THE UNIVERSITY OF TEXAS SCHOOL OF LAW THE OIL, GAS AND ENERGY RESOURCES LAW SECTION OF THE STATE BAR OF TEXAS 2014 RENEWABLE ENERGY 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, Electric Power 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 coal 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 Houston, 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.
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