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 premium CLE video webinar with Q&A
This CLE course will guide counsel to parties involved in renewable projects on negotiating ancillary agreements to power purchase agreements (PPAs). The panel will review key terms and provisions, especially concerning financing and loan documents, discuss how the different types of renewable energy impact the transactions, and explain permitting issues.
Outline
- Land contracts
- Site leases
- Licenses
- Subleases or sublicenses
- Access, ROW, and easement agreements
- Security agreements
- Permitting issues
- Building
- CUPs/LUPs
- Environmental
- Strategies for negotiation
Benefits
The panel will review these and other essential 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?
Faculty
Gregory D. Chafee
Partner
Thompson Hine
Mr. Chafee's practice concentrates on energy transactions and provides strategic advice and counsel to project... | Read More
Mr. Chafee's practice concentrates on energy transactions and provides strategic advice and counsel to project developers, owners, lenders, private equity and venture capital investors, energy services companies, suppliers and vendors on financing, including debt and equity offerings, operations, and mergers, acquisitions and divestitures involving conventional and renewable energy.
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Kristen Thall Peters
Partner
Womble Bond Dickinson
Ms. Peters leads the Walnut Creek office and practices real estate, land use, environmental, and energy law. She... | Read More
Ms. Peters leads the Walnut Creek office and practices real estate, land use, environmental, and energy law. She advises and counsels commercial developers and property owners in connection with real estate acquisition and sales; development projects, green building, easements, and rights of way; and regulatory and land use approvals, including compliance with CEQA, NEPA, and the Endangered Species Act. She has acted as real estate counsel to potential purchasers and sellers of property valued from $100,000 to over $1 billion, including coordination and review of title, environmental due diligence, and disclosures. Ms. Peters regularly counsels landlords and tenants and negotiates and documents commercial and industrial property leases and indemnities. She also represents contractors, real estate brokers, and owners’ associations in various energy, real estate, and environmental matters. Ms. Peters also regularly counsels in a wide range of commercial and contractual matters. She has extensive experience negotiating power purchase agreements, transmission access, and funding agreements, and the financing of private electric power projects, including drafting contracts for power purchase, purchase and sale of environmental attributes, renewable energy credits (RECs) and carbon credits, distributorship, licenses, non-disclosure, collaboration, development, joint venture, and other arrangements. She has handled many purchases and sales of businesses, with an emphasis on companies with significant real estate portfolios and potential environmental liabilities. In addition to developing corporate environmental compliance, green certification, and sustainability programs, Ms. Peters advises clients on laws and regulations pertaining to air and water quality, hazardous substances, and California’s Renewable Portfolio Standard (RPS) statutes. She has worked with regulators on local, state, and federal levels and advises on environmental clean-up responsibility, underground and above-ground storage tank removal and remediation, flow control, e-waste, and recycling issues. Her practice involves all aspects of the alternative energy business.
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