Renewable Energy Projects: Negotiating Ancillary Agreements for the Real Estate Facility
Strategies for Structuring Project Contracts After Negotiating the Terms of the PPA

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Energy
- event Date
Wednesday, January 12, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

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.

Ms. Peters has extensive knowledge and experience with renewable energy projects having aided her clients in successfully developing, operating and expanding hundreds of cogeneration facilities, clean fueling facilities and small to medium sized clean energy power plants over the past 20 years. Her work includes securing the real property interests for the land on which the facilities operate, environmental compliance, compliance with renewable portfolio standards, land use and permitting issues, including environmental impact documentation, negotiating power purchase and interconnection agreements, construction contracts, and agreements for the purchase and sale of both renewable fuel sources and environmental attributes, such as renewable energy credits (RECs), carbon credits, Renewable Identification Numbers (RINs) and Low Carbon Fuel Standard (LCFS) credits. She has also been successful in closing several financing transactions for these projects. Ms. Peters is also a frequent speaker on power purchase agreements, ancillary agreements to support renewable energy projects, development of renewable energy projects (including solar, wind, digester gas, biomass, and landfill gas), evaluating environmental impacts under the California Environmental Quality Act (CEQA) in light of AB 32 and related greenhouse gas emissions regulations and green building.
Description
The PPA defines the relationship between parties involved in renewable energy projects. In conjunction with the PPA, parties must negotiate several ancillary agreements to implement projects.
Counsel to facility developers and property owners must consider various factors and risks in planning a renewable energy facility. Ancillary agreements related to the facility include security and land contracts. The parties must also address permitting issues.
As the renewable energy community continues to grow, these negotiations are becoming increasingly sophisticated. Companies and counsel must carefully negotiate the ancillary agreements to the PPA to allocate risk among the parties.
Listen as our panel of experienced energy attorneys examines the ancillary agreements to a PPA and critical terms and provisions. The panel will also review how the different types of renewable energy impact the agreements, especially financing and loan documents, discuss permitting issues to address, and offer strategies for negotiating the ancillary agreements.
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?
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