CLE Conference co-sponsored by the Environmental Law Institute (ELI), the Sabin Center for Climate Change Law, the New York State Bar Association Environment and Energy Section, the New York City Bar Association International Environmental Law Committee, the New York City Environmental Law Leadership Institute, and the Energy Bar Association.
ELI is also a proud sponsor of Climate Week NYC !
This conference served as an introduction to the basics of renewable energy finance for environmental and energy lawyers whose work touches on this area. The program explored core legal concepts and documents.
AGENDA
PART A: The Basics of Renewable Energy Finance |
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8:30 am |
Registration |
9:00 am |
Introductory Remarks: Michael B. Gerrard, Andrew Sabin Profesor of Professional Practice, Columbia Law School |
9:10 am |
Panel 1: Demystifying Terminology and Concepts in Renewable Finance and Fundamentals of Key Legal Documents; Introduction to International Energy Finance This panel covered key legal documents for a financeable project, purpose and parties to the documents, how the documents interact with one another as well as drafting tips. Key documents discussed included Power Purchase Agreements; Energy Performance Contracts; Engineering, Procurement and Construction Agreements; Operations & Maintenance Agreements; Subordination, Non-Disturbance Attornment and Consent Agreements; and Consent and Assignment Agreements. Panelists introduced the capital stack, and discussed the basics of renewable energy in the international arena.
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10:35 am |
Panel 2: Ratemaking 101 and Introduction to the Electric System and Basics Regarding Rate Components and Types of Rates This panel covered fundamentals of the electric system and components of rates, identities and roles of key actors, important differences between restructured and non-restructured markets and types of utility rates. Panelists discussed generation (energy v. capacity), transmission, delivery, sales and marketing, and surcharges and taxes, as well as fixed charges vs. volumetric, demand (peak vs. coincident), and standby rates.
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12 noon |
Lunch & Keynote: John Pendergrass, Vice President Programs & Publications, Environmental Law Institute |
PART B: The Basics of Renewable Energy Regulation, Rates and Pricing |
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12:45 pm |
Panel 3: ISOs, RTOs, and the Wholesale Market Experts on this panel introduced the role of ISOs and Regional Transmission Organizations in bulk power system operations, markets and planning, and will discuss the fundamentals of the Federal Power Act. This panel provided a basic introduction aimed at those unfamiliar with energy markets, including an introduction to RTO and ISO roles in operating power systems and markets for energy, capacity and ancillary services. Panelists will also highlight their roles long-term transmission system planning, public policy considerations, and interconnection. Panelists discussed single-state and multi-state dynamics, comparing and contrasting the New York ISO’s role with that of ISO New England, a regional RTO serving Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, and most of Maine, and discussed the role of consumer advocates in the process.
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2:25 pm |
Networking/Break |
2:35 pm |
Panel 4: Financial Incentives for Renewable Energy Projects This panel covered various financial incentives for renewable energy projects, including federal and state tax-based incentives as well as non-tax based incentives.
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3:25 pm |
Panel 5: Evolutions in Ratemaking Panel 5 covered the developments in renewable energy ratemaking system, including performance-based ratemaking, energy efficiency, demand response, as well as diverse methods applied to distributed generation, such as net metering, buyback rates, feed-in tariffs, value of solar and value of distributed energy resources. This panel discussed trends in New York as well as approaches being adopted around the country.
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4:15 pm |
Panel 6: Community Engagement & Participation in Renewable Energy Projects Community engagement is a critical component to a successful renewable energy project. This discussed community participation in rate cases, at the grassroots level, and in between.
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5:05 pm |
Closing Remarks: Caitlin McCarthy, Director, Associates Program, Environmental Law Institute |
Materials:
Speaker presentations are available above.
ADDITIONAL MATERIALS:
Panel 1:
- Additional Materials
- Form Power Purchase Agreement
- Introducing the Solar Put: Insurance for Cloudy Days at the Farm
- Power Purchase Agreement
- 45 Electricity produced from certain renewable resources
- 48 Energy credit
Panel 2:
Panel 3:
- Additional Materials
- Order 2000
- Order No. 888
- 3-24-2004 Order Granting RTO Status
- 6-25-97 Order Creating ISO-NE
- 2018 Power Trends
Panel 4:
- ConEd demand-management brochure
- Credit for Renewable Electricity Production and Refined Coal Production
- New rules and limitations for depreciation and expensing under the Tax Cuts and Jobs Act
- Local Sales and Use Tax Rates on Sales and Installations of Commercial Solar Energy Systems Equipment, NY Publication 718-CS
- PON 2439 Small Wind Turbine Incentive Program (Summary)
- PON 2568 NYSERDA CHP Program Summary
- Upstate-NY Sun Program Manual
- 45 Electricity produced from certain renewable resources
- 48 Energy Credit
- 74 Energy Storage Deployment Program
- 168 Accelerated Cost Recovery System
- 487 Exemption from taxation for certain energy systems
- 606 Credits against tax
- 1115 Exemptions from sales and use taxes
- 1489 Definition of energy property
Panel 5:
- Additional Materials
- MidAmerican 2001 FERC Net Metering Related Order
- PSL 66-j
- PSL 66-l
- SunEdison FERC Order (net metering 2009)
- VDER Joint Utility Handbook
- VDER Phase One order
- VDER staff letter
- Brattle Group presentation
- Community Distributed Generation Order
- Con Ed pricing pilot filing
- Con Ed VDER filing on rates studied
- FERC 2010 Case on Avoided Cost
- Joint Utility proposals
Panel 6:
- Additional Materials
- NY PSC Order Creating CDG Program
- NY PSC Order Waiving 10 Member Minimum
- NY-Sun CDG Overview
- Community Groups Coments to PSC on LMI CDG Policies
- DPS Staff Report to PSC on LMI CDG Proposals
- Energy Law 3-101
- NY PSC Order Adopting Low-Income CDG Initiatives
Information Regarding New York CLE Credits:
Columbia Law School has been certified by the New York State Continuing Legal Education (CLE) Board as an Accredited Provider of CLE programs. Under New York State CLE regulations, this live classroom and live simultaneous transmission transitional and non-transitional CLE Program will provide 8 credit hours that can be applied toward the Areas of Professional Practice requirement. This CLE credit is awarded only to New York attorneys for full attendance of the Program in its entirety. Attorneys attending only part of the program are not eligible for partial credit. Attendance is determined by an attorney's sign-in and sign-out, as shown in the Conference registers. On final sign-out, attorneys should also submit their completed Evaluation Form, provided at the Conference. Please note the NYS Certificates of Attendance will be sent to the email address as it appears in the register unless otherwise noted there.
PLEASE NOTE:
- All in-person attendees seeking credit must sign in when they arrive and out when they leave, noting the times at which they have done so. Credit will not be issued to attorneys who do not comply with the sign-in procedure. Attendees will also have to fill out an evaluation form which will be provided at the event site.
- Webinar attendees: a panelist or moderator will read out a code in the middle of each panel session which the attendees participating via webcast must record on their affirmations next to each session number. Download the AFFIRMATION form HERE so that you have it available during the event.
- IMPORTANT : Webinar attendees must return hard copies of both the AFFIRMATION FORM and the EVALUATION FORM to: Columbia Law School, Box B12, 435 W. 116th Street, New York, NY 10027. These documents should be completed and mailed by Tuesday, September 25th in order to facilitate the timely completion of the CLE process.
- Once all forms are received, it takes approximately 4-6 weeks to process and distribute CLE certificates. Contact Jessica Watt at jwatt@law.columbia.edu with questions regarding CLE certificates.