Project Contracting for Utility Scale Wind, Solar and Storage Projects with PPA 101 Workshop

November 29-30, 2017 :: Nashville, TN

Approved for CLE accreditation in Tennessee

Project Contracting for Utility Scale Wind, Solar and Storage Projects Course :: November 30, 2017

Overview
Renewable energy and storage projects dominate the U.S. landscape for new generation being developed and built. The surge in new projects is bringing an increasing number of “non-traditional” developers, builders, owners, landowners and customers into the renewable energy sector. This means projects are not only more competitive, but are also more complex and are being built, owned and operated in evolving ways.
 
From new developers and investors to those deeply ingrained in the renewable energy sector, it's important to understand that early decisions can and will have complicated ripple effects, especially since the project development process starts well before contractual relationships are solidified. By identifying issues early on in the process and thinking about how they play out in contract negotiations, stakeholders can save money and time throughout the development process and, more importantly, increase the likelihood that they can tee-up a successful project.
 
This course will map out the overall project development process focusing on points when transactions happen and what contracts might come into play. Discussion will include Wind, Solar and Energy Storage projects. The course will also address how current issues may be affecting the industry, including the SolarWorld trade case, growing utility interest in ownership, grid security, battery storage and the PTC/ITC step down.
 
In addition, the pre-course workshop, PPA 101(outlined below), will examine the power purchase agreement in detail and also touch on some other typical project contracts.
 
These Events are Designed For:
  • Counsel and Attorneys Involved in Renewable Energy Project Development
  • Project Developers
  • Project Financiers
  • Large Energy Consumers interested in Sourcing/Developing Renewable Energy Projects
  • Municipalities that procure Renewable Energy
  • Utility Leadership/Staff working with Renewable Energy Projects
  • Consultants working in Renewable Energy Project Development

Project Contracting for (Utility Scale) Wind, Solar and Storage Projects Course Agenda

8:00 a.m. - 8:30 a.m. Registration and Continental Breakfast
 
8:30 a.m. - 9:15 a.m. Setting the Stage: 

Setting the Stage: Introductions, Overview of Course Approach, Setting Goals for the Day, Discussing Upcoming Projects, Sharing Past Successes and Challenges

9:15 a.m. - 12:00 p.m. Mapping the Project Development and Contracting Intersections
 
Overview
• Present typical project process
•Discuss variations on project process and possible deal structure options
•Analyze relationships of project stakeholders
•Consider a few key ways to avoid “tying your shoelaces together” early in the project
•Emphasize the role of the local guy/developer

Project Process/Key Considerations and Deal Points at each Stage
Stage 1: Land Contracts
Stage 2: Power Contracts
Stage 3: Financing
Stage 4: Construction and Operations

12:00 p.m. - 1:00 p.m. Group Luncheon
 
1:00 p.m. - 2:00 p.m. The perspective, and changing role, of equipment manufacturers in deal making and contracts
Dean Solon, President and CEO, Shoals Technologies Group
Kent Miller, Senior Vice President of Worldwide Sales, Shoals Technologies Group
 
2:00 p.m. - 2:15 p.m. Break

 

2:15 p.m. - 3:15 p.m. Battery Storage: Unique considerations for stand-alone and integrated battery storage, including sale of electricity services, software, data privacy, warranties
 
3:15 p.m. - 4:00 p.m. Wrap Up: Group Participants will be split into groups to brainstorm final questions useful to their current professional roles. Group will share ideas, lessons and experiences.
 
4:00 - 5:00 - Networking Happy Hour

 

PPA 101: Optional Half Day Workshop : November 29, 2017

The Power Purchase Agreement (PPA) is the central agreement for many renewable project development deals, except in the case of a build-own arrangement. This workshop will dissect the anatomy of the PPA for Solar and Wind projects, and look at some of the many variations that can pop up. Some selected attention will be devoted to related contracts, including land contracts, interconnection and financing arrangements.
 
Workshop Timing: November 29, 207

Registration 1:00 p.m. - 1:30 p.m.

Workshop 1:30 p.m. - 5:00 p.m.

Workshop Topics:
General anatomy of a PPA.
Variations on the PPA: sales to utility; behind-the-meter; Qualifying Facilities; facility lease
Alternatives to the PPA: questioning the conventional wisdom of the long-term PPA
Specific PPA Provisions
  • Economic provisions fine print: contract term, escalation, maximum take / minimum supply, excused and unexcused delivery failures, curtailments, station power, test energy, credit support
  • Regulatory and tax compliance: state commission approvals, FERC requirements, qualifying for the ITC/PTC
  • Ownership of RECS and other attributes: typical arrangements
  • Buyer control and oversight during construction and operation: information and inspection rights, milestones and excused delay, delay damages, testing and conditions to commercial operation, reporting and monitoring
  • Metering: confirming accuracy and who pays for it
  • Lender provisions
  • Indemnification, remedies and what happens on termination
  • Disputes, casualty, force majeure, insurance
 
Other PPA considerations
  • How does a purchase option or a build-transfer arrangement affect the agreement?
  • How does the interconnection agreement dovetail with the PPA (timing, cost, etc.)?
  • How is cybersecurity risk handled and allocated?
  • How do specific site lease provisions interact with the PPA?
  • How do project financing (debt or equity) requirements interact with the PPA?

Events Location: Nashville, Tennessee

These events will be held at the Sheraton Music City Hotel located at 777 McGavock Pike, Nashville, Tennessee, 37214
The hotel is close to the airport and offers a complimentary airport shuttle.  A discounted room rate of $149 is available for attendees of these events.  Please contact Andrea Lyles at andrea@becomekinetic.com or 303-335-5572 for hotel room arrangements. Please note that this location has been changed as the original hotel could no longer accommodate the group.

Register Now

PPA 101 Workshop

Price: $295.00

*Discounts are available for multiple registrations. If you have any questions or need any additional information, please contact us at 720-491-1173 or andrea@becomekinetic.com.

Register now
 

PPA 101 Workshop

Price: $295.00

*Discounts are available for multiple registrations. If you have any questions or need any additional information, please contact us at 720-491-1173 or andrea@becomekinetic.com.

Course Instructors

 

Brian Murphy, Principal, Black & Veatch

Brian Murphy provides strategic advisory and transaction services to a variety of clean tech and renewable energy clients, with a particular focus on how financial structures, market incentives and regulatory mandates can create value and mitigate risk. In addition, Brian has developed case studies and expert testimony on financial incentives and regulatory protocols for public utility commissions, federal agencies and the United Nations Framework Convention on Climate Change (UNFCCC). Brian also has experience as a project developer, having assembled and sold a portfolio of utility-scale Solar PV assets. Brian received his Bachelors of Arts from the University of Notre Dame, his Juris Doctor from Tulane Law School and certification in Dispute Resolution & Mediation from the Humboldt University in Berlin, Germany.


Mark Wiranowski, Attorney, Wilkinson Barker Knauer 

Mark Wiranowski’s practice focuses on corporate and commercial transactions in the energy, communications and information technology industries, as well cutting edge transactional and regulatory matters in those sectors. Mr. Wiranowski advises utilities on the development and acquisition of infrastructure, including wind, solar, battery and microgrid projects. He also advises telecommunications companies and investors on cell tower and other telecommunications transactions. In addition, he represents public and private companies and investors in matters of corporate governance, private equity and debt financings, recapitalizations, mergers and acquisitions, licensing, manufacturing, other commercial transactions and related real property transactions.

His clients include gas and electric utilities, telecommunications companies and emerging and established private companies focused on technology and business innovations – among others, smart grid and energy use, Internet of Things, cybersecurity, commercial solar, advanced batteries, chemical sensors, critical infrastructure inspection, and drone applications.