• videocam Live Webinar with Live Q&A
  • calendar_month November 12, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Energy
  • schedule 90 minutes

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

About the Course

Introduction

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

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 credit and financing considerations, permitting, interconnection, transmission, and other related issues.

Presented By

Scott D. Ellis
Partner
Foley & Lardner LLP

Mr. Ellis is a trial lawyer with nearly two decades of experience working closely with clients to confront complex disputes that disrupt business, cause stress, and generate commercial and financial uncertainty. He is the managing partner of the Houston office, vice chair of the firm’s national Energy Litigation Practice, and a member of Foley’s Energy & Infrastructure Sector Advisory Board. Mr. Ellis is also an Adjunct Professor of trial advocacy at the University of Houston Law Center. He is highly skilled in evaluating and managing risk, suggesting creative, practical, and cost-effective dispute resolution strategies; and where a business resolution is not possible, achieving the client’s legal, business, and strategic goals through litigation.

William H. Holmes
Of Counsel
K&L Gates, LLP

Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on wind energy, solar energy, hydroelectric power, geothermal, biomass, natural gas, carbon offsets, and energy storage. His experience extends into corporate transactions, water law, and real estate law. Mr. Holmes also advises clients in negotiating major power purchase agreements, acquisition and sale of energy projects, EPC agreements, O&M agreements, fuel supply, and energy project development agreements. He has a particular focus on energy storage and was previously on the Board of the Energy Storage Association, the leading trade association for the storage industry, which has since merged with ACP.

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


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, November 12, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Current state of energy storage contracting, and project structures

II. Equipment procurement contracts: sourcing, performance, warranties, and remedies

III. EPC contracts: scope, pricing, delays, performance guarantees, and remedies

IV. Energy storage agreements: tolling and capacity structures, performance, and risk allocation

V. Interconnection, permitting, transmission, tax credit and financing considerations

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