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Battery Energy Storage Systems: Procurement, Tax Equity, Financing Options, Owner and Offtaker Requirements

Note: CPE credit is not offered on this program

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 12, 2021

Recorded event now available

or call 1-800-926-7926

This CLE course will provide energy counsel guidance on the procurement, financing, and regulatory challenges in deal structures for battery energy storage systems (BESS). The panel will discuss recent developments in BESS procurement, effective deal structures for financing, tax equity, owner and offtake requirements, and how the regulation of BESS is rapidly evolving, using California as a model.


The procurement and development of BESS have been on the rise and can provide many benefits and play many roles. Still, they don't always fit neatly into a familiar legal landscape within the renewable energy sector. Counsel must develop a complete understanding of the regulatory challenges, financing options, and deal structures to minimize risks along with key tax considerations for the development or procurement of battery energy storage.

The continued success of renewable energy for electrical power depends on the effective management of the variable output of wind, solar, and other alternative energy resources. Storing energy for later use when production is low is an essential element of managing electrical systems. This fact has garnered a wave of battery-energy storage project financings and increased utility procurement of battery storage projects.

Battery energy storage systems can store energy in a chemical form and be configured for large amounts of power into the grid in a short period or inject a steady amount of power into the grid for an extended amount of time, depending on their intended application. They can also be used as backup power to a connected load demand source. However, these energy systems are riddled with legal, regulatory, financial, and other risks.

Developers, investors, and lenders intending to take advantage of the need for energy storage must be aware of various legal, regulatory and financing issues associated with battery energy storage systems.

Listen as our panel discusses key compliance challenges impacting energy storage, effective deal structures for financing, tax equity, owner and offtake requirements, and mitigating risks for BESS projects.



  1. Recent developments in battery energy storage systems financing and procurement
  2. Contract structures and related issues
  3. Tax considerations in deal structures
  4. Regulatory obstacles and how to avoid them
  5. Best practices for battery energy storage systems compliance


The panel will review these and other key issues:

  • Recent developments in the procurement of battery energy storage systems
  • Negotiating and structuring energy storage projects
  • Procurement of utility-owned battery projects
  • Challenges and solutions in financing battery projects
  • The evolving regulatory environment around grid-connected battery systems, emphasizing the California experience


Hilton, Seth
Seth D. Hilton

Stoel Rives

Mr. Hilton is a partner in the Energy Development practice group, and his practice is focused on the California energy...  |  Read More

Lund, Morten
Morten A. Lund

Stoel Rives

Mr. Lund is a partner of the firm practicing in the Energy Development group. He serves as Chair of the Energy Storage...  |  Read More

Walters, Adam
Adam C. Walters

Of Counsel
Stoel Rives

Mr. Walters practices in Stoel Rives’ Energy Development group. He is a seasoned transactional, commercial and...  |  Read More

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