Utility Acquisition of Renewable Energy Assets: Deal Structures, Regulatory Considerations, Risks, Tax Issues

Note: CPE credit is not offered on this program

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

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Conducted on Tuesday, April 20, 2021

Recorded event now available

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Course Materials

This CLE course will provide renewable energy counsel and utilities an in-depth analysis of key considerations and challenges in utility acquisitions of renewable energy projects. The panel will discuss key provisions in structuring deals, mitigating risks, build-transfer agreements, and critical tax considerations for utilities and developers.

Description

There has been a substantial increase in the acquisition of renewable projects and related assets by utilities within the last few years. Structuring these deals requires counsel to have detailed knowledge of the legal, regulatory, and tax challenges involved in such transactions.

Wind and solar are increasingly competitive forms of electric generation, unlocking M&A opportunities for owners. Utilities are pursuing renewables to replace the older generation with more cost-effective alternatives and take advantage of current tax incentives. However, a utility's acquisition of renewable assets can be complicated to navigate due to various items to consider, such as risks, key terms and conditions of build-transfer agreements, the use of tax equity for financing, and regulatory compliance challenges.

Listen as our panel discusses key provisions and issues in negotiating and structuring deals, methods to mitigate risks, financing options, and tax considerations for utilities and developers.

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Outline

  1. Recent developments in renewable project acquisitions
  2. Legal and regulatory considerations
  3. Build-transfer agreements
  4. Tax issues
  5. Financing options

Benefits

The panel will review these and other key issues:

  • What are the challenges in the acquisition of renewable energy assets by utilities?
  • What are the key items for negotiating and structuring the deal?
  • What key components of build-transfer agreements should be considered by developers and utilities?
  • What are the tax challenges?
  • What are the options and considerations for financing?

Faculty

Gladbach, Christopher
Christopher Gladbach
Partner
McDermott Will & Emery

Mr. Gladbach counsels clients in energy M&A, project development, tax equity and project finance transactions.

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Harrison, Debra
Debra A. Harrison
Partner
McDermott Will & Emery

Ms. Harrison focuses her practice on renewable energy transactions, general corporate matters, franchising, licensing...  |  Read More

Hugenberger, Joel
Joel A. Hugenberger
Partner
McDermott Will & Emery

Mr. Hugenberger advises clients on project finance, project development and tax equity transactions in the energy and...  |  Read More

Tingle, Philip
Philip Tingle
Partner
McDermott Will & Emery

Mr. Tingle represents energy companies such as utilities, independent power producers and financial institutions on a...  |  Read More

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