University of Texas School of Law
2016
Renewable Energy Law
Austin Feb 9-10, 2016 Radisson Hotel and Suites, Austin-Downtown
Conference Concluded
Related products: eConferences, Materials
PRESENTED BY
The University of Texas School of Law
The Oil, Gas and Energy Resources Law Section of the State Bar of Texas

UT Law CLE

2016 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 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.
 
2016 highlights include:
  • Keith Martin, returns with a lively update on developments at the federal level affecting the renewable energy market.
  • A discussion on the controversial aspects of the EPA’s Clean Power Plan including its legal context, the compliance options it affords, its potential costs and benefits, its effect on the nation’s energy mix, and some of the practical and legal issues it raises.
  • Andy Bowman of Pioneer Green Energy, LLC explores the major shifts in the energy markets and how they are affecting Texas, during the Wednesday Luncheon Presentation.
  • Dan Woodfin, Director of System Operations for ERCOT, will discuss the proposed Future Ancillary Services framework, the driving factors for the change, the current state of the proposal, and its interaction with the future development of renewables in ERCOT
  • Case law and legislative updates from Texas and beyond that impact renewable energy policy
  • Networking opportunities with program faculty and attendees during Tuesday evening’s Networking Reception

UT Law CLE

2016 Renewable Energy Law

11/22/19
Schedule

Tuesday Morning, Feb. 9, 2016

Presiding Officer:
Zeina El-Azzi, Blue Earth Inc. - Austin, TX

8:00 am
Registration

Includes continental breakfast.

8:50 am
Welcoming

9:00 am

0.75 hr

What's New With Federal Incentives

A lively update on developments at the federal level affecting the renewable energy market. An unusually large number of issues of interest to independent generators are in play with the IRS, including the network upgrade payments to utilities to relieve grid congestion, prepaid power contracts, solar inverted leases, series LLCs, and targeted partnership allocations. Congress will have decided whether to give developers more time to start construction of new projects to qualify for production tax credits. The solar companies were pressing to convert their 2016 deadline to complete projects into one merely to start construction. What is the outlook for further extensions?  What issues are coming up in transactions?

Keith Martin, Chadbourne & Parke LLP - Washington, DC

9:45 am

1.00 hr

EPA Clean Power Plan Review

With well over 4 million comments, EPA’s  Clean Power Plan is nothing if not controversial. Discuss some of the aspects of the plan that have made it so controversial including its legal context, its assumptions, the compliance options it affords, its potential costs and benefits, its effect on the nation’s energy mix, and some of  the practical and  legal issues it raises.

Moderator:
Jeff Civins, Haynes and Boone, LLP - Austin, TX
Panelists:
Kathleen Spees, The Brattle Group - Cambridge, MA
David B. Spence, The University of Texas at Austin - Austin, TX

10:45 am
Break

11:00 am

0.50 hr

Current and Trending Environmental Issues for Wind Energy

The landscape for wind energy is undergoing change on many fronts—some are generally believed to have a positive impact (such as the Clean Power Plan) and others are viewed as increasing risk and uncertainty (such as the status of permits for species impacts including birds and new requirements for noise impacts). Explore these and other trends in the industry.

Lisa Montgomery Shelton, Andrews Kurth LLP - Austin, TX

11:30 am

0.75 hr

Distributed Solar Models

Explore the different regulatory and market models that have been utilized to implement distributed solar generation.

Moderator:
Tuan Pham, PowerFin Partners - Austin, TX
Panelists:
Karen Poff, Austin Energy - Austin, TX
Maura Yates, MP2 Energy - Houston, TX

12:15 pm
Pick Up Lunch

Tuesday Afternoon, Feb. 9, 2016

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

Luncheon Presentation

Thank You to Our Luncheon Sponsor

Andrews Kurth LLP

12:35 pm

0.50 hr

The European Experience

Review retroactive amendment of feed-in tariff guarantees in Spain, Italy, and other European states; domestic and international remedies for investors; and the implications for the renewable energy industry in North America and elsewhere. 

Kevin D. Mohr, King & Spalding - Houston, TX

 
1:05 pm
Break

1:20 pm

0.75 hr

Water and Mineral Issues in Solar Development

Discuss the California law perspective upon water and development interactions, focusing on the issues of securing water rights for solar development, as well as the impacts of severance of rights. Issues related to the potential conflicts and resolutions between solar development and mineral rights and activity in Texas will also be discussed.

Gregory S. Friend, Stahl, Bernal, Davies, Sewell & Chavarria LLP - Austin, TX
Kristen CastaƱos, Stoel Rives LLP - Sacramento, CA

2:05 pm

0.75 hr

Policy Updates, Texas and Beyond

Explore how Texas and other states are treating renewable energy policy and what factors are driving their decisions.

Charlie Hemmeline, Texas Solar Power Association - Austin, TX
J. Christopher Hughes, Husch Blackwell LLP - Austin, TX
Susan Williams Sloan, American Wind Energy Association - Austin, TX

2:50 pm

1.00 hr

Transmission Development for Renewable Energy

Learn about the current issues in electric transmission related to the development and operation of renewable energy projects. With a review of the renewable development forecast, transmission planning, cost allocation, congestion, state regulatory decisions,  federal energy policy and market drivers.

Bill Bojorquez, Hunt Transmission Services, LLC - Dallas, TX
Cary J. Kottler, Clean Line Energy Partners LLC - Houston, TX
Warren Lasher, Electric Reliability Council of Texas, Inc. - Austin, TX

3:50 pm
Break

4:00 pm

0.50 hr

Future Ancillary Services in the ERCOT Market

ERCOT has proposed a major change to the current 1990s-era ancillary services framework to meet evolving system needs and facilitate the use of new types of resources to meet those needs efficiently using market-based tools. Discuss the proposed Future Ancillary Services framework, the driving factors for the change, the current state of the proposal, and its interaction with the future development of renewables in ERCOT.

Dan Woodfin, Electric Reliability Council of Texas, Inc. - Taylor, TX

4:30 pm

0.75 hr ethics

Here But For the Grace of God Go You: Why the Texas Lawyer's Creed Matters to You

Learn how to be the opposing counsel your profession needs without compromising your ethical duties to your client—an autobiography of 4 family deaths in 11 months.
 

Mark McPherson, Attorney at Law - Dallas, TX

5:15 pm
Adjourn to Reception
Thank You to Our Reception Sponsor

Stahl, Bernal, Davies, Sewell & Chavarria, LLP 

Wednesday Morning, Feb. 10, 2016

Presiding Officer:
Susan Williams Sloan, American Wind Energy Association - Austin, TX

8:00 am
Conference Room Opens

Includes continental breakfast.

8:30 am

1.25 hrs

Trends in Buying and Selling Renewable Energy:  Commercial, Industrial, and Wholesale Transactions

The market for the purchase and sale of renewable energy is constantly evolving, as new customers and transaction structures become more prominent.  Review the role of long-term structured PPAs and hedges in the procurement of renewables by investor owned, municipal and regional utilities. Examine the growing importance of commercial and industrial (C&I) demand for renewable energy from both offsite and on-site sources. 

Moderators:
William H. Holmes, K&L Gates LLP - Portland, OR
Shalini Ramanathan, RES Americas - Austin, TX
Panelist:
Jacob Susman, OwnEnergy an EDF RE Company - Brooklyn, NY
Andrew Dickson, Duke Energy Renewables - Austin, TX

9:45 am

0.75 hr

Yieldcos Update

An update on how yieldco structures are being used to finance renewable energy projects. Discuss yieldco effects on project values and consolidation, legal and tax issues, and whether cost of capital and interest rate trends will impact the use of yieldcos. 

Moderator:
Robert Sternthal, CohnReznick Capital Markets Securities, LLC - New York, NY
Panelists:
Terence Grant, Marathon Capital, LLC - San Francisco, CA
E. Ramey Layne, Vinson & Elkins LLP - Houston, TX

10:30 am
Break

10:45 am

0.75 hr

Improving the Marketability of Your Project: Tips and Pitfalls

Beyond the economics of a project, there are key contractual and development issues that will be analyzed during the due diligence process. Gain insight into how lawyers review and evaluate project documents, tips on how to best showcase your renewable energy project, and examples of potential pitfalls that an investor or buyer is trying to avoid.  

This presentation has moved to Wednesday at 2:50 p.m.

Becky H. Diffen, Vinson & Elkins LLP - Austin, TX
Materials By:
Megan Ceder, Vinson & Elkins LLP - Houston, TX

11:30 am
Pick Up Lunch

Wednesday Afternoon, Feb. 10, 2016

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

Luncheon Presentation

Thank You to Our Luncheon Sponsor

Orrick, Herrington & Sutcliffe LLP

11:50 am

0.75 hr

Texas’ Transforming Energy Market: Big Changes Underway

Major shifts in energy markets—historic and persistent low natural gas prices, relentless drops in the price of solar generation and the steady march forward of wind in high resource areas—are transforming the energy space worldwide and here in Texas. Explore how these shifts are each affecting Texas today, what challenges and opportunities they present and what we can expect in the near future.

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

 
12:35 pm
Break

12:50 pm

0.50 hr

Renewable Energy Case Law Update 

Review recent court decisions involving renewable energy.

Jacob P. Arechiga, Jackson Walker L.L.P. - Austin, TX

1:20 pm

0.50 hr

Texas Property Tax Incentives

A review of Chapter 313 of the Texas Tax Code dealing with value limitation agreements, including failed legislation, the new form agreement, and rules. Briefly discuss Chapters 312, 380 and 381 of the Local Government Code.

Renn G. Neilson, Baker Botts L.L.P - Houston, TX
Robert Wood, Texas Comptroller of Public Accounts - Austin, TX

1:50 pm

1.00 hr

Islanding the Grid - Getting to 100%

Islanding the grid is dynamically disaggregating the grid to eliminate cascading failures while maintaining power to everyone. As a country, we are at the beginning of being able to see how and why to have such a capability. Explore challenges of cost, regulations, and technology, but also technical benefits in reliability in critical infrastructure protection and financial benefits from minimization of failure related opportunity costs.
 

Jeffrey Mikulina, Blue Planet Foundation - Honolulu, HI
Gene Preston, IEEE - Austin, TX

2:50 pm

0.75 hr ethics

Ethics of Negotiation: Are You Smarter than a First-Year Associate? (Part 2)

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?

This presentation has moved to Wednesday at 10:45 a.m.

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

3:35 pm
Adjourn

UT Law CLE

2016 Renewable Energy Law

Faculty

Conference Faculty

Jacob P. Arechiga
Jackson Walker L.L.P.
Austin, TX
Bill Bojorquez
Hunt Transmission Services, LLC
Dallas, TX
Andy Bowman
Pioneer Green Energy, LLC
Austin, TX
Kristen CastaƱos
Stoel Rives LLP
Sacramento, CA
Megan Ceder
Vinson & Elkins LLP
Houston, TX
Wilson Chu
McDermott Will & Emery
Dallas, TX
Jeff Civins
Haynes and Boone, LLP
Austin, TX
Andrew Dickson
Duke Energy Renewables
Austin, TX
Becky H. Diffen
Vinson & Elkins LLP
Austin, TX
Gregory S. Friend
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Terence Grant
Marathon Capital, LLC
San Francisco, CA
Charlie Hemmeline
Texas Solar Power Association
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
Cary J. Kottler
Clean Line Energy Partners LLC
Houston, TX
Warren Lasher
Electric Reliability Council of Texas, Inc.
Austin, TX
E. Ramey Layne
Vinson & Elkins LLP
Houston, TX
Keith Martin
Chadbourne & Parke LLP
Washington, DC
Mark McPherson
Attorney at Law
Dallas, TX
Jeffrey Mikulina
Blue Planet Foundation
Honolulu, HI
Kevin D. Mohr
King & Spalding
Houston, TX
Renn G. Neilson
Baker Botts L.L.P
Houston, TX
Tuan Pham
PowerFin Partners
Austin, TX
Karen Poff
Austin Energy
Austin, TX
Gene Preston
IEEE
Austin, TX
Shalini Ramanathan
RES Americas
Austin, TX
Lisa Montgomery Shelton
Andrews Kurth LLP
Austin, TX
Susan Williams Sloan
American Wind Energy Association
Austin, TX
Kathleen Spees
The Brattle Group
Cambridge, MA
David B. Spence
The University of Texas at Austin
Austin, TX
Robert Sternthal
CohnReznick Capital Markets Securities, LLC
New York, NY
Jacob Susman
OwnEnergy an EDF RE Company
Brooklyn, NY
Robert Wood
Texas Comptroller of Public Accounts
Austin, TX
Dan Woodfin
Electric Reliability Council of Texas, Inc.
Taylor, TX
Maura Yates
MP2 Energy
Houston, TX

Planning Committee

Zeina El-Azzi—Co-Chair
Blue Earth Inc.
Austin, TX
Brent Stahl—Co-Chair
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Steven Baron
Baron Consulting and Legal Services
Austin, TX
Lisa Chavarria
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Becky H. Diffen
Vinson & Elkins LLP
Austin, TX
Sarah Christine Fernandez
E.On Climate & Renewables
Chicago, IL
Gregory S. Friend
Stahl, Bernal, Davies, Sewell & Chavarria LLP
Austin, TX
Michael G. Grable
Lone Star Transmission, LLC
Austin, TX
Richard Gruber
Thirdpath Advisors, LLC
Austin, TX
Ann A. Hawkins
Skadden, Arps, Slate, Meagher & Flom LLP
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
Michael J. Jewell
Stratus Energy Group
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
Mark Sanders
Texas Renewable Energy Industries Association
Austin, TX
Susan Williams Sloan
American Wind Energy Association
Austin, TX
Gregory J. Smith
The University of Texas School of Law
Austin, TX
Randy Sowell
Lionshare Advisory Services
McCamey, TX
Lacey Watson
Husch Blackwell, LLP
Austin, TX
Adam Wenner
Orrick, Herrington & Sutcliffe LLP
Washington, DC
Roderick E. Wetsel
Wetsel, Carmichael & Allen, LLP
Sweetwater, TX

UT Law CLE

2016 Renewable Energy Law

Credit Information

MCLE Credit

Texas
13.50 hrs  |  1.50 hrs Ethics
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law, Tax 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
13.50 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.  
Oklahoma
16.00 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

TX Accounting CPE
16.00 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

2016 Renewable Energy Law

Key Dates

Austin

  • Last day for Individual early registration: Feb 3, 2016
    Add $50 for registrations received after this time
  • Last day for Group (5-9 ppl) early registration: Feb 3, 2016
    Add $50 for registrations received after this time
  • Last day for Group (10 or more ppl) early registration: Feb 3, 2016
    Add $50 for registrations received after this time
  • Last day for cancellation (full refund): Feb 3, 2016
  • Last day for cancellation (partial refund): Feb 5, 2016
    $50 processing fee applied

UT Law CLE

2016 Renewable Energy Law

Hotel / Venue

Austin

Radisson Hotel and Suites, Austin-Downtown

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

Accommodations

$179 room rate good through January 8, 2016 (subject to availability). 
Reserve your room online
 

Parking Information

Daily Self-Parking:  $3
Overnight Self-Parking: $8
Daily Valet Parking:  $26

UT Law CLE

2016 Renewable Energy Law

Sponsors