2022

Renewable Energy Law Essentials

Proceeding as Live Webcast Jan 31, 2022
Conference Concluded

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Related products: eConference Materials

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

EXCLUSIVE WEBCAST SPONSOR

LUNCHEON SPONSOR

PREMIER SPONSORS
Clean Law PC
Haynes and Boone, LLP
Locke Lord LLP

INSTITUTE SPONSORS
Bernstein Shur
Dykema
First American Title Insurance Company
Foley & Lardner LLP
Husch Blackwell
Madison Street Energy LLC
Nossaman LLP
Orrick, Herrington & Sutcliffe LLP

SUPPORTING ORGANIZATIONS
Texas Solar Power Association
Women of Renewable Industries and Sustainable Energy

Download Brochure (PDF)

Overview

Join us for the Renewable Energy Law Essentials program—now as a live webcast—a perfect overview for new entrants in the field, providing an introduction to ERCOT, and the basics on financing, leasing, titles, and surveys.

And stay on for the 17th Annual Renewable Energy Law Conference for two days of the latest developments affecting renewable energy in Texas and nationwide.

Event Schedule

Program is subject to change.
All times are Central Time Zone.

Time

Credit

Subject

Speaker
Monday Afternoon, Jan. 31, 2022
Presiding Officer:
Caitlin Smith, Jupiter Power - Austin, TX
1:00 pm

Welcoming Remarks
1:10 pm

0.50 hr

Top 10 Issues to Ensure Your Renewable Energy Lease is Financeable

Cover key issues needing to be thoughtfully considered when drafting a renewable energy lease and/or easement agreement. These 10 issues are those lenders would carefully evaluate when reviewing executed site control agreements prior to closing on a financing transaction to lend funds to a developer for construction of a renewable energy project.

Krystle Campa, Fredrikson & Byron - Des Moines, IA
Karen Lessick, Invenergy LLC - Chicago, IL
1:40 pm

5-Minute Break
1:45 pm

0.50 hr

Key Differences between Leases for Solar, Wind and Energy Storage Projects

The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure.

Theresa Carroll, Clean Law PC - Chicago, IL
2:15 pm

10-Minute Break
2:25 pm

1.00 hr

ALTA Title and Survey Basics, Practice Tips and What’s New in 2021

A primer on mitigation of development and project risk through title and survey diligence and title coverage, including endorsements to title coverage, practical tips on variances in title pricing and practice across jurisdictions, and an overview of 2021 ALTA promulgated owner’s policy and loan policy forms and 2021 ALTA survey standards.

Caitlin P. Beer, Leeward Renewable Energy, LLC - Dallas, TX
Larry Bonney, Foley & Lardner LLP - Milwaukee, WI
John F. Watson, Surveying And Mapping, LLC (SAM) - Midland, TX
3:25 pm

5-Minute Break
3:30 pm

0.75 hr

ERCOT 101 Market Overview

High-level discussion of the key principles of the ERCOT energy markets.

Carrie Bivens, Potomac Economics - Austin, TX
4:15 pm

10-Minute Break
4:25 pm

0.50 hr

Locating Information Regarding the ERCOT Electric Grid & Energy Market

An overview on how to access the reports, data, and other information that is regularly published by ERCOT through its website.

Douglas Fohn, ERCOT - Austin, TX
Amy Lofton, ERCOT - Austin, TX
4:55 pm

5-Minute Break
5:00 pm

0.75 hr

Fundamental ERCOT and PUCT Issues Affecting Offtake Agreements in ERCOT

A discussion of ERCOT and PUCT regulatory and market structure issues that often arise in physical and virtual power purchase agreements, including issues arising with retail sleeving and behind-the-meter offtake arrangements.

Stephanie Kroger, Eversheds Sutherland (US) LLP - Austin, TX
5:45 pm

Adjourn

Download Schedule

Conference Faculty

Caitlin P. Beer

Leeward Renewable Energy, LLC
Dallas, TX

Carrie Bivens

Potomac Economics
Austin, TX

Larry Bonney

Foley & Lardner LLP
Milwaukee, WI

Krystle Campa

Fredrikson & Byron
Des Moines, IA

Theresa Carroll

Clean Law PC
Chicago, IL

Douglas Fohn

ERCOT
Austin, TX

Stephanie Kroger

Eversheds Sutherland (US) LLP
Austin, TX

Karen Lessick

Invenergy LLC
Chicago, IL

Amy Lofton

ERCOT
Austin, TX

John F. Watson

Surveying And Mapping, LLC (SAM)
Midland, TX

Planning Committee

Caitlin Smith—Co-Chair

Jupiter Power
Austin, TX

Brent Stahl—Co-Chair

Stahl, Davies, Sewell, Chavarria & Friend LLP
Austin, TX

Matthew Arth

Locke Lord LLP
Austin, TX

Scott D. Deatherage

S Deatherage Law, PLLC
Dallas, TX

Becky H. Diffen

Norton Rose Fulbright
Austin, TX

Maria Faconti

Husch Blackwell
Austin, TX

Christine Fernandez Owen

Clean Law PC
Chicago, IL

Rodrigo J. Figueroa

Dykema
San Antonio, TX

Gregory S. Friend

Stahl, Davies, Sewell, Chavarria & Friend LLP
Austin, TX

Michael G. Grable

Oncor Electric Delivery
Dallas, TX

Peter L. Harsy

Madison Street Energy LLC
Chicago, IL

Marty Hopkins

Eversheds Sutherland
Austin, TX

Monty Humble

High Road Clean Energy LLC
Austin, TX

Michael J. Jewell

Jewell & Associates, PLLC
Austin, TX

McCall Johnson

Innovant Public Relations
Houston, TX

Diana M. Liebmann

Haynes and Boone, LLP
San Antonio, TX

Andrea Lucan

Allen & Overy
Los Angeles, CA

Samuel William Porter

Synergetic
Austin, TX

Carolyn E Shellman

Enoch Kever
Austin, TX

Susan Williams Sloan

EDP Renewables
Austin, TX

Beth A. Smith

Bernstein Shur
Portland, ME

Thomas Tynes

Santanna Energy Services & CleanTX
Austin, TX

Adam Wenner

Orrick, Herrington & Sutcliffe LLP
Washington, DC

Credit Info

Proceeding as Live Webcast

MCLE Credit

Texas – 4.00 hrs
Legal Specialization(s): Administrative Law, Oil, Gas and Mineral Law, Real Estate Law, Tax Law

You may claim your credit online in Your Briefcase, and UT Law CLE will report credit on your behalf to the State Bar of Texas. A Certificate of Completion will be emailed to you upon claiming credit. The system reports Texas CLE credit every Tuesday. If you are claiming credit in the last week of your birth month, self-report your CLE credit directly to the State Bar of Texas at texasbar.com, using the course number provided on your certificate of attendance.

California – 4.00 hrs

To claim California MCLE credit, California credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

You must claim your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE is required to provide the State Bar with electronic attendance records for any MCLE participatory activity within 60 days of completion of the activity. The California licensee is responsible for reporting their compliance/credit hours earned to the State Bar at the end of their reporting period directly to the State Bar of California at calbar.ca.gov. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 60-minute credit hour.

Illinois – 4.00 hrs

To claim Illinois MCLE credit, Illinois credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

Within 10 days of the conference you must claim and certify your credit online in Your Briefcase, then you will be provided a Certificate of Attendance for your records. UT Law CLE will verify the number of Illinois attorneys in attendance within 10 days after the conference and will report your credit to the MCLE Board of the Supreme Court of Illinois. Failure to submit your credit within 10 days may result in attendance not being reported or may result in additional fees being assessed to you for credit reporting. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 60-minute credit hour.

Kansas – 4.50 hrs

To claim Kansa MCLE credit, Kansas credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

You must claim and certify your credit online in Your Briefcase, and provide your Kansas Registration number in your UTCLE.org account. UT Law CLE will report credit claimed credit on your behalf to the Kansas Continuing Legal Education Commission (KSCLE) within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.

MCLE credit is presented based on a 50-minute credit hour.

Louisiana – 4.00 hrs

To claim Louisiana MCLE credit, Louisiana credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

At the completion of the conference you must claim and certify your credit online in Your Briefcase, and will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Supreme Court of Louisiana Continuing Legal Education Committee within 30 days after the conference.

MCLE credit is presented based on a 60-minute credit hour.

Nebraska – 4.00 hrs

To claim Nebraska MCLE credit, Nebraska credit option must be selected PRIOR to viewing the live webcast. You must claim and certify your credit online in Your Briefcase, then you will be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the Nebraska Supreme Court Continuing Legal Education Commission within 30 days after the conference. UT Law CLE will maintain Attendance Records for four years.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.
MCLE credit is presented based on a 60-minute credit hour.

New Mexico – 4.00 hrs

You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records. UT Law CLE will report credit on your behalf to the State Bar of New Mexico within 30 days after the conference.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.
MCLE credit is presented based on a 60-minute credit hour.

Oklahoma – 5.00 hrs

To claim Oklahoma MCLE credit, Oklahoma credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

The University of Texas School of Law (Provider #169) live webcast presentations meet the requirements and are presumptively approved by the Oklahoma Bar Association for MCLE credit based on a 50-minute credit hour. Upon claiming credit, a Certificate of Completion will be emailed to you. UT Law CLE will report credit on your behalf to the Oklahoma Bar Association within 30 days after the webcast.

Pennsylvania – 4.00 hrs

To claim Pennsylvania MCLE credit, Pennsylvania credit option must be selected PRIOR to viewing the live webcast. This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. Verification pop-ups will NOT display when the webcast video player is in "full screen" mode. Furthermore, the notification sound effect alerting pop-ups, will NOT play on mobile devices. We recommend viewing from a computer, as opposed to a mobile device, should MCLE credit, other than Texas, be needed. The response record is detailed on the Certificate of Completion.

UT Law CLE is an approved provider of Pennsylvania credit, sponsor #236. Attorney attendance will be reported to Pennsylvania within 2 weeks after credit is claimed and submitted. Attorneys are not able to report this credit on their own, and UT Law CLE pays all associated fees for the credit hours. Contact us at accreditation@utcle.org if you have additional questions.

MCLE credit is presented based on a 60-minute credit hour.

Other States – 4.00 hrs

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 to ensure it will qualify for self-reporting your credits.

To claim Other States MCLE credit, Other States credit option must be selected PRIOR to viewing the live webcast. You must claim and certify your credit online in Your Briefcase, you will then be provided a Certificate of Attendance for your records and to provide to other licensing authorities as needed.

This accreditation requires attendance verification. UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

MCLE credit is presented based on a 60-minute credit hour.

Other Credit

TX Accounting CPE – 5.00 hrs

The University of Texas School of Law (Provider #250) live webcast presentations meet the requirements and 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.

This accreditation requires attendance verification. In compliance with the rules, UT Law CLE monitors and records attendee responses to questions that randomly appear during the live webcast presentation. The response record is detailed on the Certificate of Completion.

To claim Texas Accounting CPE credit, the Texas Accounting CPE credit option must be selected PRIOR to viewing the live webcast. Upon claiming credit, a Certificate of Completion will be emailed to you. Self-report your CPE credit directly to the Texas State Board of Public Accountancy.

Contact us at accreditation@utcle.org if you have additional questions.

TX Professional Engineer – 4.00 hrs

This course may qualify for self-reporting credits with PELS (TX Board of Professional Engineers and Land Surveyors) - please use the link below to find information on how to track your credit with PELS. When you select this credit type in the webcast, you will receive a downloadable Certificate of Attendance with date and course information for your records.

https://pels.texas.gov/pecep.htm

TX Real Estate Commission (TREC) – 4.00 hrs

To request continuing education elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a license holder is required to file an Individual Credit Request for State Bar Course.

https://www.trec.texas.gov/sites/default/files/pdf-forms/CE_CLE-1%2004.10.23.pdf
Use this link to obtain the TREC MCE form for self-reporting your TREC credit. To obtain your Certificate of Attendance you will need to claim credit in your UTCLE account and once claimed you will be able to download a Certificate of Attendance to include with your credit request form.

Key Dates

Proceeding as Live Webcast – Jan 31, 2022

Conference Concluded

Buy

Proceeding as Live Webcast

Individual
Last day for $175.00 Regular pricing: Jan 25, 2022

$225.00 for registrations received after this time

Group (5 registrants minimum)
Last day for $160.00 Regular pricing: Jan 25, 2022

$210.00 for registrations received after this time

Group (10 registrants minimum)
Last day for $140.00 Regular pricing: Jan 25, 2022

$190.00 for registrations received after this time

Our Sponsors

Thank you to our sponsors! Click each logo below to learn more.

Stahl, Davies, Sewell, Chavarria & Friend, LLP

Since 2000, Stahl, Davies, Sewell, Chavarria & Friend, LLP has helped clients build more than 21 GWs of solar, wind, energy storage, and gas-fired energy plants. The firm has worked on the development, finance, acquisition and sale of energy projects in Texas, California, Oklahoma, Nebraska, and numerous other states. Its practice includes energy storage projects, commercial real estate transactions, State of Texas sales/franchise tax planning and disputes, and Texas Public Utility Commission work. The firm’s lawyers are experienced in preparing wind, solar, and energy storage leases and easements, and in working on purchase/sale/option agreements, property tax agreements, environmental matters, crossing agreements, BOP/EPC construction contracts, and mineral accommodation agreements. We analyze and resolve the myriad of legal, title, environmental, and survey issues arising in the development of energy and real estate projects. We work closely and collaboratively with project developers and financial parties to coordinate the real estate documents, governmental approvals/permits, surveys, title policies, and legal opinions necessary to close deals. sbaustinlaw.com/
AmTrust Title

AmTrust Title Insurance Company is the title insurance member of AmTrust group, a multinational insurance group with $3.5 billion in equity and approximately $2 billion of U.S. policyholders’ surplus. AmTrust has combined this unparalleled financial strength with an equally impressive team having over 25 years of experience insuring national and global projects in the renewables space.

Our nationally recognized attorneys, underwriters and project coordinators draw upon years of successful energy transactions to facilitate all types and sizes of projects across North America. Acting as a working partner on a project, they blend their knowledge of surface and mineral rights with a thorough understanding of title insurance and practical risk assessment to deliver the unique title insurance product required of energy projects.
amtrustfinancial.com/title
Clean Law PC

Headquartered in the windy city, Clean Law PC represents clean energy clients in their nationwide development efforts as well as a variety of commercial real estate matters. With our business-minded attitude, we understand and appreciate the need for effective legal risk analysis and allocation, while respecting the bottom line.
We've been representing clients for over 20 years and have been retained to assist on a wide range of clean energy projects, including utility scale wind, solar and battery storage. We pride ourselves on second-to-none client service and transparent communication throughout the project. www.cleanlawpc.com/
Haynes Boone

Haynes and Boone, LLP is an international corporate law firm serving clients involved in some of the most innovative renewable and alternative energy projects in the world, as well as traditional power generation projects. Our clients benefit from our broad experience in regulatory, environmental, transactional and dispute-related legal work as well as our strategic planning advice with regard to both regulatory and commercial risks. Our lawyers work with start-ups, investors, joint venture partners, power generators, power marketers, retail electric providers, independent power producers and electric utilities. With more than 600 attorneys in 18 offices in Texas, New York, California, Charlotte, Chicago, Denver, Washington, D.C., London, Mexico City and Shanghai, Haynes Boone is ranked among the top law firms in the nation by Best Lawyers, Chambers USA and the Legal 500.

haynesboone.com
Locke Lord LLP

Locke Lord has one of the leading national practices representing developers, investors and lenders in the development, sale, purchase, financing and operation of renewable energy projects of all types across North America. Our long history in the renewables industry dates back to the early 2000s when we founded the Renewable Energy Coalition and led the effort to deregulate Texas' energy markets, opening the door for the explosive growth of wind energy development in the State. Since then, our practice has expanded to cover the full spectrum of legal issues faced by wind, solar, storage and other types of renewable energy projects across the nation. Our deep experience in development and commercial issues and our national footprint enable us to provide efficient, comprehensive and cost-effective representation on the full life-cycle of our clients' projects, including commercial, acquisition and financing transactions and construction and commercial litigation.
www.lockelord.com/
Bernstein Shur

Bernstein Shur is a Portland, Maine-based law firm advising energy clients across the U.S. and around the world. Our interdisciplinary energy team has a wealth of experience in utility-scale and distributed generation wind, solar, hydroelectric, natural gas, and biomass transactions, including established and emerging energy storage technologies. We routinely act as lead and local counsel on energy projects and transactions throughout New England and around the world at all stages of the project life cycle, ranging from $1 billion electric utility acquisitions to the development of 1-2 megawatt distributed generation projects. We are experienced in all aspects of project development, debt and equity financing, and due diligence, including title and site control, state and local permitting, regulatory, construction, property tax valuation, and environmental matters. But we’re not just energy attorneys; we’re also business partners for our clients, helping them get new products to market efficiently and cost-effectively and strategizing about the best ways to advance their long-term goals. www.bernsteinshur.com/
Dykema

www.dykema.com/
First American Title Insurance Company

First American Title Insurance Company

www.firstam.com/
Foley & Lardner LLP

Foley’s Energy Industry Team helps clients address regulatory and legal concerns to keep their traditional and renewable source projects on track. Whether you are a company whose core business is energy or you are handling projects that involve some facet of the energy industry, Foley's Energy attorneys are key strategic partners—from due diligence, negotiation, and regulatory approval to closing. We have a long history of successfully managing energy projects and financings, particularly involving renewable fuel sources such as onshore and offshore wind, solar, hydro, geothermal, biomass, ethanol, and biodiesel. Our services to the renewable energy market are comprehensive and include permitting, community relations, land rights, equipment procurement, construction, finance, power purchase arrangements, interconnection and project acquisitions, mergers, securities offerings, compliance issues, litigation, joint ventures, and divestitures. We are one of the most experienced law firms in structuring transactions to best utilize the federal production tax credit, the investment tax credit, and the grant in lieu of investment tax credit―the Section 1603 grant. www.foley.com/energy/
Husch Blackwell

Across the country and around the world, Husch Blackwell clients are blazing new trails in energy production and sustainability – and we’re right there with them. Our Energy & Natural Resources team includes former regulatory commissioners and legislators who have led key energy policies. Our attorneys have extensive experience guiding multinational energy companies through today’s complex business and regulatory issues. We are leaders in the renewable energy field and have performed development and transactional work on over 50,000-MW of solar, wind and battery storage projects in the past decade. Our team has a nationwide reputation for innovative ideas for developing, constructing, structuring and financing wind and solar energy projects and businesses throughout the country. We have experience in nearly all power generation technologies, and we have completed the purchase or sale of nearly 50 renewable and thermal power generation facilities.
www.huschblackwell.com/
Madison Street Energy LLC

madisonstreetenergy.com
Nossaman LLP

Nossaman LLP is a national law firm working seamlessly across the United States with offices in Austin, Los Angeles, Orange County, Sacramento, San Francisco, Seattle and Washington, DC. For 80 years, Nossaman has delivered the highest quality legal expertise and policy advice to clients nationwide. The Firm focuses on distinct areas of law and policy, as well as in specific industries ranging from real estate development, transportation and energy, to water law, project finance and government relations. Our firm is nationally recognized for its Environmental Law practice. We represent public and private entities with respect to natural resource protection, development compliance and permitting and conservation issues before the U.S. Congress, state legislatures, federal and state environmental protection regulatory agencies, and federal and state courts. We assist clients with permitting, development, compliance and defense of complex and large-scale public and private projects.
www.nossaman.com/
Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP has a widely recognized renewable energy practice, with over 150 lawyers focusing on the energy industry globally. We’ve been working on renewables projects for almost 40 years, and today our team works across 26 offices on four continents, representing prominent industry participants in virtually every sector of the industry, including solar, wind, geothermal, biofuels, hydro, landfill gas and storage. Our team members not only understand the legal aspects of renewable energy transactions, but we are intimately familiar with the key commercial issues that drive our clients’ businesses and success. For this reason, the most successful industry participants consistently select us for their most important transactions in renewable energy, including development, finance and M&A.
orrick.com