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Negotiating Commercial Contracts for Energy Storage Projects: Procurement, EPC Contracts, Energy Storage Agreements

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, December 5, 2024

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 8, 2024

or call 1-800-926-7926
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This CLE webinar will provide energy counsel with guidance on the key types of commercial contracts involved in energy storage projects. The panel will discuss and analyze salient topics that have been highlighted in several recent deals.

Description

Renewable energy storage helps to overcome grid reliability issues that stem from intermittent energy production and is therefore a key enabler of renewable energy generation. As the demand for energy storage solutions continues to grow, so do the intricacies of the commercial contracts that underpin energy storage projects.

Counsel must be prepared to navigate the complexities of contracts for energy storage projects, including associated aspects of energy storage development such as equipment procurement contracts, engineering, procurement, and construction (EPC) contracts, and long-term energy storage agreements.

Listen as our authoritative panel of energy attorneys discusses key topics and themes that have arisen in recent energy storage deals. The panel will discuss tax equity, permitting, interconnection, transmission, and other related issues.

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Outline

  1. Introduction
    1. Overview of the energy storage landscape
    2. Importance of commercial contracts in energy storage projects
  2. Equipment procurement contracts
    1. General description and purpose
    2. Buyer concerns
    3. Seller concerns
    4. Key issues
    5. Rights and remedies, delays, performance deficiencies, termination
    6. Commissioning, warranties, performance guarantees
  3. EPC contracts
    1. Overview and significance
    2. Owner obligations vs. contractor obligations
    3. Pricing and financial structures
    4. Rights and remedies
    5. Key processes
    6. Performance guarantees and warranties
  4. Energy storage agreements
    1. Tolling agreements vs. capacity sale agreements
    2. On-site vs. grid-connected energy storage agreements
    3. Title and risk of loss for stored electricity
    4. Performance guarantees and adjustments
    5. Key considerations
    6. Disclaimers, excused delays, and implications of buyer breaches
  5. Key takeaways

Benefits

The panel will review these and other important issues:

  • Understanding the procurement contract, EPC contract, and energy storage agreements
  • Key considerations and hot topics in recent deals
  • Best practices to avoid common pitfalls in reviewing and negotiating commercial contracts for energy storage projects

Faculty

Holmes, William
William H. Holmes
Partner
K&L Gates

Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on...  |  Read More

Additional faculty
to be announced.
Attend on December 5

Early Discount (through 11/08/24)

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Early Discount (through 11/08/24)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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