Law Seminars International Presents:

An Advanced One-Day Seminar on

PPAs and Contracts for Renewable Energy

Practical tips for lining your ducks in a row and making a suite of contracts work in harmony

October 6, 2017

Seattle, WA
(or anyplace you may be via webcast!)

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Intro

Who Should Attend

Attorneys, industry executives, customer representatives, and anyone else involved with negotiating contracts for development of renewable electric energy projects

Why You Should Attend

The energy industry faces an unprecedented convergence of forces, ranging from increasing demand for renewable resources from many states and retail customers and rapid advances in distributed energy and storage technologies, to continually evolving legislative and regulatory paradigms. While an effective Power Purchase Agreement (PPA) remains critical for any energy project, recent industry changes have produced a flowering of new approaches to PPAs.

Starting with an examination of what makes PPAs different from most other contracts, this seminar will then examine a variety of these new approaches, including the most recent developments allowing large technology companies to obtain direct access to renewable energy, the special considerations that govern PPAs for distributed technologies like rooftop solar, and the most recent developments in energy conservation contracts, which treat conservation much like a generation resource. We conclude with a discussion of project development agreements that are essential to bringing a project to completion.

The seminar is essential for anyone wishing to follow the most recent trends in the energy industry. We hope to see you there.

~ Eric L. Christensen, Esq. of Cairncross & Hempelmann and Peter Richardson, Esq. of Richardson Adams PLLC, Program Co-Chairs

What You Will Learn

  • ~ What makes PPAs different from other contracts
  • ~ Mandatory purchase rights under PURPA
  • ~ PPAs outside the traditional utility model
  • ~ Selling energy conservation under the PPA model
  • ~ Potential changes in FERC Standard Interconnection Agreements
  • ~ Contractual obligations for distributed solar and Net Metering
  • ~ Renewable Energy Credits (RECs) for smaller project financing
  • ~ Making other essential renewable project development contracts work in harmony

Agenda

Friday, October 06, 2017

8:00 am

Registration Opens

8:30 am

Introduction & Overview

Eric L. Christensen, Esq. , Program Co-Chair
Cairncross & Hempelmann / Seattle, WA

Peter Richardson, Esq. , Program Co-Chair
Richardson Adams PLLC / Boise, ID

8:45 am

Power Purchase Agreements (PPAs): What Makes Them Different From Other Contracts?

Traditional PPAs for renewables projects: Interconnection, transmission rights, standard pricing approaches, scheduling, ancillary services, NERC requirements, and other features unique to PPAs

Eric L. Christensen, Esq. , Program Co-Chair
Cairncross & Hempelmann / Seattle, WA

The PURPA option: The Mandatory Purchase provisions of the Public Utility Regulatory Policies Act of 1978 and why it's important for developers, lenders and investors to identify and understand those rights before entering into any PPA

Irion A. Sanger, Esq.
Sanger Law PC / Portland, OR

10:15 am

Break

10:30 am

PPAs Outside the Traditional Utility Model: Direct Sales to Large Customers

Green power as a part of corporate social responsibility: Approaches and term sheets for new contractual and regulatory models now being used or under development

Peter D. Mostow, Esq.
Wilson Sonsini Goodrich Rosati / Seattle, WA

11:15 am

Selling Energy Conservation Under the PPA Model

The Metered Energy Efficiency Transaction Structure (MEETS), which promotes deep energy efficiency retrofits by treating conservation as a resource that can be purchased from commercial building owners: Business structures and regulatory requirements

Rob Harmon , Director & Founder
MEETS Coalition / Seattle, WA

12:00 pm

Lunch (on your own)

1:15 pm

Interconnection Agreements

FERC Standard Interconnection Agreements for large generators vs. small generators; policy changes in the works and how they'll affect interconnection agreements

Gregory Adams, Esq.
Richardson Adams PLLC / Boise, ID

2:00 pm

Contractual Obligations for Distributed Solar and Net Metering

Who has what contractual obligations? Is the utility required to keep its rate structure? Does the source of financing (a company or the customer) make a difference in contracting?

Ashley Wald, Esq.
Holland & Hart LLP / Denver, CO

2:30 pm

Use of Renewable Energy Credits (RECs) for Smaller Project Financing

Anticipating changing ground rules arising from the push for alternative compensation structures; contracting implications

Jason B. Keyes, Esq.
Keyes Fox & Wiedman LLP / Oakland, CA

3:00 pm

Break

3:15 pm

Other Essential Renewable Project Development Contracts and the Challenge of Making Them Work in Harmony

Overview from an engineering, procurement and construction (EPC) consultant's perspective

Murray W. Greenwood , Account Executive
Ameresco, Inc. / Renton, WA

Agreements relating to project structures, entities, risks and risk allocation, and financing

Alexandra Lipsky Mertens, Esq.
Stoel Rives LLP / Seattle, WA

Site agreements, permitting planning and execution agreements

Dustin Shively , Director of Engineering
Clenera / Boise, ID

Agreements with vendors and contractors for equipment acquisition, construction, operations and maintenance

Brian Lynch , Managing Principal
Redwood Energy LLC / Palos Verdes, CA

5:00 pm

Evaluations & Adjourn

Faculty Bios

Eric L. Christensen, Eric L. Christensen, Program Co-Chair, is a partner at Cairncross & Hempelmann. He focuses on regulatory, contract and litigation matters arising in the energy, clean tech and natural resources industries. Previously, he was Chairman of the Energy, Telecommunications & Utilities practice group at Gordon Thomas Honeywell LLP.

Peter Richardson, Peter Richardson, Program Co-Chair, is a principal of Richardson Adams PLLC. He focuses on energy law including the representation of industrial consumers of investor-owned electric utilities and representation of consumer and municipal electric utilities. He assists developers of independent power projects in obtaining power sales agreements and financing.

Gregory Adams Gregory Adams is a principal at Richardson Adams PLLC. He practices energy law and focuses on representation of independent power producers, industrial customers, and direct retail suppliers. He has extensive experience with the regulations affecting qualifying facilities utilizing the mandatory purchase provisions of PURPA.

Murray W. Greenwood, is an Account Executive for Ameresco, Inc. He works with municipalities, counties, utilities, school districts, and higher education, as well as commercial clients, to develop performance-based contracts for innovative green services and eco-friendly technologies.

Rob Harmon Rob Harmon is the Director & Founder of the MEETS Coalition. He previously helped found the Renewable Energy Markets Association and served as Chairman of its National Policy Committee. He also previously served as Vice President and Chief Innovation Officer for the Bonneville Environmental Foundation.

Jason B. Keyes Jason B. Keyes is a partner at Keyes Fox & Wiedman LLP where he focuses on distributed generation including interconnection and net metering rulemakings at the utility commissions in twenty states, and regularly addresses the issue of whether third party ownership is permitted in a state.

Brian Lynch Brian Lynch is Managing Principal of Redwood Energy, an advisory firm specializing in the solar, renewable energy and energy storage markets. He previously was EVP of Development for Enfinity Americas where he headed their utility and distributed generation solar business across the US.

Alexandra Lipsky Mertens Alexandra Lipsky Mertens is a partner at Stoel Rives LLP. She focuses on energy finance matters and advises energy developers on issues concerning the acquisition, development, financing, and sale of energy projects, with a particular focus on negotiating equity and debt financing agreements.

Peter D. Mostow Peter D. Mostow is a partner at Wilson Sonsini Goodrich Rosati. He represents solar, wind, energy storage, and biomass project sponsors in site acquisition, power transmission, and offtake agreements; distributed energy companies in developing key commercial and financing agreements; and producers of new technologies from energy storage to renewable fuels in drafting and negotiating key commercial transactions.

Irion A. Sanger, Irion A. Sanger, Sanger Law PC, represents energy trade associations, municipalities, electric cooperatives, irrigation districts, end-use industrial and commercial consumers, and cogeneration electricity producers on matters including power purchase agreements, interconnection agreements, wholesale power sales agreements, resource development and sales agreements.

Dustin Shively is the Director of Engineering at Clenera, an end-to-end utility-scale solar project developer and operator. He has developed, engineered, permitted, financed, and constructed over 1,500 MW of wind and solar energy projects.

Ashley Wald Ashley Wald is a partner at Holland & Hart LLP where she provides guidance to clients in the solar, wind, hydropower, and natural gas industries as they develop energy projects and related infrastructure across the United States. She assists her clients at all stages of energy project development and finance, and negotiates power purchase agreements on behalf of purchasers of clean power, including municipal utilities and electric cooperatives.

Credits

Continuing Education Credits

Live credits: This program qualifies for 6.5 Washington CLE credits and we have applied for Idaho and Oregon CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.

Location

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Washington State Convention Center

800 Convention Place in Seattle, WA 98101
(206) 694-5000

The seminar will be held at the Washington State Convention Center at 800 Convention Place in Seattle, WA 98101.
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