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Answer Bar: Navigating a Renewable Energy Project

Contains material from Mar 2021 to Apr 2023

Answer Bar: Navigating a Renewable Energy Project
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Session 1: Introduction to Financing Renewable Energy Projects - Raising capital for clean energy projects continues to evolve as we deal with market headwinds and tailwinds, new and old. Positives include many new investors providing liquidity, innovative financing structures, broad public support and long-term government policy provided by passage of the Inflation Reduction Act. On the other hand, we face challenges due to increasing interest rates, risk aversion from many offtakers, development bottlenecks and ongoing limited tax equity capital.

Session 2: Key Differences between Leases for Solar, Wind and Energy Storage Projects - The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure.

Session 3: Comparison of Title Insurance Differences Between Texas and ALTA - An overview of the standard energy endorsements and the key differences between ALTA and Texas endorsements.

Session 4: ERCOT Update - What changes are in store for ERCOT electricity markets? Will they be meaningful, or just for show?

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

Session 6: States’ Policy Update - Hear about the impacts of and goals being set for renewables, because of the IRA in California, Illinois, and New York.

Session 7: Joint Venture and Joint Development Agreements - As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.  

Session 8: Latest Developments in Energy Hedge and PPA Agreements - Commercial and legal terms in hedging and power purchase agreements continue to change in light of significant supply chain disruptions, the passage of the Inflation Reduction Act and winter storm Uri, among other factors. What changes are being seen in PPAs and hedges? How have increased renewables development, new IRA incentives and other similar changes impacted those changes?

Session 9: Top 10 Construction Loan Provisions - An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers

Session 10: Development-Stage Renewable Energy Project Acquisitions - The purchase or sale of a renewable energy project while it is in development presents a unique set of issues, such as a success and royalty based purchase price, buy back rights, build out restrictions, shared facilities and what closing conditions will be required. This panel will discuss these issues and more, particularly in light of an ever increasingly competitive market.

Session 11: Issues and Compliance for Renewable Projects relating to Executive Order on Securing the US Bulk Power System - Executive Order 13920 is intended to address national security threats by foreign adversaries to the U.S. bulk-power system. Explore challenges facing developers posed by the Executive Order’s restrictions on sourcing of power system equipment. 

Session 12: Mineral Estate Issues in Solar Projects - Analyze mineral, title, and site control considerations in solar projects and provide a general overview of some of the mineral and title issues faced in these projects. Hear an update from a Texas case addressing the accommodation doctrine with mineral owners in Texas, risk mitigation factors to address mineral and title issues, and best practices to keep in mind in dealing with these issues.

Session 13: Ethical Obligations in Negotiations - A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 8.25 | 1.00 ethics
  • Credit Info
  • TX, CA
  • TX MCLE credit expires: 4/30/2024

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1. Introduction to Financing Renewable Energy Projects (Apr 2023)

Bruce Randolph Thompson

0.50 0.00 0.00 0.50
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(mp4)
32 mins
(mp3)
32 mins
(pdf)
7 pgs
Session 1 —32 mins
0.50
Introduction to Financing Renewable Energy Projects (Apr 2023)

Raising capital for clean energy projects continues to evolve as we deal with market headwinds and tailwinds, new and old. Positives include many new investors providing liquidity, innovative financing structures, broad public support and long-term government policy provided by passage of the Inflation Reduction Act. On the other hand, we face challenges due to increasing interest rates, risk aversion from many offtakers, development bottlenecks and ongoing limited tax equity capital.

Originally presented: Jan 2023 Renewable Energy Law Essentials

Bruce Randolph Thompson, Jupiter Power LLC - Austin, TX

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2. Key Differences between Leases for Solar, Wind and Energy Storage Projects (Mar 2022)

Theresa Carroll

0.50 0.00 0.00 0.50
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(mp4)
29 mins
(mp3)
28 mins
(pdf)
17 pgs
Session 2 —29 mins
0.50
Key Differences between Leases for Solar, Wind and Energy Storage Projects (Mar 2022)

The type of project being developed can substantially change the terms of long-term real estate agreements. A discussion of the legal provisions required by different kinds of renewable energy projects, as determined by differing uses in land, natural resources, and infrastructure.

Originally presented: Jan 2022 Renewable Energy Law Essentials

Theresa Carroll, Clean Law PC - Chicago, IL

Show session details

3. Comparison of Title Insurance Differences Between Texas and ALTA (Apr 2023)

Elisabeth Prescott, Matthew Skalka, Ashley C. Tobias

0.75 0.00 0.00 0.75
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(mp4)
48 mins
(mp3)
48 mins
(pdf)
12 pgs
Session 3 —48 mins
0.75
Comparison of Title Insurance Differences Between Texas and ALTA (Apr 2023)

An overview of the standard energy endorsements and the key differences between ALTA and Texas endorsements.

Originally presented: Jan 2023 Renewable Energy Law Essentials

Elisabeth Prescott, Invenergy - Dallas, TX
Matthew Skalka, Stewart Title Guaranty Company - Houston, TX
Ashley C. Tobias, AmTrust Title - Houston, TX

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4. ERCOT Update (Apr 2023)

Beth Garza

0.50 0.00 0.00 0.50
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(mp4)
28 mins
(mp3)
28 mins
(pdf)
8 pgs
Session 4 —28 mins
0.50
ERCOT Update (Apr 2023)

What changes are in store for ERCOT electricity markets? Will they be meaningful, or just for show?

Originally presented: Jan 2023 Renewable Energy Law Essentials

Beth Garza, R Street Institute - Austin, TX

Show session details

5. What's New? Federal Energy Update (Mar 2023)

Keith Martin

0.50 0.00 0.00 0.50
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(mp4)
33 mins
(mp3)
33 mins
(pdf)
16 pgs
Session 5 —33 mins
0.50
What's New? Federal Energy Update (Mar 2023)

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

Originally presented: Jan 2023 Renewable Energy Law Institute

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

Show session details

6. States’ Policy Update (Mar 2023)

Todd Edmister, Carrie Zalewski

0.75 0.00 0.00 0.75
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(mp4)
48 mins
(mp3)
48 mins
Slides
(pdf)
6 pgs
Slides
(pdf)
5 pgs
Session 6 —48 mins
0.75
States’ Policy Update (Mar 2023)

Hear about the impacts of and goals being set for renewables, because of the IRA in California, Illinois, and New York.

Originally presented: Jan 2023 Renewable Energy Law Institute

Todd Edmister, East Bay Community Energy - Oakland, CA
Carrie Zalewski, Illinois Commerce Commission - Chicago, IL

Show session details

7. Joint Venture and Joint Development Agreements (Mar 2023)

Becky H. Diffen, Rachel Crouch, Daniel Keyes

0.75 0.00 0.00 0.75
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(mp4)
44 mins
(mp3)
44 mins
Paper
(pdf)
4 pgs
Session 7 —44 mins
0.75
Joint Venture and Joint Development Agreements (Mar 2023)

As more new entrants enter the renewable energy industry, we continue to see an increase in joint ventures and other types of joint development arrangements. In this panel, we will discuss the reasons why, different types of joint structures, and key issues that tend to arise in these negotiations.  

Originally presented: Jan 2023 Renewable Energy Law Institute

Becky H. Diffen, Norton Rose Fulbright - Austin, TX
Rachel Crouch, AES Clean Energy - Washington, DC
Daniel Keyes, Clearway Energy Group - San Francisco, CA

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8. Latest Developments in Energy Hedge and PPA Agreements (Mar 2023)

Brandon Scott Lobb

0.50 0.00 0.00 0.50
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(mp4)
29 mins
(mp3)
29 mins
(pdf)
17 pgs
Session 8 —29 mins
0.50
Latest Developments in Energy Hedge and PPA Agreements (Mar 2023)

Commercial and legal terms in hedging and power purchase agreements continue to change in light of significant supply chain disruptions, the passage of the Inflation Reduction Act and winter storm Uri, among other factors. What changes are being seen in PPAs and hedges? How have increased renewables development, new IRA incentives and other similar changes impacted those changes?

Originally presented: Jan 2023 Renewable Energy Law Institute

Brandon Scott Lobb, Locke Lord LLP - Houston, TX

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9. ​Top 10 Construction Loan Provisions (Mar 2023)

Darin Lowder

0.50 0.00 0.00 0.50
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(mp4)
29 mins
(mp3)
28 mins
(pdf)
18 pgs
Session 9 —29 mins
0.50
​Top 10 Construction Loan Provisions (Mar 2023)

An overview of key provisions in project finance construction loan agreements with respect to renewable energy projects. Hear a high-level overview of the structure of a construction loan agreement and highlights of major pitfalls for both lenders and borrowers

Originally presented: Jan 2023 Renewable Energy Law Institute

Darin Lowder, Foley & Lardner LLP - Washington, DC

Show session details

10. Development-Stage Renewable Energy Project Acquisitions (Mar 2023)

Matt Bonovich, Andrea Lucan, J.D. Rubin

1.00 0.25 0.00 1.00 | 0.25 ethics
Preview Materials

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(mp4)
60 mins
(mp3)
60 mins
Slides
(pdf)
6 pgs
Session 10 —60 mins
1.00 | 0.25 ethics
Development-Stage Renewable Energy Project Acquisitions (Mar 2023)

The purchase or sale of a renewable energy project while it is in development presents a unique set of issues, such as a success and royalty based purchase price, buy back rights, build out restrictions, shared facilities and what closing conditions will be required. This panel will discuss these issues and more, particularly in light of an ever increasingly competitive market.

Originally presented: Jan 2023 Renewable Energy Law Institute

Matt Bonovich, Sheppard Mullin - Chicago, IL
Andrea Lucan, Allen & Overy - Los Angeles, CA
J.D. Rubin, Acciona Energy - Chicago, IL

Show session details

11. Issues and Compliance for Renewable Projects relating to Executive Order on Securing the US Bulk Power System (Mar 2021)

Jeanine McGuinness

0.50 0.00 0.00 0.50
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(mp4)
30 mins
(mp3)
29 mins
(pdf)
10 pgs
Session 11 —30 mins
0.50
Issues and Compliance for Renewable Projects relating to Executive Order on Securing the US Bulk Power System (Mar 2021)

Executive Order 13920 is intended to address national security threats by foreign adversaries to the U.S. bulk-power system. Explore challenges facing developers posed by the Executive Order’s restrictions on sourcing of power system equipment. 

Originally presented: Jan 2021 Renewable Energy Law Institute

Jeanine McGuinness, Orrick, Herrington & Sutcliffe, LLP - Washington, DC

Show session details

12. Mineral Estate Issues in Solar Projects (Mar 2022)

Brian Pullin

0.75 0.00 0.00 0.75
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(mp4)
50 mins
(mp3)
50 mins
Paper
(pdf)
3 pgs
(pdf)
7 pgs
Paper
(pdf)
5 pgs
(pdf)
18 pgs
Session 12 —50 mins
0.75
Mineral Estate Issues in Solar Projects (Mar 2022)

Analyze mineral, title, and site control considerations in solar projects and provide a general overview of some of the mineral and title issues faced in these projects. Hear an update from a Texas case addressing the accommodation doctrine with mineral owners in Texas, risk mitigation factors to address mineral and title issues, and best practices to keep in mind in dealing with these issues.

Originally presented: Feb 2022 Renewable Energy Law Institute

Brian Pullin, Husch Blackwell, LLP - Austin, TX

Show session details

13. Ethical Obligations in Negotiations (Mar 2023)

Jamie Lavergne Bryan

0.75 0.75 0.00 0.75 | 0.75 ethics
Preview Materials

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(mp4)
52 mins
(mp3)
52 mins
(pdf)
16 pgs
Session 13 —52 mins
0.75 | 0.75 ethics
Ethical Obligations in Negotiations (Mar 2023)

A foundational discussion about how you, as Counsel, accomplish your objectives and meet your goals while acting legally and ethically during negotiations. Reinforces the professional responsibility a lawyer must maintain when faced with ethical dilemmas in negotiations in order to identify: (1) the balance between a lawyer’s obligations of honesty and candor with client advocacy; (2) best practices in negotiations; and (3) the application of the ABA Model Rules of Professional Conduct in legal negotiations.

Originally presented: Jan 2023 Renewable Energy Law Institute

Jamie Lavergne Bryan, K&L Gates LLP - Fort Worth & Houston, TX