University of Texas School of Law

eConference

2019 Renewable Energy Law eConference

Contains material from Feb 2019

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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.
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Total Credit Hours:
13.00 | 2.00 ethics     Credit Info
Specialization: Administrative Law | Oil, Gas and Mineral Law | Real Estate Law | Tax Law

TX MCLE credit expires: 2/29/2020

Includes: Video Audio Paper Slides

$525  

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Credit Hours
1. What's New? (Feb 2019)

Keith Martin

0.50 0.00 0.00 0.50  

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Video (mp4) 34 mins
Audio (mp3) 33 mins
Paper (pdf) 16 pgs
Slides (pdf) 12 pgs

SESSION 1 — 34 mins, credit 0.50

Session 1:

What's New? (Feb 2019)

Hear a lively update on developments affecting the renewable energy market.

Originally presented at: Jan 2019 Renewable Energy Law

Keith Martin, Partner and Co-head of Projects, Norton Rose Fulbright US LLP - Washington, DC

2. Federal Energy Policy - Panel (Feb 2019)

Keith Martin, Hon. Richard A. Glick, Abigail Ross Hopper, Tom Kiernan, Pat Wood III

1.00 0.00 0.00 1.00  

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Video (mp4) 56 mins
Audio (mp3) 56 mins

SESSION 2 — 56 mins, credit 1.00

Session 2:

Federal Energy Policy - Panel (Feb 2019)

An esteemed group of Washington experts discusses the many issues in play in Washington. Topics will include: how the November elections will affect the policy agenda, what to expect on import tariffs, where the renewable energy trade associations are directing their firepower, what is likely to happen on federally-mandated payments by RTOs to coal-fired and nuclear power plants to keep them operating, revisions to PURPA, the cloud over future PJM capacity auctions, possible new incentives to deploy storage and rebuild transmission, and more.

Originally presented at: Jan 2019 Renewable Energy Law

Keith Martin, Partner and Co-head of Projects, Norton Rose Fulbright US LLP - Washington, DC
Hon. Richard A. Glick, Commissioner, Federal Energy Regulatory Commission - Washington, DC
Abigail Ross Hopper, President & CEO, Solar Energy Industries Association - Washington, DC
Tom Kiernan, CEO, American Wind Energy Association - Washington, DC
Pat Wood III, Former PUCT and FERC Chairman, Wood3 Resources - Houston, TX

3. Renewable Energy: Updates from the Courts (Feb 2019)

Melissa Powers

0.50 0.00 0.00 0.50  

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Video (mp4) 30 mins
Audio (mp3) 30 mins
Paper (pdf) 11 pgs
Paper (pdf) 10 pgs
Paper (pdf) 14 pgs
Slides (pdf) 10 pgs

SESSION 3 — 30 mins, credit 0.50

Session 3:

Renewable Energy: Updates from the Courts (Feb 2019)

A discussion of important renewable energy related federal and state court decisions across the U.S. during the past year.

Originally presented at: Jan 2019 Renewable Energy Law

Melissa Powers, Director, Green Energy Institute, Lewis & Clark Law School - Portland, OR

4. 86th Texas Legislative Session Update and Outlook (Feb 2019)

Michael J. Jewell, Suzanne L. Bertin, Jeff Clark, Charlie Hemmeline

0.50 0.00 0.00 0.50  

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Video (mp4) 38 mins
Audio (mp3) 38 mins
Slides (pdf) 3 pgs

SESSION 4 — 38 mins, credit 0.50

Session 4:

86th Texas Legislative Session Update and Outlook (Feb 2019)

A panel discussion of anticipated key renewable energy related bills likely to be considered in upcoming Texas, Oklahoma, California and other key state legislative sessions. 

Originally presented at: Jan 2019 Renewable Energy Law

Michael J. Jewell, Partner, Stratus Energy Group - Austin, TX
Suzanne L. Bertin, Executive Director, Texas Advanced Energy Business Alliance - Austin, TX
Jeff Clark, President, Advanced Power Alliance - Austin, TX
Charlie Hemmeline, Executive Director, Texas Solar Power Association - Austin, TX

5. State Policy Trends in Renewable Energy (Feb 2019)

Vanessa Tutos

0.50 0.00 0.00 0.50  

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Video (mp4) 25 mins
Audio (mp3) 25 mins
Paper (pdf) 3 pgs
Slides (pdf) 4 pgs

SESSION 5 — 25 mins, credit 0.50

Session 5:

State Policy Trends in Renewable Energy (Feb 2019)

An overview of anticipated issues and opportunities in upcoming state legislative sessions, with a primary focus on midwestern and western states where renewable energy development is underway.

Originally presented at: Jan 2019 Renewable Energy Law

Vanessa Tutos, Director - Government Affairs, EDP Renewables North America - Houston, TX

6. Renewable Energy Developments in Mexico (Feb 2019)

Nicolas Borda

0.50 0.00 0.00 0.50  

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Video (mp4) 33 mins
Audio (mp3) 33 mins
Slides (pdf) 11 pgs

SESSION 6 — 33 mins, credit 0.50

Session 6:

Renewable Energy Developments in Mexico (Feb 2019)

At the end of 2018, the Energy Regulatory Commission (CRE) will issue the permanent electricity rate methodology, CENACE will begin with monthly FTR auctions, and clean energy should be at a minimum of 5%. In 2019, we will be able to see in more detail the energy policy of the new administration that begins on December 1, 2018.

Originally presented at: Jan 2019 Renewable Energy Law

Nicolas Borda, Partner, Haynes and Boone, LLP - Mexico City, Mexico

7. 100% Renewables in a City Near You (Feb 2019)

Dale Ross

0.25 0.00 0.00 0.25  

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Video (mp4) 23 mins
Audio (mp3) 22 mins
Slides (pdf) 16 pgs

SESSION 7 — 23 mins, credit 0.25

Session 7:

100% Renewables in a City Near You (Feb 2019)

This summer Georgetown began receiving power from a solar farm in West Texas. The solar farm, in conjunction with a wind farm in the Texas Panhandle, makes Georgetown one of the few cities in the U.S. with 100 percent renewable energy. The decision to go with renewables was predominantly a financial one, but the City has been fortunate to receive coverage from across the world regarding our energy portfolio.

Originally presented at: Jan 2019 Renewable Energy Law

Dale Ross, Mayor, City of Georgetown - Georgetown, TX

8. EPC Contract Considerations for Renewable Energy Projects (Feb 2019)

Alan Cohen, Spencer Preis

0.75 0.00 0.00 0.75  

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Video (mp4) 46 mins
Audio (mp3) 46 mins
Slides (pdf) 72 pgs

SESSION 8 — 46 mins, credit 0.75

Session 8:

EPC Contract Considerations for Renewable Energy Projects (Feb 2019)

Engineering, procurement, and construction contracts (EPC contracts) are used for the development of renewable energy projects. This presentation will focus on key provisions in EPC contracts and issues arising thereunder, including, among others, liquidated damages, indemnity, warranties, limitations of liability, lender protections and requirements, and changed conditions. A discussion on developer and contractor competing interests and concerns, along with best practices, will also be covered.  

Originally presented at: Jan 2019 Renewable Energy Law

Alan Cohen, Partner, Stahl, Davies, Sewell, Chavarria & Friend LLP - Austin, TX
Spencer Preis, Vice President & Associate General Counsel, Southwire Company, LLC - Carrollton, GA

9. Endangered Species and Wildlife – Mitigation as Risk Management (Feb 2019)

Christine Fernandez Owen, Brooke M. Wahlberg

0.75 0.00 0.00 0.75  

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Video (mp4) 41 mins
Audio (mp3) 41 mins
Paper (pdf) 14 pgs
Slides (pdf) 6 pgs

SESSION 9 — 41 mins, credit 0.75

Session 9:

Endangered Species and Wildlife – Mitigation as Risk Management (Feb 2019)

Endangered species and protected habitat areas can present risks to renewable projects, including potential impacts to project timing and costs. Purchasing mitigation land is one tool that can be used to manage risk in both the solar and wind energy context. 

Originally presented at: Jan 2019 Renewable Energy Law

Christine Fernandez Owen, Attorney, Clean Law PC - Chicago, IL
Brooke M. Wahlberg, Partner, Nossaman LLP - Austin, TX

10. Boilerplate Clauses in Contracts (Feb 2019)

Ann Walker McDowell

0.50 0.00 0.00 0.50  

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Video (mp4) 27 mins
Audio (mp3) 26 mins
Slides (pdf) 13 pgs

SESSION 10 — 27 mins, credit 0.50

Session 10:

Boilerplate Clauses in Contracts (Feb 2019)

Boilerplate clauses are seldom negotiated but are often some of the earliest clauses reviewed in the event of a dispute. Although boilerplate clauses are reused in contract after contract, they should be carefully reviewed for reliability, enforceability, and relevance each time they are used in a contract.

Originally presented at: Jan 2019 Renewable Energy Law

Ann Walker McDowell, Associate Director - Legal, EDP Renewables North America - Houston, TX

11. Best Practices for Solar Development in Resolving Mineral Estate Issues (Feb 2019)

James L. (Jim) Gosdin

0.50 0.00 0.00 0.50  

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Video (mp4) 34 mins
Audio (mp3) 34 mins
Paper (pdf) 40 pgs
Slides (pdf) 13 pgs

SESSION 11 — 34 mins, credit 0.50

Session 11:

Best Practices for Solar Development in Resolving Mineral Estate Issues (Feb 2019)

A general overview of relevant law in selected states concerning minerals, such as limitations acts, dormant mineral interest acts, surface damage laws, and statutory notice requirements. Review the doctrine of accommodation or due regard and consider title insurance and requirements, such as surface waivers or drill site agreements for available endorsements. 

Originally presented at: Jan 2019 Renewable Energy Law

James L. (Jim) Gosdin, Sr. Vice President, Associate General Counsel, Chief Underwriting Counsel & Chief Reinsurance Counsel, Stewart Title Guaranty Company - Houston, TX

12. That's All the News for Today. Stay Ethical, Austin! (Feb 2019)

Irma Russell, Alison Leonard Gardner, Tracy L. Kepler

1.00 1.00 0.00 1.00 | 1.00 ethics  

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Video (mp4) 58 mins
Audio (mp3) 58 mins
Paper (pdf) 4 pgs
Slides (pdf) 16 pgs

SESSION 12 — 58 mins, credit 1.00 | 1.00 ethics

Session 12:

That's All the News for Today. Stay Ethical, Austin! (Feb 2019)

In recent years, the news has highlighted ethics issues relating to conflicts of interest, confidentiality, the use of social media, supervision of non‑lawyers, and other topics.  This panel will use factual scenarios to discuss the requirements and lessons of the ABA Model Rules of Professional Conduct, including Rules 1.6, 1.7, 5.3, and 7.1 and to consider practical ways to identify and avoid ethical pitfalls. Some scenarios are ripped from current headlines; others are conceptualizations of problems worth avoiding. 

Originally presented at: Jan 2019 Renewable Energy Law

Prof. Irma Russell, Edward A. Smith/ Missouri Chair in Law, the Constitution, and Society, University of Missouri-Kansas City School of Law - Kansas City, MO
Alison Leonard Gardner, Sr. Vice President & General Counsel, E.On Climate & Renewables - Austin, TX
Tracy L. Kepler, Director of Center for Professional Responsibility, American Bar Association - Chicago, IL

13. Public Utility Commission of Texas and ERCOT (Feb 2019)

McCall Johnson, Warren Lasher, Arthur C. D'Andrea

0.75 0.00 0.00 0.75  

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Video (mp4) 50 mins
Audio (mp3) 50 mins

SESSION 13 — 50 mins, credit 0.75

Session 13:

Public Utility Commission of Texas and ERCOT (Feb 2019)

An overview and update of recent issues involving the PUCT and ERCOT, including summer 2018, price formation, temporary taps, TCOS schedules and potential substation regulation.

Originally presented at: Jan 2019 Renewable Energy Law

McCall Johnson, Sr. Manager - Government Affairs, Recurrent Energy - San Francisco, CA
Warren Lasher, Senior Director of System Planning, Electric Reliability Council of Texas, Inc. - Austin, TX
Arthur C. D'Andrea, Public Utility Commission of Texas - Austin, TX

14. Wind Generation in SPP: How High Can We Go? (Feb 2019)

Philip Bruich

0.75 0.00 0.00 0.75  

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Video (mp4) 42 mins
Audio (mp3) 42 mins
Slides (pdf) 18 pgs

SESSION 14 — 42 mins, credit 0.75

Session 14:

Wind Generation in SPP: How High Can We Go? (Feb 2019)

An overview of operational challenges and market impacts as Southwest Power Pool continues to set new wind penetration records.

Originally presented at: Jan 2019 Renewable Energy Law

Philip Bruich, Director of Settlements, Southwest Power Pool - Little Rock, AR

15. Repowering Wind Projects (Feb 2019)

Kevin Knight

0.50 0.00 0.00 0.50  

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Video (mp4) 33 mins
Audio (mp3) 32 mins
Slides (pdf) 7 pgs

SESSION 15 — 33 mins, credit 0.50

Session 15:

Repowering Wind Projects (Feb 2019)

How is a repowering project different from a new wind energy project? Explore unique legal and commercial terms, federal and state incentives, contractual arrangements and technical, permitting, and environmental considerations that impact repowering projects.

Originally presented at: Jan 2019 Renewable Energy Law

Kevin Knight, Sr. Vice President, GE Energy Financial Services - Stamford, CT

16. Opportunities and Challenges for Battery Storage Projects (Feb 2019)

Rohit Sachdev, Chris Calavitta, Cody Hill, Katherine Ryzhaya

0.75 0.00 0.00 0.75  

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Video (mp4) 45 mins
Audio (mp3) 44 mins
Paper (pdf) 23 pgs
Slides (pdf) 3 pgs

SESSION 16 — 45 mins, credit 0.75

Session 16:

Opportunities and Challenges for Battery Storage Projects (Feb 2019)

A discussion addressing the opportunities and challenges in developing and financing stand-alone and “hybrid” (generation + storage) battery storage projects today, including current deal structures and tax and policy issues, and an evaluation of where future growth is expected in the battery storage market.

Originally presented at: Jan 2019 Renewable Energy Law

Rohit Sachdev, Partner, Orrick, Herrington & Sutcliffe LLP - San Francisco, CA
Chris Calavitta, Sr. Vice President, Macquarie Capital - Austin, TX
Cody Hill, Director of Energy Storage, LS Power - San Francisco, CA
Katherine Ryzhaya, Chief Commercial Officer, Lightsource Renewable Energy - San Francisco, CA

17. Commercial & Industrial Energy Procurement of Renewable Energy (Feb 2019)

Cindy Ortega

0.50 0.00 0.00 0.50  

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Video (mp4) 25 mins
Audio (mp3) 25 mins
Slides (pdf) 8 pgs

SESSION 17 — 25 mins, credit 0.50

Session 17:

Commercial & Industrial Energy Procurement of Renewable Energy (Feb 2019)

In 2016, MGM Resorts completed a bold and ambitious process to separate from its local electric utility in Las Vegas and enter the wholesale power market. This action set an industry trend, enabled MGM Resorts to control its own course of energy procurement, and paved the way to one of the largest private solar development partnerships in the Country.

Originally presented at: Jan 2019 Renewable Energy Law

Cindy Ortega, Sr. Vice President & Chief Sustainability Officer, MGM Resorts International - Las Vegas, NV

18. Developer Perspective on Hedges, Traditional PPAs, and Insurance Related Products (Feb 2019)

Bruce Thompson

0.75 0.00 0.00 0.75  

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Video (mp4) 44 mins
Audio (mp3) 44 mins
Paper (pdf) 18 pgs
Slides (pdf) 18 pgs

SESSION 18 — 44 mins, credit 0.75

Session 18:

Developer Perspective on Hedges, Traditional PPAs, and Insurance Related Products (Feb 2019)

The choice among traditional PPAs, price hedges or insurance related products as means to reduce or eliminate risk to future project revenues, is based upon energy price and non-energy price features of each type of contract and prevailing market conditions. Different regions across the North American power markets can favor different solutions at the same time.

Originally presented at: Jan 2019 Renewable Energy Law

Bruce Thompson, Director of Origination, Lendlease Energy Development LLC - Irving, TX

19. Tax Credits & Beyond: Financing Renewable Energy Projects – Where Do We Go From Here? (Feb 2019)

Becky H. Diffen, Melinda Baglio, Bessie Clark, Asha Gandhi

0.75 0.00 0.00 0.75  

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Video (mp4) 45 mins
Audio (mp3) 43 mins
Slides (pdf) 6 pgs

SESSION 19 — 45 mins, credit 0.75

Session 19:

Tax Credits & Beyond: Financing Renewable Energy Projects – Where Do We Go From Here? (Feb 2019)

Will the pipeline for remaining 100% PTC projects get financed by end of 2020? What will happen to deal terms and structures as tax credits phase out? Has repowering gained traction? What storage project finance structures are being executed, with and without ITC? Hear a discussion of these questions and more!

Originally presented at: Jan 2019 Renewable Energy Law

Becky H. Diffen, Chair of Renewable Energy, McGuireWoods LLP - Austin, TX
Melinda Baglio, Head of Acquisitions and General Counsel, CleanCapital - New York City, NY
Bessie Clark, Senior Manager - Private Investment Team, Hannon Armstrong - Annapolis, MD
Asha Gandhi, Finance Senior Manager, EDP Renewables North America - Houston, TX

20. Conflicts of Interest in Renewable Energy (Feb 2019)

Tom Spahn

1.00 1.00 0.00 1.00 | 1.00 ethics  

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Video (mp4) 59 mins
Audio (mp3) 59 mins
Paper (pdf) 10 pgs
Paper (pdf) 171 pgs

SESSION 20 — 59 mins, credit 1.00 | 1.00 ethics

Session 20:

Conflicts of Interest in Renewable Energy (Feb 2019)

Using hypotheticals, this interactive presentation will address conflicts of interest that can arise when renewable energy deal participants arrange for a joint representation, enter into a common interest agreement, create a joint venture, or otherwise work together.

Originally presented at: Jan 2019 Renewable Energy Law

Tom Spahn, Partner, McGuireWoods LLP - Tysons, VA