffe LLP
Washington, DC
Roderick E. Wetsel
Wetsel, Carmichael & Allen, LLP
Sweetwater, TX

UT Law CLE

2015 Renewable Energy Law

Credit Information

MCLE Credit

Texas
13.75 hrs  |  2.00 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
13.75 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. 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
13.75 hrs
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
15.50 hrs  |  2.00 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
16.50 hrs  |  2.50 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 report credit on your behalf to the Oklahoma Bar Association within 30 days after the conference.
Pennsylvania
11.50 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 the Pennsylvania CLE Board Credit Request Form and approval documentation to self-report credit directly to the Pennsylvania CLE Board. 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
16.50 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

2015 Renewable Energy Law

Key Dates

Austin

  • Last day for Individual early registration: Feb 11, 2015
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Feb 11, 2015
  • Last day for cancellation (partial refund): Feb 13, 2015
    $50 processing fee applied

UT Law CLE

2015 Renewable Energy Law

Hotel / Venue

Austin

Radisson Hotel and Suites, Austin-Downtown

111 E. Cesar Chavez Street
Austin, TX
512.478.9611 (reservations)

Accommodations

$170 room rate good through January 17, 2015 (subject to availability). Reserve your room online.
 

Parking Information

$3 daily parking; $8 overnight parking; $24 valet parking

UT Law CLE

2015 Renewable Energy Law

Sponsors