Renewable Energy Storage: Implementing Projects, Overcoming Co-Location Challenges, and Mitigating Risks

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

Conducted on Tuesday, July 25, 2017
Recorded event now available

This CLE webinar will provide guidance for energy counsel on the legal issues involved in the implementation of energy storage projects. The panel will discuss the markets, regulatory landscape and legal challenges with energy storage, including obstacles that may arise when co-locating battery projects with wind and solar, as well as providing tips on how to draft and negotiate contracts for the implementation of such projects.


Renewable energy sources have increased dramatically over the past several years. Solar and wind power are now significant players in the electricity industry, but these new types of projects lead to new challenges on the electric grid. Because the sun does not always shine and the wind does not always blow, the lack of predictability of the power source impacts the market, and issues such as the “duck curve” in California have arisen. Energy storage can be a solution to address issues.

Due to an increased focus on energy storage systems, some states, including California, have adopted mandates and incentives for rapid deployment. Energy storage impacts multiple markets, each with different characteristics, different levels of regulatory uncertainty, and different cost-benefit analyses.

Counsel must understand the different ways that energy storage works, how storage is regulated and deployed, and the legal risks and challenges for projects. What issues should attorneys be watching out for developing these projects and negotiating contracts for their implementation? What makes battery projects different from wind and solar?

Listen as our authoritative panel of energy attorneys examines energy storage, how it is being implemented in the U.S., and how contracts for these projects work. The panel will discuss the risks and legal challenges involved with energy storage, including the obstacles for projects, and will offer guidance on overcoming those challenges.


  1. Energy storage markets, economics, and regulatory landscape
  2. Contracting for energy storage projects
    1. Types of contracts and contract structure
    2. Warranties
  3. Co-location of battery projects with wind and solar
    1. Whether to co-locate
    2. Key issues


The panel will review these and other key issues:

  • How is energy storage being used today?
  • What are counsel's key considerations when determining whether to co-locate renewable energy storage?
  • How does the size of a renewable project impact the legal risks and challenges of energy storage?


Becky H. Diffen, Esq.
McGuireWoods, Austin, Texas

Ms. Diffen focuses her practice on energy transactions, M&As and project development. She represents developers, private equity firms, investment banks, and a variety of other public and private companies in the renewable energy, energy storage, power generation, and oil and gas industries on complex transactions, including M&As, joint ventures, development projects, and project finance. Ms. Diffen serves as an adjunct professor at the University of Texas School of Law.

Brian Orion, Of Counsel
Stoel Rives, San Diego

Mr. Orion provides project development, transactional and regulatory counseling to clients in the solar, electric vehicle, energy efficiency, energy storage and climate change arenas. He serves as Strategic Advisor to the Smart Energy Enterprise Development Zone (SEEDZ) Initiative. Mr. Orion co-founded the UC Hastings Cleantech Roundtable, a forum for discussing hot topics in the area of renewable energy and clean technology law, held annually at the University of California, Hastings College of the Law.

Joseph D. (Seph) Petta, Esq.
Shute Mihaly & Weinberger, San Francisco

Mr. Petta’s practice focuses on representation of environmental groups and public agencies in CEQA and NEPA litigation, and municipal, real estate and land use law. In non-litigation matters, Mr. Petta regularly advises public agencies and environmental groups on complex legal issues, including conservation easement drafting and enforcement, facilities district formation, and land assembly and entitlement processes. His work also includes representing clients in proceedings before state public utility commissions.


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Environmental Law Advisory Board

John J. Allen


Allen Matkins

Albert M. Cohen


Loeb & Loeb

Aaron Courtney


Stoel Rives

Andrew N. Davis


Shipman & Goodwin

David R. Gillay


Barnes & Thornburg

Brian D. Israel


Arnold & Porter Kaye Scholer

Thomas J. P. McHenry


Gibson Dunn & Crutcher

James B. Slaughter


Beveridge & Diamond

Jeffrey A. Smith

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Sidley Austin

E. Gail Suchman

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Stroock & Stroock & Lavan

Gregory D. Trimarche

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Ring Bender

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