UTCLE THE UNIVERSITY OF TEXAS SCHOOL OF LAW

2007 WIND ENERGY INSTITUTE Presented by The University of Texas School of Law, The Oil, Gas and Energy Resources Law Section of the State Bar of Texas, and The Wind Coalition

Earn up to 13.25 Hours of MCLE Credit Specialization Credit Expected for Oil, G a s & Mineral Law

February 26 - 27, 2007 Austin Convention Center • Austin, Texas

P l atinu m S P O N S O R S FPL Energy, LLC • RES Americas

GO L D S P O N S O R S AES Wind Generation • Airtricity, Inc. • Direct Energy, LP

S i lv er S P O N S O R S Baker Botts L.L.P. • LLC • Gexa Energy McElroy, Sullivan & Miller L.L.P. • Morgan Lewis & Bockius LLP Siemens • Steakley, Wetsel & Carmichael, L.L.P. Stoel Rives LLP • Americas • Vinson & Elkins LLP 2007 WIND ENERGY INSTITUTE Presented by The University of Texas School of Law, The Oil, Gas and Energy Resources Law Section of the State Bar of Texas, and The Wind Coalition February 26 - 27, 2007 • Austin Convention Center • Austin, Texas

Earn up to 13.25 Hours of MCLE Credit

MONDAY, February 26, 2007 11:15 a.m. .50 hr 2:30 p.m. 1.25 hr

Wind Development: Key Survey and Title Developers’ Roundtable: Wind Deals in Presiding Officer: Lisa Chavarria, Issues Texas McElroy, Sullivan & Miller, L.L.P., Austin, TX A discussion of key survey and title issues in This session examines how developers look at the wind energy project developments. Title review viability and value of potential projects, including checklists, survey review checklists, and sample key legal and financial considerations. 8:00 a.m. registration Opens survey certification language will be provided, Moderator: Ward C. Marshall, Babcock & along with sample forms to resolve commonly Brown, Austin, TX and San Francisco, CA Includes continental breakfast. encountered title and survey problems. Practi- Andy Bowman, Airtricity, Inc., Austin, TX cal suggestions will also be offered on how to coordinate landowner and title company due Dave Herrick, FPL Energy, LLC, Juno Beach, FL 8:50 a.m. Welcoming Remarks diligence as well as the format and review of sur- Craig Matacynski, RES Americas, Austin, TX veys and title commitments in instances in which Robert Sims, AES Wind Generation, numerous landowners and tracts are involved. San Diego, CA Kimberlee Centera, AES Wind Generation, Wayne Walker, Horizon Wind Energy, 9:00 a.m. 1.00 hr San Diego, CA Houston, TX A Primer on Wind Energy: Meteorology, Brent G. Stahl, Stahl, Bernal & Davies, L.L.P., Stephen Wiley, Gamesa Energy USA, Austin, TX Technology, Economics and Transmission Austin, TX A substantial portion of this session is dedi- 3:45 p.m. break cated to the meteorology of wind and wind 11:45 a.m. .67 hr siting; with brief overviews of technology, 4:00 p.m. 1.00 hr economics and transmission issues that will Anatomy of a Wind Deal be discussed in more detail throughout the A non-technical discussion of the role and im- Follow the Money: The Rush to Finance and conference. pact of federal tax credit, state renewable en- Invest in Renewables Dr. Jaime Chapman, Texas Tech Wind ergy credits, turbine deposits, interconnection This session examines who’s investing in wind Energy Center, Lubbock, TX agreements and other related economic con- deals and the nature and characteristics of in- Andrew Swift, Texas Tech Wind Energy sideration in wind deals—an overview of the key vesting and finance at each stage in develop- Center, Lubbock, TX issues covered in the developers’ roundtable to ment. Learn who the major players and finan- follow. ciers are and what they are looking for—business Ciaran O’Brien, Airtricity, Inc., Chicago, IL and legal considerations. This session will also discuss the M&A activity in this section and im- 10:00 a.m. 1.00 hr 12:25 p.m. Lunch On Your Own plications for the industry. All About Wind Turbines: Supply, Demand, Moderator: Douglas S. Bland, Vinson & Elkins, Houston, TX Regulation, Innovations and the Impact on MONDAY AFTERNOON Future Development William H. Holmes, Stoel Rives LLP, Portland, OR Leading manufacturers discuss Presiding Officer: Andy Bowman, Stephen Krebs, Baker Botts L.L.P., Houston, TX the state of the turbine market: supply, de- Airtricity, Inc., Austin, TX Kevin B. Smith, Invenergy LLC, Chicago, IL mand, trends, specialization between manu- BP Alternative Energy North America facturers, and the impact of technical innova- Representative TBA tion and higher efficiencies on the size, scope 1:30 p.m. 1.00 hr and location of future development. Wind Leases: Developer and Land Owner 5:00 p.m. Film Moderator: Adam S. Umanoff, Morgan, Lewis Perspectives and Bockius LLP, Los Angeles, CA Texas Wind Farms: A Tour from Turbines to This session covers the latest developments and Market Sean Fitzgerald, GE Infra, Energy, emerging terms in wind leases and the key ne- This short documentary—produced specifically Saratoga Springs, NY gotiating points between developers and land- for the 2007 Conference—takes you onto work- Chris A. Lambert, Mitsubishi Power Systems owners. Sample leases and annotated clauses ing wind farms in the Sweetwater, TX region: from Americas, Newport Beach, CA will be provided. ground operations to the top of the turbines, to Dany St-Pierre, Siemens Wind Power, Orlando, FL Moderator: Heather Otten, Invenergy LLC, explain construction, generation, operation, Austin, TX Geoff Sharples, Inc., and interconnection. As a special bonus, each Carpinteria, CA Lisa Chavarria, McElroy, Sullivan & Miller, attendee will receive a complimentary DVD of Stephen Wieland, Vestas Americas, Denver, CO L.L.P., Austin, TX the documentary. Roderick E. Wetsel, Steakley, Wetsel & Many thanks to Babcock & Brown, FPL Energy, Carmichael, L.L.P., Sweetwater, TX LLC, GE Wind Energy, and the Sweetwater 11:00 a.m. break Robert P. Wright, Baker Botts L.L.P., Houston, TX community.

Phone: 512-475-6700 Fax: 512-475-6876 Web: www.utcle.org 5:20 p.m. Adjourn to Reception new wind power development? How will trans- 2:45 p.m. 1.25 hr mission build-out be prioritized, financed and ac- Many thanks to our Gold sponsors: tually constructed? What impact will ERCOT’s new The Market for Wind Energy: Who’s Buying, AES Wind Generation nodal pricing mechanisms have on development Who’s Not, and Why Airtricity, Inc. incentives? Leading experts from ERCOT, the PUC Market-based consumer demand for cleaner en- Direct Energy, LP and the transmission sector will explain the new ergy sources represents a major drive for future system, and discuss how these new rules are likely wind power installations. Whether through direct TUESDAY, February 27, 2007 to play out in practice over the next year. energy purchases or credits, Ken Donohoo, ERCOT, Taylor, TX many environmentally-sensitive corporate and in- dividual consumers are rapidly creating demand Presiding Officer: Mike Sloan, Virtus Energy Paul Hassink, AEP, Tulsa, OK while a variety of players from traditional energy Research Associates, Inc., Austin, TX Jess Totten, PUC, Austin, TX Dan Woodfin, ERCOT, Taylor, TX companies to brand new ventures are readying to serve that demand. This session discusses the 9:00 a.m. .75 hr motivations, possible regulatory obstacles, strate- Luncheon Presentation gy and goals of various market participants—with Grid 101: Understanding the Electrical Many thanks to our Platinum sponsors: a look at likely trends and developments over the Transmission Grid in Texas FPL Energy, LLC next few years. The essential primer on the power system, in- RES Americas Moderator: Matt Clouse, Green Power cluding the fundamentals on managing the Partnership, EPA, Washington D.C. grid, transmission constraints, reliability limits 12:00 p.m. Pick Up Box Lunch Chris Hendrix, Texas Retail Energy (Wal-Mart), and capacity issues, key terms, vocabulary and Included in conference registration fee. Bentonville, AR concepts—all with PowerPoint illustrations. Phillip W. Tonge, Direct Energy, LP, Houston, TX Ken Donohoo, ERCOT, Taylor, TX 12:15 p.m. TJ Tuscai, Gexa Energy, Houston, TX Welcoming Remarks: Wind Energy in Texas Wells Fargo Representative TBA 9:45 a.m. .75 hr Phil Wilson, Deputy Chief of Staff, Office of From Economics to Clean Air Credits: Is the Governor 4:00 p.m. .50 hr Wind Power a Good Deal for Texas? This session opens with a brief explanation of 12:30 p.m. 1.25 hr Local and County Perspectives the role and operation of the Texas Renewable (and Pitfalls) in Dealing with Wind Energy Wind Energy Policymaker Panel: Where Portfolio Standards (RPS) and Renewable Energy A discussion of the impact of develop- We’ve Been and Where We’re Going Credits (REC), and continues with a discussion of ment at the (mostly rural) local and county lev- related policy issues, e.g., transmission funding, Leading policymakers look back at the recent els. Construction, landowner royalties, spending, wind integration issues, new emission credits, etc. SB20 legislation and discuss the state of pending changes in the tax base and negotiations, and im- The panel closes with an exchange of differing regulations and future policy initiatives designed plementation of tax abatements—hear from those views on the economics and environmental im- to promote the growth of wind power. who have been through the process and have ad- pact of wind energy and what is the best wind Moderator: Paul Hudson, PUC, Austin, TX vised local officials or assisted developers on wind policy for Texas’ future. Senator Troy Fraser, Marble Falls (invited) developments. Mark Dreyfus, Austin Energy, Austin, TX Representative Phil King, Weatherford, TX Charles L. Black, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, L.L.P., Abilene, TX Philip G. Oldham, Andrews Kurth LLP, Austin, TX Jerry Patterson, Commissioner, Texas General Mike Sloan, Virtus Energy Research Land Office, Austin, TX Hon. Mitchell G. Davenport, Jack County, Jacksboro, TX Associates, Inc., Austin, TX Representative David Swinford, Amarillo, TX C. Kingsbery Otto, Attorney, Austin, TX Kathleen Harnett White, Chairman, TCEQ, 10:30 a.m. break Austin, TX 4:30 p.m. .50 hr TUESDAY AFTERNOON 10:45 a.m. 1.25 hr Getting Off the Grid: Distributed Generation Grid 102: The Future of Transmission in Texas Presiding Officer: C. Kingsbery Otto, and Small Scale Self-Generation The future growth and location of wind develop- Attorney, Austin, TX Want to go green? Get off the grid? Stay on the ments are heavily dependent on transmission ca- grid but reduce your energy bill? A former regu- pacity to move energy from wind farms in largely lator and manufacturers of small scale wind tur- rural wind areas to more densely populated mar- 2:00 p.m. .75 hr bines discuss what’s involved and how it works. kets. The transmission for many wind-rich areas of Coastal and Offshore Wind Development Mike Bergey, Bergey WindPower, Norman, OK Texas is near or at capacity, and will be subject This session discusses unique siting; development Mike Grable, ERCOT, Austin, TX to transmission curtailment by ERCOT, if additional and technical issues relative to coastal and off- Andy Kruse, , Flagstaff, AZ wind farms are developed. The Texas Legisla- shore development; special leasing and other ture has taken steps to increase the contribution regulatory issues; and concludes with a discus- 5:00 p.m. Adjourn of renewable energy resources by asking ERCOT sion on how long it will take for offshore develop- to study and the PUC to designate Competitive ment to be operational in Texas. Renewable Energy Zones (CREZ) and identify the new transmission facilities needed for the CREZs. Moderator: M. Bradford Moody, Watt, Texas Wind Farms Beckworth & Thompson, L.L.P., Houston, TX In December 2006, ERCOT provided the PUC with Movie and DVD engineering analysis for new CREZ zones’ designa- Patrick A. Nye, American Shoreline, Inc., Corpus Christi, TX tions: Which areas are most likely to be designat- Included in ed and see build-out, on which routes, at what Jorge Ramirez, Texas General Land Office, conference registration! capacity levels, and when? What will the impact Austin, TX be on transmission capacity, and the location of Tom “Smitty” Smith, Public Citizen, Austin, TX

Phone: 512-475-6700 Fax: 512-475-6876 Web: www.utcle.org PLATINUM SPONSORS

FPL Energy, LLC Florida Power & Light Company is the principal subsidiary of FPL Group, Inc. (NYSE: FPL), nationally known as a high quality, ef- ficient and customer-driven organization focused on energy-related products and services. With annual revenues of more than $11 billion and a growing presence in 26 states, FPL Group is widely recognized as one of the country’s premier power compa- nies. Florida Power & Light Company serves 4.4 million customer accounts in Florida. FPL Energy, LLC, FPL Group’s competitive energy subsidiary, is a leader in producing electricity from clean and renewable fuels. www.FPL.com

RES Americas (RES) is one of the fastest growing wind development companies in the world and has been at the forefront of the wind industry since it was founded in 1981. RES has been active in North America since 1997 and during this time has either developed or constructed over 10% of the installed capacity in the . RES has offices in Austin Texas, Portland Oregon, Minneapolis MN, and Montreal Quebec. www.res-americas.com

GOLD SPONSORS

AES Wind Generation AES is one of the world’s largest global power companies, with operations in 26 countries, and five continents, our 122 genera- tion facilities have the capacity to generate over 44,000 megawatts and serve 100 million people worldwide. Our global work- force of 30,000 people is committed to operational excellence and meeting the world’s growing power needs. www.aes.com

Airtricity, Inc. Airtricity is a world leading renewable energy company, developing and operating wind farms in the United States, Canada and Europe. The company constructed its first projects in Texas during 2006 and will have more than 500 megawatts of wind projects on-line in Texas by 2007. www.airtricity.com

Direct Energy, LP Direct Energy is the third largest retail energy provider in the state and serves residential and commercial customers through the Direct Energy, CPL Retail Energy and WTU Retail Energy brands. Direct Energy also provides energy efficiency and other home services products to residential customers through its Home Services divisions. Direct Energy has investments in renewable en- ergy totaling approximately 443 MW of wind generation. www.directenergy.com

SILVER SPONSORS

www.bakerbotts.com www.siemens.com

www.invenergyllc.com http://steakley-wetsel.lawoffice.com

www.gexaenergy.com www.stoel.com

www.msmtx.com www.vestas.com

www.morganlewis.com www.vinson-elkins.com

Phone: 512-475-6700 Fax: 512-475-6876 Web: www.utcle.org REGISTRATION FOR WE07 MOVIE AND DVD Mail this registration form to: The University of Texas School of Law, Attn. WE07 P.O. Box 7759, Austin, TX 78713-7759 or fax a copy to: (512) 475-6876 Texas Wind Farms PLEASE PRINT CLEARLY A Tour from Turbines to Market

Bar Card#  TX  Other State:  N/A This short documentary—produced specifically for the 2007 Confer- Name [ Mr. / Ms. ] ence—takes you onto working wind farms in the Sweetwater, TX Firm region: from ground operations to the top of the turbines, to explain Address construction, generation, opera- tion, and interconnection. As a City State Zip special bonus, each attendee will receive a complimentary DVD of Telephone Fax the documentary. Registrant’s Email (required)

Assistant’s Email (optional) Invoices, confirmations and receipts are emailed to these addresses. REGISTRATION: Registration includes Course Binder, Monday Reception, Tuesday Box Lunch Presentation, and Complimentary DVD (Texas Wind Farms)

 Early Registration Fee due by Wed., February 14, 2007 $495.00  Registration Fee after Wed., February 14, 2007 $545.00  State Employee Rate ($375 after February 14, 2007) $325.00

EXHIBITOR: Exhibitor fee includes booth or table for two days. Please contact UTCLE at 512-475-6700 for set-up questions and information.  Exhibitor fee (booth/table for two days) $1000.00

CONFERENCE PUBLICATIONS AND MEDIA Allow 2–4 weeks from the conference date for delivery.  Course Binder with “Texas Wind Farms” DVD $250.00 Note: Conference registration includes Course Binder.  Audio CD Set $175.00  eBinder on CD (PDF format) $200.00/$50.00 ($200 purchased alone, $50 with registration or purchase of Course Binder or Audio CD Set)

IN-HOUSE CLE: Bring the conference in-house and learn at your convenience. Allow 2–4 weeks from the conference date for delivery.

 In-House CLE for 2—Includes Audio CD Set and Course Binder $750.00

Add participants (includes Course Binder) for $200 each $ TOTAL ENCLOSED $ METHOD OF PAYMENT  Check (make checks payable to: The University of Texas at Austin)

 VISA or  Mastercard (sorry, no AMEX or Discover)

Card # - - -    

X / Authorized Signature Exp. Date (mm/yy)

Phone: 512-475-6700 Fax: 512-475-6876 Web: www.utcle.org Austin CONF e r e NC E FA C U LTY February 26-27, 2007 MIKE BERGEY PAUL HASSINK PHILIP G. OLDHAM REPRESENTATIVE DAVID CONFERENCE LOCATION Bergey WindPower AEP Andrews Kurth LLP SWINFORD Norman, OK Tulsa, OK Austin, TX State Representative Amarillo, TX CHARLES L. BLACK CHRIS HENDRIX HEATHER OTTEN Wagstaff, Alvis, Stubbeman, Texas Retail Energy (Wal-Mart) Invenergy LLC PHILLIP W. TONGE Seamster & Longacre, L.L.P. Bentonville, AR Austin, TX Direct Energy, LP Abilene, TX Houston, TX DAVID HERRICK C. KINGSBERY OTTO DOUGLAS S. BLAND FPL Energy, LLC JESS TOTTEN Attorney Vinson & Elkins Juno Beach, FL Public Utility Commission of Houston, TX Austin, TX Texas (PUC) WILLIAM H. HOLMES Austin, TX Austin Convention Center ANDY BOWMAN JERRY PATTERSON Stoel Rives LLP TJ TUSCAI 500 E. Cesar Chavez Street Airtricity, Inc. Portland, OR Texas General Land Office Austin, TX 78701 Austin, TX Austin, TX Gexa Energy Houston, TX PAUL HUDSON 512-404-4000 KIMBERLEE CENTERA Public Utility Commission of JORGE RAMIREZ AES Wind Generation ADAM S. UMANOFF Parking: Surface lot at Red River & Texas (PUC) Texas General Land Office San Diego, CA Morgan Lewis & Bockius LLP Cesar Chavez, $7 day Austin, TX Austin, TX Los Angeles, CA Garage parking at 2nd Street & Brazos, DR. JAMIE CHAPMAN WAYNE WALKER $7 day Texas Tech Wind Energy Center REPRESENTATIVE PHIL KING GEOFF SHARPLES Horizon Wind Energy Lubbock, TX State Representative Clipper Windpower Inc. Weatherford, TX Carpinteria, CA Houston, TX Nearby Accommodations: LISA CHAVARRIA-CO-CHAIR Courtyard Marriott STEPHEN KREBS RODERICK E. WETSEL McElroy, Sullivan & Miller, L.L.P. ROBERT SIMS Steakley, Wetsel & 300 E 4th St, Austin, TX 78701 Austin, TX Baker Botts L.L.P. AES Wind Generation Carmichael, L.L.P. 512-236-8008 Houston, TX San Diego, CA Sweetwater, TX 800-228-9290 (reservations) MATT CLOUSE Green Power Partnership, ANDY KRUSE Special Rate $139 KATHLEEN HARNETT WHITE U.S. Environmental Protection Southwest Windpower good through February 5, 2007 MIKE SLOAN-CO-CHAIR Texas Commission on Agency (EPA) Flagstaff, AZ Virtus Energy Research (subject to availability) Environmental Quality (TCEQ) Washington, DC Associates, Inc. Austin, TX CHRIS A. LAMBERT Austin, TX ••••••••••••••••••••••••• HON. MITCHELL G. Mitsubishi Power Systems STEPHEN WIELAND KEY DATES DAVENPORT Americas Vestas Americas Jack County Newport Beach, CA KEVIN B. SMITH Denver, CO Registration & Cancellation Jacksboro, TX Invenergy LLC WARD C. MARSHALL Chicago, Il STEPHEN WILEY Gamesa Energy USA February 14, 2007—5 p.m. KEN DONOHOO Babcock & Brown ERCOT Austin, TX and San Francisco, CA TOM “SMITTY” SMITH Austin, TX last day for early registration Taylor, TX Public Citizen PHIL WILSON add $50 for registrations CRAIG MATACYNSKI Austin, TX received after this time MARK DREYFUS RES Americas Office of the Governor Austin Energy Austin, TX Austin, TX Austin, TX DANY ST-PIERRE February 16, 2007—5 p.m. Siemens Wind Power DAN WOODFIN M. BRADFORD MOODY ERCOT last day for full refund SEAN FITZGERALD Watt, Beckworth & Thompson, Orlando, FL GE Infra, Energy Taylor, TX L.L.P. Saratoga Springs, NY February 19, 2007 —5 p.m. Houston, TX BRENT G. STAHL ROBERT P. WRIGHT SENATOR TROY FRASER Stahl, Bernal & Davies, L.L.P. Baker Botts L.L.P. last day for partial refunds (Invited) PATRICK A. NYE Austin, TX Houston, TX $50 processing fee applied Texas Senate American Shoreline, Inc. Marble Falls, TX Corpus Christi, TX ABOUT THE COVER ANDREW SWIFT Cover photo by Joanna February 26, 2007—9 a.m. MIKE GRABLE CIARAN O’BRIEN Texas Tech Wind Energy Jefferson. For more conference begins ERCOT Airtricity, Inc. Center information, please email Austin, TX Chicago, IL Lubbock, TX [email protected]

2007 NON-PROFIT-ORG UTCLE Wind Energy Institute U.S. Postage Paid The University of Texas The University of Texas at Austin School of Law THE UNIVERSITY OF TEXAS SCHOOL OF LAW February 26-27, 2007 • Austin Convention Center • Austin, TX P.O. Box 7759 • Austin, TX 78713-7759

This program is not printed or mailed at state expense.

M This course has been approved for Minimum Continuing Legal Edu- cation credit by the State Bar of C Texas Committee on MCLE in the amount of 13.25 hours. The Univer- L sity of Texas School of Law is a State Bar of California approved MCLE E provider (sponsor #1944).

E-mail us at [email protected] or call us at 512-475-6700 for more information