About the Course
Introduction
This CLE webinar will examine drafting and negotiating shared facilities agreements among separately owned energy projects, such as wind, solar, or energy storage. The panel will examine ownership and access arrangements, cost allocation, governance, and protections for project owners and lenders.
Description
Shared substations, generation tie-lines, and access roads can be essential to multiple adjacent energy projects whose owners, schedules, and financing differ. Although the projects depend on the same infrastructure, their owners may have different operating needs and plans for expansion or sale. Counsel must structure agreements that preserve essential project rights and allocate responsibility as those needs change.
The final agreements must address the responsibility for construction and upgrades, budgets and maintenance approvals, and coordination of outages. Failing to consider and address project differences may leave some owners responsible for additional costs or facing disruptions to access and operation.
Consider when a participant defaults or a project transfers or decommissions. These changes may affect the continued use and financing of shared facilities. Proper agreements should coordinate owner remedies with lender protections and address continuing obligations.
Listen as our panel discusses shared facilities agreements, accommodating changing project needs, and preserving essential rights and continued operations.
Presented By
Mr. Vercauteren primarily represents developers, investors, owners, and lenders across sectors in project development, energy generation and infrastructure, real estate transactions, and land use approvals. He advises clients in all aspects of project development, including contract drafting and negotiation, due diligence review, title and survey issues, project finance, development incentives, tax credits, and leasing. Particularly unique for a transactional attorney, Mr. Vercauteren also has direct experience with permitting and land use approvals and has successfully obtained permits for clients in highly contested proceedings.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, December 3, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Shared facilities and agreement structure: ownership, access rights, project documents, and regulation
II. Cost allocation and governance
III. Financing and lender protections
IV. Changes in project participation: expansion, transfers, owner default, withdrawal, and decommissioning
V. Practitioner takeaways
The panel will review these and other key issues:
- How should counsel structure ownership and access rights and coordinate the agreement with other agreements/documents?
- Which cost allocation methods can address different project capacities, operating dates, and upgrade needs?
- How can governance and liability provisions address owner disagreements while preserving continued operations?
- Which protections should counsel negotiate for participant default and lender intervention?
- How should the agreement address expansion, transfers, and project retirement without impairing another project's rights?
Related Courses
Shared Facilities Agreements for Energy Projects: Cost Allocation, Governance, Expansion, and Exit
Thursday, December 3, 2026
1:00 PM ET/10:00 AM PT
