Renewable Energy Projects: Negotiating Ancillary Agreements for the Real Estate Facility

Strategies for Structuring Project Contracts After Negotiating the Terms of the PPA

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


Conducted on Wednesday, December 5, 2012

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to counsel for parties involved in renewable projects on negotiating ancillary agreements to power purchase agreements (PPAs). The panel will review key terms and provisions, discuss how the different types of renewable energy affect the agreements, and explain permitting issues.

Description

The PPA defines the relationship between parties involved in renewable energy projects. Once the PPA is in place, parties must negotiate a number of ancillary agreements to implement projects.

Counsel to facility developers and property owners must consider a variety of factors and risks in planning a renewable energy facility. Ancillary agreements related to the facility include the parent guarantee and land contracts. The parties must also address permitting issues.

As the renewable energy community continues to grow, these negotiations are becoming increasingly sophisticated. Companies and counsel must carefully negotiate the ancillary agreements to the PPA to allocate risk among the parties.

Listen as our panel of experienced energy attorneys examines the ancillary agreements to a PPA and key terms and provisions. The panel will also review how the different types of renewable energy affect the agreements, discuss permitting issues that must be addressed, and offer strategies for negotiating the ancillary agreements.

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Outline

  1. Land contracts
    1. Site leases
    2. Licenses
    3. Subleases or sublicenses
    4. Access, ROW and easement agreements
    5. Security agreements
  2. Permitting issues
    1. Building
    2. CUPs/LUPs
    3. Environmental
  3. Strategies for negotiation

Benefits

The panel will review these and other key questions:

  • What are the critical provisions of the different ancillary agreements for the parties involved?
  • What environmental issues will impact obtaining a permit for a renewable energy facility?
  • What strategies can parties and counsel employ to allocate risks and benefits in the ancillary agreements?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Kristen Thall Peters
Kristen Thall Peters

Partner
Cooper White & Cooper

Ms. Peters co-chairs the firm's Green Practice Group and practices real estate, land use and environmental...  |  Read More

Gregory D. Chafee
Gregory D. Chafee

Partner
Thompson Hine

His practice concentrates on energy transactions and provides strategic advice and counsel to project developers,...  |  Read More

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