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Answer Bar: Navigating a Renewable Energy Project

Contains material from Mar 2017 to Feb 2020

Answer Bar: Navigating a Renewable Energy Project
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Session 1: Off Take Essentials - Hear a high-level summary of various offtake structures common in renewable energy transactions in the United States. Cover basic contract terms, customer types and market drivers for contract structures.

Session 2: Renewable Energy Financing Essentials - Get an overview of the different types of financing available during the lifecycle of a renewables project. 

Session 3: Renewable Energy Project Development Essentials - Learn about the fundamentals of renewable energy project development, from real estate and permitting to regulatory considerations.

Session 4: Credit Support for Renewable Energy Projects - Explanation of types of credit support for various purposes during renewable energy project development and operation, and pros and cons of each, including escrow deposits, letters of credit, bonds, and guaranties. 

Session 5: What's New in the Renewable Energy Market?- Hear a lively update on developments affecting the renewable energy market.

Session 6: Energy Storage: Trends and Trajectory - Following a decade of technological advancement and declining costs, energy storage resources are now deployed across the country at every level in the electric grid infrastructure. Hear a discussion about highlights in the stationary grid storage sector to date and its future market trajectory.

Session 7: 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 8: “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 9: 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 focuses 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, are also covered.

Session 10: 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 11: 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 12: 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 13: 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 14: 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 15: Conflicts of Interest in Renewable Energy Using hypotheticals, this presentation addresses 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.

Includes: Video Audio Paper Slides


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1. Off Take Essentials (Feb 2020)

Melissa Peterson

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(mp4)
33 mins
(mp3)
32 mins
Slides
(pdf)
6 pgs
Session 1 —33 mins
Off Take Essentials (Feb 2020)

Hear a high-level summary of various offtake structures common in renewable energy transactions in the United States. Cover basic contract terms, customer types and market drivers for contract structures.

Originally presented: Jan 2020 Renewable Energy Law

Melissa Peterson, Orsted Onshore North America, LLC - Chicago, IL

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2. Renewable Energy Financing Essentials (Feb 2020)

Andrea Lucan

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(mp4)
26 mins
(mp3)
25 mins
(pdf)
10 pgs
Session 2 —26 mins
Renewable Energy Financing Essentials (Feb 2020)

Get an overview of the different types of financing available during the lifecycle of a renewables project. 

Originally presented: Jan 2020 Renewable Energy Law

Andrea Lucan, Akin Gump Strauss Hauer & Feld LLP - Los Angeles, CA

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3. Renewable Energy Project Development Essentials (Feb 2020)

Jenn Goodwillie

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(mp4)
22 mins
(mp3)
22 mins
Slides
(pdf)
4 pgs
Session 3 —22 mins
Renewable Energy Project Development Essentials (Feb 2020)

Learn about the fundamentals of renewable energy project development, from real estate and permitting to regulatory considerations.

Originally presented: Jan 2020 Renewable Energy Law

Jenn Goodwillie, Lincoln Clean Energy - Austin, TX

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4. Credit Support for Renewable Energy Projects (Feb 2020)

Greg Slovick

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(mp4)
28 mins
(mp3)
28 mins
Slides
(pdf)
6 pgs
Session 4 —28 mins
Credit Support for Renewable Energy Projects (Feb 2020)

Explanation of types of credit support for various purposes during renewable energy project development and operation, and pros and cons of each, including escrow deposits, letters of credit, bonds, and guaranties. 
 

Originally presented: Jan 2020 Renewable Energy Law

Greg Slovick, D. E. Shaw Renewable Investments - New York, NY

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5. What's New (Feb 2020)

Keith Martin

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(mp4)
32 mins
(mp3)
32 mins
(pdf)
15 pgs
Session 5 —32 mins
What's New (Feb 2020)

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

Originally presented: Jan 2020 Renewable Energy Law

Keith Martin, Norton Rose Fulbright US LLP - Washington, DC

Show session details

6. Energy Storage: Trends and Trajectory (Feb 2020)

Andy Bowman

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(mp4)
28 mins
(mp3)
28 mins
Slides
(pdf)
6 pgs
Session 6 —28 mins
Energy Storage: Trends and Trajectory (Feb 2020)

Following a decade of technological advancement and declining costs, energy storage resources are now deployed across the country at every level in the electric grid infrastructure. Discuss highlights in the stationary grid storage sector to date and its future market trajectory.

Originally presented: Jan 2020 Renewable Energy Law

Andy Bowman, Jupiter Power LLC - Austin, TX

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7. 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
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
12 pgs
(pdf)
15 pgs
Slides
(pdf)
6 pgs
Session 7 —46 mins
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: Jan 2017 Renewable Energy Law

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

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

Lisa Marie Chavez

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(mp4)
24 mins
(mp3)
23 mins
(pdf)
16 pgs
(pdf)
39 pgs
Session 8 —24 mins
“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: Jan 2017 Renewable Energy Law

Lisa Marie Chavez, Wagstaff Law Firm - Abilene, TX

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

Alan Cohen, Spencer Preis

0.75 0.00 0.00
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(mp4)
46 mins
(mp3)
46 mins
(pdf)
72 pgs
Session 9 —46 mins
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: 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

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10. Public Lands (Feb 2018)

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

0.75 0.00 0.00
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(mp4)
41 mins
(mp3)
41 mins
(pdf)
16 pgs
(pdf)
11 pgs
Session 10 —41 mins
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: 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

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

Samuel William Porter

1.00 0.00 0.00
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(mp4)
55 mins
(mp3)
55 mins
(pdf)
11 pgs
Session 11 —55 mins
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: Jan 2018 Renewable Energy Law

Samuel William Porter, SunPower Corporation - Austin, TX

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

Larry Bonney, India James

0.50 0.00 0.00
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(mp4)
36 mins
(mp3)
36 mins
(pdf)
14 pgs
Session 12 —36 mins
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: Jan 2017 Renewable Energy Law

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

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

James L. (Jim) Gosdin

0.50 0.00 0.00
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(mp4)
34 mins
(mp3)
34 mins
(pdf)
40 pgs
(pdf)
13 pgs
Session 13 —34 mins
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: 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

Show session details

14. 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
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(mp4)
61 mins
(mp3)
60 mins
Paper
(pdf)
6 pgs
(pdf)
9 pgs
Slides
(pdf)
9 pgs
Slides
(pdf)
8 pgs
Session 14 —61 mins
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: 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

Show session details

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

Tom Spahn

1.00 1.00 0.00
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(mp4)
59 mins
(mp3)
59 mins
(pdf)
10 pgs
(pdf)
171 pgs
Session 15 —59 mins
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: Jan 2019 Renewable Energy Law

Tom Spahn, Partner, McGuireWoods LLP - Tysons, VA