the university of school of law the oil, gas and energy resources law section of the state bar of texas

2014 Law photo: iStock/AndreasWeber

January 28–29, 2014 AT&T Conference Center  Austin, Texas

EVENT SPONSORS Haynes and Boone, LLP Husch Blackwell LLP Stahl, Bernal & Davies, LLP

SPONSORS Andrews Kurth LLP CohnReznick LLP K&L Gates LLP RES Americas Vinson & Elkins LLP

SUPPORTING ORGANIZATIONS Energy Bar Association Gulf Coast Power Association The Wind Coalition

Earn up to 15.00 Hours of CLE Credit Including 1.50 Hours of Ethics Credit

www.utcle.org  512.475.6700 2014 Renewable Energy Law January 28–29, 2014  AT&T Conference Center  Austin, TX

Earn up to 15.00 Hours of CLE Credit Including 1.50 Hours of Ethics Credit (TX, CA, NY, OK; IL, KS Expected) TX Legal Specialization Credit Approved for Administrative Law, Oil, Gas and Mineral Law, and Real Estate Law CEP for TX Professional Engineers and TREC CE Available

TUESDAY MORNING, JAN. 28, 2014 TUESDAY AFTERNOON 3:00 p.m. .50 hr

Presiding Officer: Presiding Officer: Interconnection Overview Brent Stahl, Stahl, Bernal & Davies, LLP, Karen E. Jones, SunPower Corporation, Overview of recent procedural and technical Austin, TX Portland, OR requirement changes and how these have become more demanding. Is this nourishing new practical considerations such as fast-track options for smaller 7:30 a.m. Registration Opens projects? Interesting parallels in ERCOT and CAISO. Includes continental breakfast. THank you to our Luncheon Sponsor Hala N. Ballouz, Engineers, Inc., Austin, TX 8:25 a.m. welcoming Remarks 3:30 p.m. Break 8:30 a.m. .75 hr 3:45 p.m. .75 hr Commercial Competitive Landscape for Utility-Scale Renewable Energy keynote LUNCHEON PRESENTATION Current Storage Technologies A look back and forward at the competitive landscape As costs of deployment decline and practical in Texas and beyond for wind and solar energy. 12:05 p.m. .75 hr experience increases, electric energy storage Andy Bowman, Pioneer Green Energy, LLC, Austin, TX is approaching an inflection point like that Regional Economic Outlook experienced by solar roughly a decade ago. The Anil Kumar (Invited), Senior Research Economist and 9:15 a.m. 1.00 hr panel discusses the legal challenges that operating Advisor, Federal Reserve Bank of Dallas, Dallas, TX energy storage projects have encountered while Utility-Scale Solar: Is the Texas Market being deployed, as well as the solutions to those Poised for Growth? 12:50 p.m. Break challenges. Will the convergence of the CREZ buildout, new Moderator: ERCOT protocols, PUCT policy and the expiration William H. Holmes, K&L Gates LLP, Portland, OR 1:00 p.m. .50 hr of the ITC create conditions for the expansion of Panelists: utility-scale solar energy deployment in Texas? Federal Regulatory Update Darrell W. Hayslip, Narrow Gate Energy, LLC, Denton, TX Moderator: Renewable developments over the past year and a Xtreme Power Panelist Randy Sowell, Lionshare Advisory Services, forecast of things to come, with a focus on federal McCamey, TX activity and the new leadership at FERC. Panelists: 4:30 p.m. 1.00 hr Paul F. Wight, Skadden, Arps, Slate, Meagher & Clay A. Butler, The Butler Firm, PLLC, Austin, TX Flom LLP & Affiliates, Washington, DC Michael Osborne, Austin Energy, Austin, TX Resource Adequacy Policy Impacts on Maura Yates, SunEdison LLC, Austin, TX Renewable Generators and Storage Facilities 1:30 p.m. .50 hr Over the past dozen years, a global pace-setting 10:15 a.m. Break State Regulatory Update 10,000 megawatts of wind capacity was installed in ERCOT and another wave of wind development Update on regulatory changes during the last appears to be underway in Texas’s Competitive 10:30 a.m. 1.25 hr year—key proceedings and rulings in Texas Renewable Energy Zones. Recently, the first impacting the electric power markets. Distributed Generation’s Impact on utility-scale solar and electricity storage facilities Diana M. Liebmann, Haynes and Boone, LLP, Large-Scale Electric Utility Models have interconnected to the ERCOT network. San Antonio, TX Will distributed generation (DG) be a “disruptive All this has occurred under Texas’s somewhat force” in the electric utility industry similar to the unique energy-only market design. Major changes 2:00 p.m. 1.00 hr impact cell phones have had on wire-line telephone to that market design have recently been ordered companies? This panel explores how DG may CREZ Update by the Public Utility Commission of Texas and evolve given advancing technology, government A description of the completed CREZ construction Commissioners continue to consider additional policy, new financing models, and how DG and focusing on statistics that have not typically market design changes, including a centralized Texas utility models can co-exist in harmony. been included in CREZ program summaries, an forward capacity market, to encourage new Moderator: assessment of current power delivery limitations generation resource development in the face of Richard Gruber, Third Path Advisors, LLC, Austin, TX from the Panhandle portion of the CREZ lines, projected resource inadequacy. What do such Panelists: and a projection of the likely financial impact—an market design changes mean for wind, solar and Robyn Beavers (Invited), NRG Energy, Inc., increase in ERCOT Transmission Cost of Service storage projects? This panel discusses the latest San Francisco, CA Brewster McCracken, Pecan Street Inc., Austin, TX (TCOS)—from the construction of the CREZ system. developments in the ERCOT resource adequacy SolarCity Panelist Moderator: policy-making environment with contextual focus John Moore, Stratus Energy Group, Austin, TX 11:45 a.m. Pick Up Lunch Panelists: Included in registration. Jeff Billo, Electric Reliability Council of Texas, Taylor, TX Steve Farmer, RS&H, Austin, TX

phone 512.475.6700  www.utcle.org  fax 512.475.6876 on issues of interest to renewable generation and 11:15 a.m. .75 hr ethics 1:15 p.m. .50 hr electricity storage project financiers, developers Lawyer for the Deal: The Intersection between Federal and operators. When You’re Wearing Too Many Hats Environmental Regulation and Renewable Moderator: Mark Bruce, Stratus Energy Group, Austin, TX When multiple entities are created for a “deal,” Energy Demand conflicts occur, and costs and attorney’s fees Panelists: James D. Marston, Environmental Defense Fund, Warren Lasher, Electric Reliability Council of Texas, skyrocket if litigation follows. What you need to Austin, TX Austin, TX know and what you can do to best serve your clients Dan Woodfin, Electric Reliability Council of Texas, when you find yourself wearing too many hats. 1:45 p.m. .75 hr Taylor, TX Thomas H. Watkins, Husch Blackwell LLP, Austin, TX State Tax Update 5:30 p.m. Adjourn to Reception This presentation highlights upcoming changes to 12:00 p.m. Pick Up Lunch the Chapter 313 program and how it could impact Included in registration. renewable energy projects, as well as other recent THANK YOU TO OUR SPONSOR tax updates. WEDNESDAY AFTERNOON Kevin O’Hanlon, O’Hanlon, McCollom & Demerath, Austin, TX Presiding Officer: Robert Wood, Economic Development and Analysis Richard Gruber, Third Path Advisors, LLC, Division, Texas Comptroller of Public Accounts, Austin, TX Austin, TX WEDNESDAY MORNING, JAN. 29, 2014 2:30 p.m. .50 hr Presiding Officer: THank you to our Federal Tax Update Russel E. Smith, Texas Renewable Luncheon Sponsor Renewable energy transactions are economically Energy Industries Association, Austin, TX driven by the current federal tax credits and incentives available. Learn about the latest tax 8:00 a.m. Conference Room Opens considerations and issues impacting tax equity investors and industry participants. Includes continental breakfast. Nat Eng, Novogradac & Company LLP, keynote LUNCHEON PRESENTATION San Francisco, CA 8:30 a.m. 1.00 hr 3:00 p.m. Break Financing and Investment: Emerging Project 12:20 p.m. .75 hr Financing Models/Vehicles, Pension Fund The Global Energy Transition: Investments in Renewable Energy, and PACE 3:15 p.m. .50 hr An Objective Look at Drivers and Pace Moderator: The transition from a fossil-energy present to Case Law Update Eric H. Drummond, Husch Blackwell LLP, Denver, CO an alternate-energy future will span the 21st A review of select recent court decisions involving Panelists: renewable energy. Tim Distler, Renewable Energy Trust Capital, Inc., century. The pace of change will be driven by San Francisco, CA energy affordability, availability, reliability and Becky H. Diffen, Vinson & Elkins LLP, Austin, TX Charlene Vanlier Heydinger, Keeping PACE in Texas, environmental sustainability. In percentage terms, Austin, TX oil and will slowly decrease while natural 3:45 p.m. .75 hr ethics Timothy Kemper, CohnReznick LLP, Atlanta, GA and nuclear increase. Attempting to orchestrate Charles H. Purcell, K&L Gates LLP, Seattle, WA What’s Your Ethics IQ? a transition via poorly-informed government policy, or unachievable technology acceleration, Test your ethics knowledge in an interactive game 9:30 a.m. .50 hr could have unintended consequences. Scaling up where the audience can anonymously answer Key Project Finance Issues for Long-Term alternative energy sources like solar, wind, biomass multiple choice ethics questions and compete Ground Leases and geothermal is investment-heavy, but can be against each other to win! Richard Melamed, Richard Melamed, PLLC, Dirk R. Mueller, Winston & Strawn LLP, accomplished with well-considered policy and , TX San Francisco, CA technology advances, especially in energy storage and transmission. Efficiency, including vehicles, 4:30 p.m. Adjourn 10:00 a.m. Break insulation and lighting, and industrial systems, is key to environmental sustainability. 10:15 a.m. 1.00 hr Scott W. Tinker, Director, Bureau of Economic Geology and State Geologist of Texas, Traditional PPAs vs. Hedge PPAs The University of Texas at Austin Jackson School of (or “Contract for Differences”) Geosciences, Austin, TX This panel discusses the differences between traditional PPAs and contracts for difference. Why 1:05 p.m. Break might a party prefer one over the other? What are the advantages and disadvantages? Moderator: Giji M. John, Andrews Kurth LLP, Houston, TX This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Panelists: M Committee on MCLE in the amount of 15.00 hours, of Kenneth Davies, Altenex, Boston, MA C which 1.50 credit hours will apply to legal ethics/ Shalini Ramanathan, RES Americas, Austin, TX professional responsibility credit. The University of Texas L School of Law is a State Bar of California approved MCLE provider (#1944), and an Oklahoma Bar Association E MCLE presumptively-approved provider (#169).

phone 512.475.6700  www.utcle.org  fax 512.475.6876 conference faculty

HALA N. BALLOUZ NAT ENG DIANA M. LIEBMANN SHALINI RAMANATHAN Electric Power Engineers, Inc. Novogradac & Company LLP Haynes and Boone, LLP RES Americas Austin, TX San Francisco, CA San Antonio, TX Austin, TX

ROBYN BEAVERS (INVITED) STEVE FARMER JAMES D. MARSTON RANDY SOWELL NRG Energy, Inc. RS&H Environmental Defense Fund Lionshare Advisory Services San Francisco, CA Austin, TX Austin, TX McCamey, TX

JEFF BILLO RICHARD GRUBER BREWSTER MCCRACKEN SCOTT W. TINKER Electric Reliability Council of Texas Third Path Advisors, LLC Pecan Street Inc. The University of Texas at Austin Taylor, TX Austin, TX Austin, TX Jackson School of Geosciences Austin, TX ANDY BOWMAN DARRELL HAYSLIP RICHARD MELAMED Pioneer Green Energy, LLC Narrow Gate Energy, LLC Richard Melamed, PLLC THOMAS H. WATKINS Austin, TX Denton, TX Houston, TX Husch Blackwell LLP Austin, TX MARK BRUCE CHARLENE VANLIER HEYDINGER JOHN MOORE Stratus Energy Group Keeping PACE in Texas Stratus Energy Group PAUL F. WIGHT Austin, TX Austin, TX Austin, TX Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates CLAY A. BUTLER WILLIAM H. HOLMES DIRK R. MUELLER Washington, DC The Butler Firm, PLLC K&L Gates LLP Winston & Strawn LLP Austin, TX Portland, OR San Francisco, CA ROBERT WOOD Economic Development and Analysis KENNETH DAVIES GIJI M. JOHN KEVIN O’HANLON Division, Texas Comptroller of Public Altenex Andrews Kurth LLP O’ Hanlon, McCollom & Demerath Accounts Boston, MA Houston, TX Austin, TX Austin, TX BECKY H. DIFFEN TIMOTHY KEMPER MICHAEL OSBORNE DAN WOODFIN Vinson & Elkins LLP CohnReznick LLP Austin Energy Electric Reliability Council of Texas Austin, TX Atlanta, GA Austin, TX Taylor, TX TIM DISTLER ANIL KUMAR (INVITED) CHARLES H. PURCELL MAURA YATES Renewable Energy Trust Capital, Inc. Federal Reserve Bank of Dallas K&L Gates LLP SunEdison LLC San Francisco, CA Dallas, TX Seattle, WA Austin, TX ERIC H. DRUMMOND WARREN LASHER Husch Blackwell LLP Electric Reliability Council of Texas Denver, CO Austin, TX planning committee

RICHARD GRUBER—CO-CHAIR GREGORY S. FRIEND STEPHEN KREBS MARTY JO ROGERS Third Path Advisors, LLC Stahl, Bernal & Davies, LLP OwnEnergy NextEra Energy Resources, LLC Austin, TX Austin, TX Houston, TX Houston, TX

BRENT STAHL—CO-CHAIR MICHAEL G. GRABLE TIM N. LIBSON GREGORY J. SMITH Stahl, Bernal & Davies, LLP Lone Star Transmission, LLC Trintek Energy Consulting, Inc. The University of Texas School of Law Austin, TX Austin, TX Austin, TX Austin, TX

STEVEN BARON KEVIN GRESHAM DIANA M. LIEBMANN RUSSEL E. SMITH Steven Baron Consulting and Legal E.ON Climate and Renewables Haynes and Boone, LLP Texas Renewable Energy Industries Services Austin, TX San Antonio, TX Association Austin, TX Austin, TX ANN A. HAWKINS BONNIE MCMURTRY MARK BRUCE Skadden, Arps, Slate, Meagher & Andrews Kurth LLP RANDY SOWELL Stratus Energy Group Flom LLP & Affiliates Houston, TX Lionshare Advisory Services Austin, TX Houston, TX McCamey, TX M. BRADFORD MOODY LISA CHAVARRIA WILLIAM H. HOLMES Watt Beckworth Thompson CYRUS TASHAKKORI Stahl, Bernal & Davies, LLP K&L Gates LLP Henneman & Sullivan LLP Pioneer Green Energy, LLC Austin, TX Portland, OR Houston, TX Austin, TX

JEFF CLARK MONTY HUMBLE JOHN MOORE ADAM WENNER The Wind Coalition Brightman Energy LLC Stratus Energy Group Orrick, Herrington & Sutcliffe LLP Austin, TX Austin, TX Austin, TX Washington, DC

BECKY H. DIFFEN JOANNA JEFFERSON BRETT A. PERLMAN RODERICK E. WETSEL Vinson & Elkins LLP The University of Texas School of Law Vector Advisors Wetsel & Carmichael, LLP Austin, TX Austin, TX Houston, TX Sweetwater, TX

ELIZABETH DREWS BYRON KENTOR KARL R. RÁBAGO SUSAN G. WILSON Husch Blackwell LLP SunPower Corporation Rábago Energy LLC Novogradac & Company LLP Austin, TX Austin, TX Austin, TX Austin, TX

phone 512.475.6700  www.utcle.org  fax 512.475.6876 how to register REGISTRATION FORM

PLEASE PRINT CLEARLY WE14 Register online: www.utcle.org Bar Card# ❑ TX ❑ Other State: ❑ N/A

Or mail your registration to: Name [ Mr. / Ms. ] The University of Texas School of Law Firm Attn. Registration PO Box 7759 Address Austin, TX 78713-7759 City State Zip Or fax to: 512.475.6876 Telephone Fax

Questions? Call us at 512.475.6700 Registrant’s Email (required)

Dietary requirements or Accessibility needs? Assistant’s Email (optional) Call 512.475.6700 or email [email protected] Invoices, confirmations and receipts are emailed to these addresses.

Registration Benefits REGISTRATION—Includes Course Materials, Tuesday and Wednesday Luncheon Presentations and Tuesday Evening Reception

Before the Conference: Access course materials— For Group registration, call 512.475.6700. downloadable PDFs of papers and slides—and 1. Select Registration Type speaker and attendee roster in Your Briefcase 48 ❑ Registration by Friday, January 17, 2014...... $520 hours before the conference. ❑ Registration after Friday, January 17, 2014...... $570 After the Conference: Unlimited access to final, 2. Select Course Materials Format complete course materials—downloadable PDFs ❑ Electronic Course Binder on USB Key ONLY of papers and slides—in Your Briefcase. ❑ Printed Course Binder ONLY Bonus eCourses: Complimentary 180-day access to Bonus eCourses—with papers, slides, and IN-HOUSE—For Texas MCLE Credit audio—for CLE credit you may have missed at the ConferenceComplete package includes Audio CD Set plus a Printed Binder and MCLE Reporting Form for each participant. conference. Available in Your Briefcase 6-8 weeks Available for delivery 3–5 weeks after conference date. Shipping included. after the conference. ❑ In-House for 2...... $850 TX MCLE Credit Reporting: UT Law CLE can report credit on your behalf directly to the State Additional participant(s) $275 each...... $ Bar of Texas. Track your Texas MCLE credit claimed † and reported through UT Law CLE in Your Account. CONFERENCEcomplete materials —For Research and Self-Study Comprehensive Binder and Audio products from the live conference. Your Account: Create Your Account online at www.utcle.org. Your UT Law CLE Account is Available for delivery 3–5 weeks after conference date. Shipping included. created for you as a first-time conference registrant ❑ eBinder Download (PDF)...... $225 (mail and fax registrations) with the email address ❑ Printed Binder...... $275 you provide. ❑ Audio Download (MP3)...... $175 ❑ Audio CD Set...... $225 In-House and †Texas customers—add 8.25% sales tax or include an Exemption Certificate...... $ ConferenceComplete Sales tax will be invoiced separately on taxable orders for which payment does not include tax. Materials TOTAL $ In-House Bring Renewable Energy Law in-house. Audio METHOD OF PAYMENT presentations and written materials for learning with ❑ Check (make check payable to The University of Texas at Austin) your colleagues—for Texas MCLE credit. We manage ❑ VISA ❑ MasterCard ❑ American Express the accreditation process from approval to reporting. Custom packages available. Card Number Exp. Date / (mm/yy) ConferenceComplete Materials ConferenceComplete. Comprehensive Audio and Authorized Signature Binders from live conferences—for research and self- study. Available for download and shipping.

phone 512.475.6700  www.utcle.org  fax 512.475.6876 2014 NON-PROFIT-ORG Renewable Energy Law U.S. Postage PAID The University of Texas at Austin   THE UNIVERSITY OF TEXAS SCHOOL OF LAW January 28–29, 2014 AT&T Conference Center Austin, Texas U T School of Law PO Box 7759 • Austin, TX 78713-7759

This program is not printed or mailed at state expense.

Visit www.utcle.org Email [email protected] Call 512.475.6700 Follow @UTLawCLE Tweet #UTLawrenewables

THANK YOU TO OUR SPONSORS Austin January 28–29, 2014 EVENT SPONSORS

CONFERENCE LOCATION Haynes and Boone, LLP www.haynesboone.com

Husch Blackwell LLP www.huschblackwell.com

Stahl, Bernal & Davies, LLP AT&T Conference Center sbaustinlaw.com 1900 University Avenue Austin, Texas 512.404.3600 SPONSORS

Special Room Rate: $174 Andrews Kurth LLP good through January 6, 2014 www.andrewskurth.com (subject to availability) CohnReznick LLP Parking: www.cohnreznick.com Free daily self-parking at UT garages. Separate fees apply for valet and K&L Gates LLP overnight parking. www.klgates.com/renewable-energy-practices

RES Americas KEY DATES www.res-americas.com

January 17, 2014 Vinson & Elkins LLP last day for early registration www.velaw.com add $50 for registrations received after this time SUPPORTING ORGANIZATIONS January 22, 2014 last day for cancellation (full refund) Energy Bar Association www.eba-net.org January 24, 2014 last day for cancellation (partial refund) Gulf Coast Power Association $50 processing fee applied www.gulfcoastpower.org

January 28, 2014, 8:25 a.m. The Wind Coaltion conference begins windcoalition.org