eCourses

Introduction into the basics of the US electric grid as they relate to renewable energy resources including, what the US grid looks like; who runs, operates and owns it; and how do renewables fit in and effect its operation. Also, walk through the state and federal regulatory landscape, looking at the role and authority of FERC and state Public Utility Commissions, RTOs and ISOs. Hear an introduction to the key concepts of the wholesale and retail markets, discuss the key mechanisms for compensating distributed energy and large renewable resources for their services to the grid, and look at the examples of state renewable energy incentives (REC procurement, DG rebates etc.). 

Includes: Video Audio Slides

Go behind the curtain to discuss common pitfalls in renewable energy financing agreements, where different deal team members (commercial, legal, specialist) should most focus their review, and which provisions typically have long lead times during negotiation.

Includes: Video Audio Slides

Explore some of the ethical hazards associated with practicing law virtually including unauthorized practice of law, confidentiality and cybersecurity, and the challenges of remote supervision.

Includes: Video Audio Paper Slides

Look at under-the-radar ethical issues affecting companies and the lawyers who represent them.

Includes: Video Audio Paper Slides

Federal and state policy makers have begun to incentivize storage connected to distributed generation for virtual powerplant and microgrid applications. New laws and programs have been created to encourage storage adoption, but regulatory hurdles remain. 

Includes: Video Audio Slides

A discussion of the sequencing of the development of renewable energy projects and how lawyers and developers can best work together to mitigate project risks at each stage of development. 

Includes: Video Audio Slides

A detailed look at the key provisions in M&A agreements involving energy transition projects, including risk allocation around IRA benefits, earn-out provisions, change in law and key diligence items for a buyer. 

Includes: Video Audio Slides

In response to the sunsetting of the Chapter 313 program at the end of 2022, the Legislature adopted the new JETI program for 2024. Learn the details of the new JETI statute and review other available tax incentive programs.

Includes: Video Audio Paper Slides

A high-level overview of key power purchase agreement structures and terms and the allocation and mitigation of risk in PPA transactions.

Includes: Video Audio Slides

Includes: Video Audio Slides

An overview of federal, state, and local permitting and siting considerations that renewable energy project proponents should be aware of and take into account. Review the timing, cost, legal, financing, and other implications.

Includes: Video Audio Slides

Session 01: Oklahoma Renewable Energy Projects: Permitting Considerations - Focus on various environmental and related permitting considerations under Oklahoma law for wind, solar, battery, and hydrogen projects. Matters discussed include an overview of applicable statutes, regulations, required permits, notices, and public meetings.  Session 02: Texas ERCOT Market Reform and Redesign - Explore recent initiatives to modify the market design in ERCOT with a focus on the technical aspects of proposed changes and how they could affect market participants.  Also explore project implementation issues and the likely need for regulatory guidance to resolve contentious technical issues.  Session 03: Public Utility Commission of Texas: Rulemaking Update - A candid discussion between industry and commission staff on the significance of, and challenges implementing, legislation from the 88th Session of the Texas Legislature.  Session 04: Market Reform and Redesign to Remove Barriers of Entry for Clean Energy and the Build Out a Robust Transmission Grid - Increased load and extreme weather continue to create consternation in the energy markets. Clean energy resources can be a major part of the solution as long as the markets are functioning properly. Hear a discussion of the work being done to remove barriers and advocate for a well-functioning energy markets and a robust buildout of the transmission grid.

Includes: Video Audio Paper Slides

A primer on real estate and title matters for wind and solar energy projects. From the lens of real estate attorneys, hear a high-level overview of project timelines and milestones, the path to securing site control, key provisions of landowner agreements, navigating title and survey matters, and providing real estate support for contracting, financing, and sale of the project. Gain insight into critical deal points and best practices to help projects proceed efficiently.  

Includes: Video Audio Paper Slides

Session 01: Ownership and Leasing of Real Property by Foreign-Owned Entities - Discuss the various restrictions, reporting requirements and approvals required by certain Federal (i.e., AFIDA and CFIUS) and state laws. Session 02: Mineral Issues Impact on Real Estate Documents, Siting and Planning: Texas vs. California - Understanding the interplay of the mineral estate to the surface estate, and site control agreement and title insurance issues and strategies for securing financeable renewable energy surface rights in Texas and California, and more generally. Session 03: Unique Issues of the West: Tribal Land Issues and Oklahoma - An overview of the federal, state and tribal laws specifically affecting real estate and mineral aspects of Wind & Solar Energy Projects in Oklahoma. Session 04: Construction Liens: Resolving the Guerrilla Tactics of Contractors and Subcontractors - Construction liens provide leverage for parties seeking payment for construction services, labor and supplies. Lien laws were created in the 19th century when tangible real estate was a more effective security for payment. In today’s world liens are seldom processed through foreclosure, but they remain an effective mechanism to get people’s attention. Review the lien basics, contract clauses to shift the risk of liens and practical ways to respond to and resolve lien-related disputes.

Includes: Video Audio Paper Slides No Materials

Discuss how various finance tools get stitched together to create a capital stack for a project so it can get developed and built.

Includes: Video Audio Slides

Discuss requirements for properly executing a sale of tax credits under Section 6418 of the Code and current issues in these transactions from both the buyer and seller perspective.

Includes: Video Audio Slides

Hear advice on how to negotiate contracts with difficult counterparties, and explore the importance of our own mindset and how to manage our emotions in these situations. Walk through five types of outrageous negotiation positions and effective responses to defuse and reset the tone of the discussions. 

Includes: Video Audio Slides

General discussion of the current status of offshore wind projects and leases. Discussion of regulatory issues and pending legislation. Discussion of particularly challenging contracting issues. Update on new vessel construction to support offshore wind industry.

Includes: Audio Slides

Session 01: What's New? - Hear a lively update on developments affecting the renewable energy market. Session 02: Federal Energy Policy - A group of key participants in the renewable energy policy debates discusses the issues that will be in play this year in Washington, including the potential effects of the November elections on federal energy policy, Inflation Reduction Act issues that are still being intensively lobbied, the outlook for permitting reforms and further progress on clogged interconnection queues and grid congestion, UFLPA enforcement, and more. Session 03: Texas Legislative Update - The 88th Legislative Session saw extraordinary opposition for the renewable energy sector, including proposals that would impose onerous and unprecedented permitting mandates, increase fees for operators and Texas consumers taking advantage of renewable energy, and even full expulsion of renewable resources from the ERCOT Market. While the industry fended off the most egregious attacks, some meaningful pain was inflicted that industry participants should be aware of and take into account. Breakdown what happened, why, and what lies ahead for a flourishing industry facing political challenges in a conservative state. Session 04: Texas Regulatory Update: ERCOT & PUCT - Overview and discussion on recent and relevant PUCT proceedings and ERCOT market changes and initiatives. 

Includes: Video Audio Paper Slides No Materials

Session 01: Hydrogen Energy: Unique Considerations for Transaction Documents - As an emerging technology, clean hydrogen presents a number of considerations and issues that differ from existing legal paradigms for renewable energy projects. Address contract terms and considerations that are specific to clean hydrogen projects in both commercial and financing transactions. Session 02: Hydrogen as an Emerging Low-Carbon Energy Solution: What’s Old is New Again - Substantive discussion of the existing hydrogen pipeline and storage system and the development, regulatory, policy, and legal issues shaping the growing clean hydrogen ecosystem, from the critical midstream perspective. Key topics will include: an overview of hydrogen incentives, production pathways, use cases and physical delivery mechanisms; real property issues in subsurface storage and pipeline development; regulatory and permitting uncertainty; and how commercial transactions are being structured.

Includes: Video Audio Slides