University of Texas School of Law

eCourse

Answer Bar: Navigating a Renewable Energy Project

Contains material from Mar 2017 to Feb 2019

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Session 1: What's New in the Renewable Energy Market? - Hear a lively update on developments affecting the renewable energy market.

Session 2: Tax Credits & Beyond: Financing Renewable Energy Projects – Where Do We Go From Here? 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!

Session 3: Regulatory Due Diligence Issues in Energy Financing - Survey the electric and environmental regulatory issues in generation project finance, including an examination of permitting, and electric and environmental regulatory issues from the perspective of developers, lenders and tax equity investors. Learn how parties approach these issues and how developers can organize and prepare their information to allow for an efficient due diligence process.

Session 4: Opportunities and Challenges for Battery Storage Projects - 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.

Session 5: Utility Scale Solar Leases and Related Documents - Legal Considerations for Landowners and Developers Focus on issues encountered when drafting and negotiating utility scale solar leases and related land control documents. Hear both developer and landowner viewpoints on common clauses and issues such as lease financeability, mineral development, and compensation arrangements; and explore ancillary documents such as options, surface waivers, and transmission line easements.

Session 6: “Boilerplate” Clauses in Wind Lease Agreements - What lawyers should know about common “boilerplate” clauses in wind lease agreements including insurance provisions, indemnity provisions, lender protections, estoppel clauses, and assignment clauses.

Session 7: EPC Contract Considerations for Renewable Energy Projects - 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.

Session 8: Public Lands Hear from University Lands and the GLO with respect to renewable energy leases, agreements, surface waivers, and more, including a discussion of the application process and contract expectations.

Session 9: Distributed C&I PPAs: Overview and Trends - On-site rooftop, carport, and groundmount solar generation continues to expand. Hear key provisions of behind-the-meter commercial and industrial power purchase agreements, an overview of the typical project financing and contract structure, and highlights of some of the recent trends and developments shaping negotiations.

Session 10: Title and Survey Essentials: State Variances / Wind and Solar Distinguished Learn the variances across state lines in title insurance practice and surveys for renewable energy projects, from available risk mitigation endorsements to pricing. Learn the differences in title risks and concerns in utility scale wind projects versus solar projects.

Session 11: Best Practices for Solar Development in Resolving Mineral Estate Issues - 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.

Session 12: Innovative Insurance and Risk Management Products and Emerging Trends in the Renewables Sector - Whether you’re looking to finance projects utilizing prototypical equipment and emerging technologies, create synthetic PPAs, or de-risk M&A transactions or tax positions, a host of commercially available products are available to facilitate your strategic goals in an ever changing insurance marketplace. Learn examples of how various insurance and risk management products have transferred risk and reduced uncertainties that can stand in the way of developing, financing, acquiring or divesting projects utilizing a variety of renewable energy technologies.

Session 13: Conflicts of Interest in Renewable Energy 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.
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Total Credit Hours:
9.75 | 1.00 ethics     Credit Info

TX MCLE credit expires: 3/31/2020

Includes: Video Audio Paper Slides

$305  

Preview Sessions
Credit Hours
1. What's New in the Renewable Energy Market? (Feb 2019)

Keith Martin

0.50 0.00 0.00 0.50  

Preview Session Materials

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for offline use.

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 in the Renewable Energy Market? (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. 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  

Preview Session Materials

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for offline use.

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

SESSION 2 — 45 mins, credit 0.75

Session 2:

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

3. Regulatory Due Diligence Issues in Energy Financing (Mar 2017)

Meghan Elaine Griffiths, George "Chip" Cannon Jr., Amy Fisher, James A. Thornhill

1.00 0.00 0.00 1.00  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 64 mins
Audio (mp3) 63 mins
Paper (pdf) 18 pgs
Slides (pdf) 7 pgs
Slides (pdf) 3 pgs
Slides (pdf) 5 pgs
Slides (pdf) 13 pgs

SESSION 3 — 64 mins, credit 1.00

Session 3:

Regulatory Due Diligence Issues in Energy Financing (Mar 2017)

Survey the electric and environmental regulatory issues in generation project finance, including an examination of permitting, and electric and environmental regulatory issues from the perspective of developers, lenders and tax equity investors. Discuss how parties approach these issues and how developers can organize and prepare their information to allow for an efficient due diligence process.  

Originally presented at: Jan 2017 Renewable Energy Law

Meghan Elaine Griffiths, Andrews Kurth - Austin, TX
George "Chip" Cannon Jr., Akin Gump Strauss Hauer & Feld LLP - Washington, DC
Amy Fisher, GE Energy Financial Services - Stamford, CT
James A. Thornhill, McGuireWoods LLP - Richmond, VA

4. 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  

Preview Session Materials

You may download session materials
for offline use.

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

SESSION 4 — 45 mins, credit 0.75

Session 4:

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

5. Utility Scale Solar Leases and Related Documents - Legal Considerations for Landowners and Developers  (Mar 2017)

Lisa Chavarria, Roderick E. Wetsel

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 46 mins
Audio (mp3) 46 mins
Paper (pdf) 15 pgs
Paper (pdf) 12 pgs
Slides (pdf) 6 pgs

Preview limited to first 5 slides
of 12
SESSION 5 — 46 mins, credit 0.75

Session 5:

Utility Scale Solar Leases and Related Documents - Legal Considerations for Landowners and Developers  (Mar 2017)

Focus on issues encountered when drafting and negotiating utility scale solar leases and related land control documents. Hear both developer and landowner viewpoints on common clauses and issues such as lease financeability, mineral development, and compensation arrangements; and explore ancillary documents such as options, surface waivers, and transmission line easements.

Originally presented at: Jan 2017 Renewable Energy Law

Lisa Chavarria, Stahl, Bernal, Davies, Sewell & Chavarria LLP - Austin, TX
Roderick E. Wetsel, Wetsel, Carmichael & Allen, LLP - Sweetwater, TX

6. “Boilerplate” Clauses in Wind Lease Agreements (Mar 2017)

Lisa Marie Chavez

0.50 0.00 0.00 0.50  

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for offline use.

Video (mp4) 24 mins
Audio (mp3) 23 mins
Paper (pdf) 16 pgs
Slides (pdf) 39 pgs

Preview limited to first 5 slides
of 77
SESSION 6 — 24 mins, credit 0.50

Session 6:

“Boilerplate” Clauses in Wind Lease Agreements (Mar 2017)

What lawyers should know about common “boilerplate” clauses in wind lease agreements including insurance provisions, indemnity provisions, lender protections, estoppel clauses, and assignment clauses.

Originally presented at: Jan 2017 Renewable Energy Law

Lisa Marie Chavez, Wagstaff Law Firm - Abilene, TX

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

Alan Cohen, Spencer Preis

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

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

SESSION 7 — 46 mins, credit 0.75

Session 7:

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

8. Public Lands (Feb 2018)

Gregory S. Friend, Richard Brantley, Kenneth W. Mills

0.75 0.00 0.00 0.75  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 41 mins
Audio (mp3) 41 mins
Paper (pdf) 16 pgs
Slides (pdf) 11 pgs

SESSION 8 — 41 mins, credit 0.75

Session 8:

Public Lands (Feb 2018)

Hear from University Lands and the GLO with respect to renewable energy leases, agreements, surface waivers, and more, including a discussion of the application process and contract expectations.

Originally presented at: Jan 2018 Renewable Energy Law

Gregory S. Friend, Stahl, Bernal, Davies, Sewell & Chavarria LLP - Austin, TX
Richard Brantley, University Lands - Midland, TX
Kenneth W. Mills, Texas General Land Office - Austin, TX

9. Distributed C&I PPAs: Overview and Trends (Feb 2018)

Samuel William Porter

1.00 0.00 0.00 1.00  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 55 mins
Audio (mp3) 55 mins
Slides (pdf) 11 pgs

SESSION 9 — 55 mins, credit 1.00

Session 9:

Distributed C&I PPAs: Overview and Trends (Feb 2018)

On-site rooftop, carport, and groundmount solar generation continues to expand. Hear key provisions of behind-the-meter commercial and industrial power purchase agreements, an overview of the typical project financing and contract structure, and highlights of some of the recent trends and developments shaping negotiations.

Originally presented at: Jan 2018 Renewable Energy Law

Samuel William Porter, SunPower Corporation - Austin, TX

10. Title and Survey Essentials: State Variances / Wind and Solar Distinguished
(Mar 2017)

Larry Bonney, India James

0.50 0.00 0.00 0.50  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 36 mins
Audio (mp3) 36 mins
Slides (pdf) 14 pgs

Preview limited to first 5 slides
of 27
SESSION 10 — 36 mins, credit 0.50

Session 10:

Title and Survey Essentials: State Variances / Wind and Solar Distinguished
(Mar 2017)

Discuss the variances across state lines in title insurance practice and surveys for renewable energy projects, from available risk mitigation endorsements to pricing. Learn the differences in title risks and concerns in utility scale wind projects versus solar projects.

Originally presented at: Jan 2017 Renewable Energy Law

Larry Bonney, Foley & Lardner LLP - Milwaukee, WI
India James, Exelon Corporation - Chicago, IL

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  

Preview Session Materials

You may download session materials
for offline use.

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. Innovative Insurance and Risk Management Products and Emerging Trends in the Renewables Sector
  (Feb 2018)

Paul Brown, David S. De Berry, Jon Cozens, Michael Grundmeyer

1.00 0.00 0.00 1.00  

Preview Session Materials

You may download session materials
for offline use.

Video (mp4) 61 mins
Audio (mp3) 60 mins
Paper (pdf) 6 pgs
Slides (pdf) 8 pgs
Slides (pdf) 9 pgs
Slides (pdf) 9 pgs

SESSION 12 — 61 mins, credit 1.00

Session 12:

Innovative Insurance and Risk Management Products and Emerging Trends in the Renewables Sector
  (Feb 2018)

Whether you’re looking to finance projects utilizing prototypical equipment and emerging technologies, create synthetic PPAs, or de-risk M&A transactions or tax positions, a host of commercially available products are available to facilitate your strategic goals in an ever changing insurance marketplace. Discuss examples of how various insurance and risk management products have transferred risk and reduced uncertainties that can stand in the way of developing, financing, acquiring or divesting projects utilizing a variety of renewable energy technologies.

Originally presented at: Jan 2018 Renewable Energy Law

Paul Brown, Insurance Risk Partners - Oklahoma City, OK
David S. De Berry, Concord Specialty Risk - New York, NY
Jon Cozens, New Energy Risk - Menlo Park, CA
Michael Grundmeyer, Sompo Global Weather - Seattle, WA

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

Tom Spahn

1.00 1.00 0.00 1.00 | 1.00 ethics  

Preview Session Materials

You may download session materials
for offline use.

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

SESSION 13 — 59 mins, credit 1.00 | 1.00 ethics

Session 13:

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