Structuring Corporate PPAs for Renewable Energy: Key Contract Provisions and Guidance for Energy Counsel
Critical Buy-Side and Sell-Side Drivers in Negotiations, Financing, Mitigating Risks, Regulatory Challenges
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will provide renewable energy counsel with an in-depth analysis of structuring corporate power purchase agreements (PPAs) for renewable energy. The panel will provide a review of key issues in structuring PPAs for both buyers and sellers, regulatory challenges in certain states and jurisdictions, mitigating risks, financing, and best practices for energy counsel.
Outline
- Corporate drivers to purchase renewable energy
- Benefits and risks of corporate PPAs
- Corporate PPA structures and key considerations
- Overcoming regulatory challenges
- Financing renewable energy projects with corporate PPAs
Benefits
The panel will review these and other key issues:
- Why are more corporations purchasing renewable energy? What are the business and regulatory drivers?
- How can companies use renewable energy purchases to drive down costs as well as carbon emissions?
- What structures can be used in forming corporate PPAs? What are the challenges of the different structures?
- What are the key terms in physical and virtual PPAs?
- How can corporate PPAs be leveraged for financing renewable energy projects?
- What are the federal and state regulatory challenges and methods to overcome them?
- What approaches can parties and counsel use to allocate risks and benefits in the long-term contract?
Faculty
Scott D. Deatherage
Founder
S Deatherage Law
Over the last 30 years of his career, Mr. Deatherage has focused his practice on energy, environment, water, and... | Read More
Over the last 30 years of his career, Mr. Deatherage has focused his practice on energy, environment, water, and climate change. As a partner in nationally known large law firms, he has worked with clients to solve regulatory challenges and to capitalize on emerging technologies such as renewable energy, energy efficiency, blockchain, artificial intelligence and energy storage. He now has his own law firm.
Mr. Deatherage graduated cum laude from Harvard Law School, and was the Articles Editor of the Harvard Environmental Law Review. He taught Climate Change Law at the University of Texas Law School and published a book Carbon Trading Law and Practice.
In the energy context, Scott has worked with clients on electricity generation projects totaling more than $5 billion, including:
• Over 55 solar projects, including the Webberville Solar Project near Austin – at the time, the largest solar project in Texas.
• Wind projects in west Texas and other states.
• Distributed solar leases, power purchase agreements for residential and commercial installations.
• Energy efficiency and storage contracts, including negotiation on behalf of an energy efficiency company with a multi-national company for deployment of client technology in over 15 countries.
• Negotiated over 45 ground leases for solar farms.
• Worked on anaerobic digestion projects.
• Represented clients in landfill gas to energy projects.
Mr. Deatherage has advised clients on natural gas power plant, biofuels, gas to liquid, wind, solar, and other renewable energy projects, including siting and environmental permits and other legal issues, and has advised clients regarding government and utility incentives relating to renewable and energy efficiency projects, as well as property tax exemptions and abatement.
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Seth B. Doughty
Partner
McDermott Will & Emery
Mr. Doughty focuses his practice on transactional matters in the energy industry. He has in-house experience at one of... | Read More
Mr. Doughty focuses his practice on transactional matters in the energy industry. He has in-house experience at one of the largest Southern California utility companies. There, Mr. Doughty gained experience drafting and negotiating a large variety of contracts, amendments and consents for supply and power procurement agreements.
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