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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Energy

Date & Time
  • event Date

    Wednesday, October 19, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

This CLE course will provide counsel with an in-depth analysis of financing energy storage projects. The panel will discuss critical issues and provisions in structuring transaction risks to developers, lenders and investors, and revenue streams. The panel will also discuss crucial considerations in negotiating performance guarantees and warranties, the impact of EPC contracts on deal structures, methods to ensure compliance with ITC rules, and the challenges for stand-alone and co-located energy storage projects.

Faculty

David K. Burton
Partner
Norton Rose Fulbright, LLP

Mr. Burton advises clients on a wide range of U.S. tax matters, with a particular emphasis on project finance and energy transactions. In addition, he also advises clients on tax matters regarding the formation and structuring of domestic and offshore investment funds. He has extensive experience structuring tax-driven vehicles, such as sale-leasebacks, flip partnerships, inverted leases and other structures, for the acquisition and financing of renewable energy assets.

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Hilary Lefko

Ms. Lefko focuses her practice on all areas of federal income tax law, with a particular emphasis on tax controversy and renewable energy tax issues. She represents developers and investors in various energy and renewable energy projects, including transactions involving section 45 production tax credits for the production of electricity from renewable resources, including the purchase and sale of wind, open-loop biomass, landfill gas, geothermal and refined coal facilities. Ms. Lefko also advises on section 48 investment tax credits for solar projects, the Section 1603 Treasury Grant Program and other renewable energy incentives.

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Description

Renewable energy continues to expand with increased penetrations of renewable power expected over the next decade. Energy storage has become an essential component.

The current state of the energy storage market has sparked interest from investors. Financing energy storage projects presents unique opportunities and regulatory and legal issues that legal counsel must identify.

Attorneys structuring deals to finance energy storage must negotiate critical points, identify elements to minimize risks, and comply with ITC rules, among other vital challenges impacting the transaction.

Listen as our panel discusses critical issues and provisions in structuring energy storage transactions, regulatory challenges, and revenue streams, as well as examines challenges for stand-alone and co-located energy storage projects. The panel will also discuss crucial considerations in negotiating performance guarantees and warranties, EPC contracts, and the challenges of adding battery storage to renewable generation.

Outline

  1. Financing options for energy storage
  2. Deal structures
  3. Shifting risks and key considerations for developers, lenders, and investors
  4. Tax considerations
  5. Stand-alone and co-located energy storage projects

Benefits

The panel will discuss these and other key issues:

  • What are the options for financing energy storage projects?
  • What are the key negotiation and drafting points for structuring transactions?
  • What risks must be considered by developers, lenders, and investors?
  • What are the potential revenue streams?
  • What are the rules for claiming the ITC?
  • What are the challenges of stand-alone and co-located energy storage projects?
  • What are the challenges of adding battery storage to renewable generation?