My partner Eric Hurlocker is helping lead a skills session on drafting and negotiating Power Purchase Agreements at the Energy Bar Association 2019 Mid-year Energy Forum this Wednesday, October 16, at the Renaissance Downtown Hotel in Washington, DC. Accompanying him on the panel is our law clerk (and pending associate) Creighton-Elizabeth Boggs. This panel is at 11:00 a.m. The full conference began today, the 15th, and goes through Wednesday evening.
Along with the other panelists, they will participate in an interactive approach to training lawyers how to negotiate a distributed energy power purchase agreement (PPA). During the first part of the session experienced practitioners will role-play as attorneys and clients to set the stage for a PPA negotiation, including a discussion of transactional terms and an overview of fundamental motivations behind the PPA instrument, such as the customer’s ability to avoid capital commitments and the developers ability to qualify for preferred tax treatment. The panel will then walk through a term sheet with the audience using a Q&A approach to go through the key provisions of the PPA from the perspective of a developer and a customer. Finally, the panel will focus on a few key PPA terms, comparing customer-friendly provisions to developer-friendly ones to provide participants with the background necessary to negotiate a distributed energy PPA.
If you’re at the meeting, please find us and say hello. If you can’t make it, follow along by looking for #EBA19EnergyForum in your favorite social channels.
As always, should you have any questions about energy regulation, energy resource development or other legal matters, you can call any of our energy lawyers to chat.