EnergyNewswatch

Working with Electric Utility Contracts

July 18-19, 2024 Online

Click Here to register $1295

If you are unable to attend at the scheduled date and time, we make recordings available to all registrants for seven days after the event

“The program was very relevant for non-lawyers working in the utility sector, particularly with utilities.” – Avangrid

“Great and informative. EUCI offers online learning that assists my industries on multiple levels.” – SECO Energy

Utility contracting involves complex legal agreements and regulations that require a thorough understanding of various contractual elements and industry-specific considerations. Professionals involved in utility contracting struggle with intricacies of contract administration, regulatory obligations, risk allocation, and negotiation strategies. Other topics include confidentiality, security, warranties, force majeure, indemnification, boilerplate revisions, and much more.

Those who attend this in-depth and interactive course will grasp the key provisions of common contracts, including Power Purchase Agreements (PPAs) and Engineering, Procurement, and Construction contracts (EPCs).

Attendees are encouraged to ask questions, share current challenges, initiate discussions, and so on.

Learning Outcomes

  • Identify the essential elements and structure of a valid utility contract
  • Explore enforceability, usability, and administration best practices
  • Analyze the allocation of risk in utility contracts and strategies for effective risk management
  • Recognize utility-specific prerequisites for contracting (i.e., compliance, cybersecurity, and confidentiality)
  • Comprehend regulatory obligations, such as NERC and FERC regulations and their implications
  • Evaluate contractor requirements, safety programs, and control directives
  • Study specifics of PPA and EPC contracts during an in-depth review of each type of contract

Agenda

THURSDAY, JULY 18, 2024

9:00 a.m. – 5:00 p.m. : CENTRAL TIME

Basics of Utility Contracting

  • Essential Elements of a Valid Contract
    • Contract Structure – Working with Utility Form Agreements
    • Objectives
      • Enforceability and Usability (Contract Administration)
      • Defined Relationships and Obligations
      • Allocation of Risk
  • Prerequisites for Utility Contracting – Utility Policies and Protocols (Supply Chain, Energy Transactions, Capital Projects)
    • Contractor Requirements
      • Contractor Safety Program
      • Administrative Control Directives (Fit for Duty / Access Authorization Screening / Other)
      • Code of Conduct
      • Diversity Requirements / EEOC
    • Cybersecurity / Information Security
    • Confidentiality
      • Regulatory Obligations: NERC/FERC/NRC
      • Personal Information / Customer Usage Data
      • Proprietary Information / Trade Secrets
      • Publicity
    • Invoicing
    • Quality Management / Inspection / Testing / Documentation
    • Insurance
    • Financial Security: Letter of Credit / Performance Guarantee
    • Audit
    • Taxes
    • Offshore Work and Data Transfer
  • Legal Concepts
    • Utility Regulation (State and Federal)
      • Cost Recovery / Service Quality / Affiliated Transactions / Resource Planning and Acquisition / Certificates of Public Convenience and Necessity
      • Environmental Compliance
    • Subcontractors / Contractor Liens / Bonding / Lien Waivers and Releases
    • Change Orders / Change in Law
    • Warranty
    • Termination for Convenience and Termination for Default
    • Force Majeure – COVID-19
    • Title and Risk of Loss
    • Taxes
    • Order of Precedence
    • Contract Exhibits
  • Liability / Disputes / Litigation
    • Breach and Events of Default
    • Indemnification
    • Limitation of Liability
    • Dispute Resolution
  • Boilerplate Provisions (Choice of Law; Assignment; Waiver; Severability; Integration; Counterparts)

Interactive Session – Common Agreements and Key Provisions

  • Confidentiality / Non-Disclosure Agreements
  • Memorandums of Agreement / Understanding
  • Letters of Intent / Term Sheets

FRIDAY, JULY 19, 2024

9:00 a.m. – 12:00 p.m. : CENTRAL TIME

In-Depth Review: Power Purchase Agreements

  • General Structure
  • Financing
  • Key Provisions
    • General Commercial Terms
    • Conditions Precedent – Regulatory Approvals
    • Development Milestones
    • Operational Obligations
    • Performance Guarantees
    • Events of Default / Termination
    • Insurance Requirements
    • Credit and Collateral
    • Project Financing
    • Environmental Compliance

In-Depth Review – Engineering, Procurement and Construction Agreements

  • General Structure
  • Utility-Specific Characteristics

Negotiating Strategies