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Overview
Join energy attorneys, developers, renewable energy experts, county officials, landowners, and engineers at the 2009 Wind Energy Institute. A nationally-recognized faculty—drawn from attorneys, developers, engineers, and key Texas policymakers—will provide you with the latest technological, business, and legal information regarding wind development. Topics include emerging issues, market conditions, CREZ developments, dispatch priority, siting issues, and more.
| Program for Wind Energy Institute |
WEDNESDAY MORNING
Presiding Officer(s)
Lisa Chavarria, Stahl, Bernal & Davies, L.L.P. - Austin, TX
Presiding Officer(s)
Lisa Chavarria, Stahl, Bernal & Davies, L.L.P. - Austin, TX
| 8:00 am | Registration Opens Includes continental breakfast. |
| 8:45 am | Welcoming Remarks |
| 9:00 am | The Role of Wind: Opportunities and Obstacles to Meeting Future Energy Needs An overview of the role and future of wind--nationally and in Texas--in meeting the demand for energy, including the relative competitiveness of wind to both traditional and renewable energy generation in light of lower oil prices and likely carbon regulations. |
Pat Wood, III Wood3 Resources - |
| 9:30 am | The Challenges and Promise of the Transmission Super Highway Many of the areas and indeed states that are ideal for wind development are lightly populated; a robust national or interregional transmission system would allow for the movement and export of power to high-demand areas, particularly on the East and West coasts. This session explores the options, proposals, challenges and timelines for developing a robust national transmission system. |
Moderator: Pat Wood, III Wood3 Resources - Jimmy Glotfelty ICF International - Carl A. Huslig ITC Great Plains - |
| 10:15 am | Break |
| 10:30 am | Follow the Money: Financial Anatomy of a Wind Deal A non-technical discussion of the role of the revenue streams in a typical wind deal, including power sales (PPA and merchant) and the impact of federal tax credits, state renewable energy credits, turbine deposits, interconnection agreements and other related economic considerations in wind deals. |
David Berry Horizon Wind Energy - |
| 11:00 am | Power Markets and the Price of Energy: The Impact of New Texas Rules on Wind Development This session opens with a short primer on how power is priced, bought and sold in the Texas market and continues with a discussion of the impact of the new Texas rules (i.e., Nodal) on wind development and projects. |
Frank A. Felder Rutgers, The State University of New Jersey - |
| 11:45 am | CREZ Overview: The PUC’s Final Order and the Road to Implementation In what has been described as the largest renewable energy project in the nation’s history, the Texas Public Utility Commission issued an order designating Competitive Renewable Energy Zones (CREZ) and approving a multi-billion dollar transmission plan to deliver renewable energy to customers in Texas. This session reviews the matters decided in the CREZ order and previews the issues and challenges of its implementation. |
Steven Baron Consulting and Legal Services - |
WEDNESDAY AFTERNOON
Presiding Officer(s)
Steven Baron, Consulting and Legal Services - Austin, TX
Presiding Officer(s)
Steven Baron, Consulting and Legal Services - Austin, TX
| LUNCHEON PRESENTATION |
| 12:15 pm | Pick up Box Lunch Included in conference registration. |
| 12:30 pm | Solar, Renewables and Storage: Current Developments, New Technologies and Competitiveness |
Moderator: Andy Bowman Roy Daniel Energy Storage and Power LLC - Richard Gruber First Solar, Inc. - Brewster McCracken Austin City Council - |
| 1:15 pm | Break |
| 1:30 pm | Who Will Build the CREZ Transmission: Selection Process and Criteria The PUC has taken the novel approach of inviting new companies to compete to build CREZ transmission facilities. This session will provide a discussion of the Texas PUC rule that establishes the criteria and procedures for the selection of companies to build the CREZ transmission facilities approved in the PUC's CREZ order, and the proceeding the PUC has initiated to select the companies that will build these transmission projects. A hearing in that proceeding is scheduled for December 2008. |
Moderator: Jess K. Totten Public Utility Commission of Texas - J. Jolly Hayden Lone Star Transmission, LLC - Allen Nye Vinson & Elkins LLP - |
| 2:15 pm | Integrating and Managing Wind Generation: The European and ERCOT Experiences One of the major challenges to integrating additional wind generation to the overall mix of supply is managing abrupt changes in the available power flowing from wind farms to the grid. The Europeans, in particular Spain and Germany, have taken a leadership role in managing wind integration, and have pushed their use of wind power to levels that far exceed what is being done in the U.S. generally, and even in ERCOT. This session includes a special presentation from RED ELÉCTRICA de España, the Spanish grid operator, and the German Energy Agency on their approaches to wind integration (with opportunities for Q&A); updates from ERCOT on this issue; and discussion of how the Spanish and German experiences might inform the integration of higher levels of wind power in Texas. |
Moderator: Michael G. Grable The Electric Reliability Council Of Texas (ERCOT) - Lisa Chavarria Stahl, Bernal & Davies, L.L.P. - Miguel de la Torre Rodriguez RED ELÉCTRICA de España, S.A. - Christine Wörlen Deutsche Energie-Agentur GmbH (dena) - German Energy Agency - |
| 3:15 pm | When Will the CREZ Transmission Get Built? Completing the regulatory approval process and constructing the CREZ transmission will be a major undertaking. It may not be possible to complete all facilities at the same time such that priorities must be set. This session will address issues affecting timing, including recommendations and decisions on processing the numerous applications for applications for transmission CCNs (certificates of convenience and necessity) and sequencing the order of build-out for the many transmission projects. |
Dan Woodfin The Electric Reliability Council of Texas (ERCOT) - |
| 3:45 pm | Break |
| 4:00 pm | ERCOT Transmission: How Much is There, Who Gets It, and What Do You Have When You Get It? The wind generation in West Texas has grown to over 6,000 MW while the addition of major transmission has not kept up. CREZ lines are coming, but when? Wind generator developers participating in the CREZ process expect some sort of preferred access to the transmission. Other generation technologies that don’t emit greenhouse gases also want some sort of preference. ERCOT has a dramatically different transmission access policy. Put it all together and what comes out? |
Daniel Jones Potomac Economics - Walter J. Reid |
| 4:30 pm | Legal Issues Facing Wind Leases and Wind Development This session will cover standard lease terms and special issues related to wind leases including the severance of wind rights and the acquisition of transmission easements. The panel will also discuss special drafting challenges presented by landowner concerns and statutory provisions related to wind development in other states. |
Moderator: Lisa Chavarria Stahl, Bernal & Davies, L.L.P. - Gregory S. Friend McElroy, Sullivan & Miller, L.L.P. - Roderick E. Wetsel Wetsel & Carmichael, LLP - Robert P. Wright Baker Botts L.L.P. - |
| 5:30 pm | Adjourn to Sponsored Reception |
THURSDAY MORNING
Presiding Officer(s)
Patrick Woodson, E.ON Climate & Renewables - Austin, TX
Presiding Officer(s)
Patrick Woodson, E.ON Climate & Renewables - Austin, TX
| 8:30 am | Tax Abatement Learn the ins and outs of county tax abatements, including process, practical considerations, as well as an update on recent Attorney General opinions and possible legislative action during the 2009 session of the Texas Legislature. |
H. Alan Carmichael Wetsel & Carmichael, LLP - Shannon H. Ratliff, II Bracewell & Giuliani, LLP - |
| 9:00 am | Developers' Panel A discussion of market issues and trends for wind development in Texas: challenges, opportunities and approaches to future development from a panel of leading market participants—with varying perspectives. |
Moderator: John Moore Navigant Consulting, Inc. - J. Scott Caldwell RES Americas Inc. - Glenn Allen Hodges Babcock & Brown - Heather Otten Invenergy LLC - Patrick Woodson E.ON Climate & Renewables - |
| 10:00 am | Break |
| 10:15 am | Turbine Technology and Availability Panelists will discuss recent developments in the U.S. market and the likely impact on turbine availability in 2009 and beyond, as well as recent developments in wind turbine technology. |
Moderator: Adam S. Umanoff Chadbourne & Parke LLP - Leif Anderson Suzlon Wind Energy Corp. - Ralf Sigrist Nordex USA, Inc. - Dany St-Pierre Siemens Energy Inc. - |
| 11:15 am | Analysis of Interconnection Processes and Obstacles Outside of ERCOT, or Why Developers Like Texas This session highlights differences in interconnection rules and obstacles in Non-ERCOT jurisdictions and the ease of interconnection in Texas. This session includes detailed written materials to supplement the presentation. |
John K. Arnold Locke Lord Bissell & Liddell LLP - |
| 11:30 am | Opportunities for Wind Development: What’s Happening in Other States Texas leads the nation in wind development, but it's not the only game in town. Learn what's happening in other major wind markets. |
Moderator: Philip Moore RES Americas Inc. - Ted Apodaca New Mexico Renewable Energy Transmission Authority - Joshua Svaty Kansas House of Representatives - |
THURSDAY AFTERNOON
Presiding Officer(s)
Ned Ross, Direct Energy - Austin, TX
Presiding Officer(s)
Ned Ross, Direct Energy - Austin, TX
| LUNCHEON PRESENTATION |
| 12:15 pm | Pick up Box Lunch Included in conference registration. |
| Luncheon Introduction Chairman Barry T. Smitherman, Public Utility Commission of Texas, Austin, TX |
| 12:30 pm | View from the Capital: Policymaker Luncheon |
Phil King Texas House of Representatives - |
| 1:15 pm | Break |
| 1:30 pm | Renewable Energy Credits (RECs), Federal RPS and Carbon Taxes: What’s Ahead at the State and Federal Level This session looks to the (near) future and how proposed Federal RPS and the structure of likely carbon regulation will affect the market for wind and renewables in particular how wind will be treated relative to solar, “clean coal”, sequestration, and other renewables. This session will also examine related state developments. |
Tom "Smitty" Smith Public Citizen - Additional Speaker TBD |
| 2:15 pm | Siting Issues for Wind Development A discussion of some of the most frequently encountered environmental and wildlife issues--both statutory and regulatory--in wind projects, with commentary on how such disputes can play out in practice, plus a note on possible legislative or regulatory changes. |
M. Benjamin Cowan Locke Lord Bissell & Liddell LLP - Carter Smith Texas Parks and Wildlife - |
| 3:00 pm | Wind Litigation Update: Siting and Nuisance Issues This session provides a current update on litigation involving wind development in Texas, with particular focus on nuisance claims. The session will discuss best practices for managing such litigation, including conflict resolution strategies and ways in which a developer can minimize the risk of such lawsuits. |
Trey Cox Lynn Tillotson Pinker & Cox, L.L.P. - |
| 3:20 pm | Adjourn |
Conference Faculty
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Leif Anderson
Suzlon Wind Energy Corp. Indian Wells, CA Ted Apodaca New Mexico Renewable Energy Transmission Authority Santa Fe, NM John K. Arnold Locke Lord Bissell & Liddell LLP Houston, TX Steven Baron Consulting and Legal Services Austin, TX David Berry Horizon Wind Energy Houston, TX Andy Bowman Austin, TX J. Scott Caldwell RES Americas Inc. Austin, TX H. Alan Carmichael Wetsel & Carmichael, LLP Sweetwater, TX Lisa Chavarria Stahl, Bernal & Davies, L.L.P. Austin, TX M. Benjamin Cowan Locke Lord Bissell & Liddell LLP Houston, TX Trey Cox Lynn Tillotson Pinker & Cox, L.L.P. Dallas, TX Roy Daniel Energy Storage and Power LLC Bridgewater, NJ Frank A. Felder Rutgers, The State University of New Jersey New Brunswick, NJ Gregory S. Friend McElroy, Sullivan & Miller, L.L.P. Austin, TX Jimmy Glotfelty ICF International Houston, TX Michael G. Grable The Electric Reliability Council Of Texas (ERCOT) Austin, TX Richard Gruber First Solar, Inc. Austin, TX J. Jolly Hayden Lone Star Transmission, LLC Houston, TX Glenn Allen Hodges Babcock & Brown Austin, TX Carl A. Huslig ITC Great Plains Topeka, KS Daniel Jones Potomac Economics Austin, TX Phil King Texas House of Representatives Weatherford, TX |
Brewster McCracken
Austin City Council Austin, TX John Moore Navigant Consulting, Inc. Austin, TX Philip Moore RES Americas Inc. Austin, TX Allen Nye Vinson & Elkins LLP Dallas, TX Heather Otten Invenergy LLC Austin, TX Shannon H. Ratliff, II Bracewell & Giuliani, LLP Austin, TX Walter J. Reid Austin, TX Miguel de la Torre Rodriguez RED ELÉCTRICA de España, S.A. Alcobendas (Madrid) Spain Ralf Sigrist Nordex USA, Inc. Chicago, IL Carter Smith Texas Parks and Wildlife Austin, TX Tom "Smitty" Smith Public Citizen Austin, TX Dany St-Pierre Siemens Energy Inc. Orlando, FL Joshua Svaty Kansas House of Representatives Ellsworth, KS Additional Speaker TBD Jess K. Totten Public Utility Commission of Texas Austin, TX Adam S. Umanoff Chadbourne & Parke LLP Los Angeles, CA Roderick E. Wetsel Wetsel & Carmichael, LLP Sweetwater, TX Pat Wood, III Wood3 Resources Houston, TX Dan Woodfin The Electric Reliability Council of Texas (ERCOT) Taylor, TX Patrick Woodson E.ON Climate & Renewables Austin, TX Robert P. Wright Baker Botts L.L.P. Houston, TX Christine Wörlen Deutsche Energie-Agentur GmbH (dena) - German Energy Agency Berlin Germany |
Planning Committee
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Lisa Chavarria—CO-CHAIR
Stahl, Bernal & Davies, L.L.P. Austin, TX Ned Ross—CO-CHAIR Direct Energy Austin, TX John K. Arnold Locke Lord Bissell & Liddell LLP Houston, TX Ross Baldick University of Texas, Department of Electrical and Computer Engineering Austin, TX Steven Baron Consulting and Legal Services Austin, TX Douglas S. Bland Vinson & Elkins L.L.P. Houston, TX Andy Bowman Austin, TX Kimberlee Smith Centera AES Wind Generation San Diego, CA Trey Cox Lynn Tillotson Pinker & Cox, L.L.P. Dallas, TX Michael J. Esposito The University of Texas School of Law Austin, TX Sean Fitzgerald GE Infra, Energy Saratoga Springs, NY Michael G. Grable The Electric Reliability Council Of Texas (ERCOT) Austin, TX Shari Heino Mathews & Freeland LLP Austin, TX William H. Holmes Stoel Rives LLP Portland, OR |
Stephen Krebs
Baker Botts, L.L.P. Houston, TX M. Bradford Moody Watt, Beckworth & Thompson, L.L.P. Houston, TX John Moore Navigant Consulting, Inc. Austin, TX Heather Otten Invenergy LLC Austin, TX Julie Caruthers Parsley Austin, TX Heather Pinkerton Horizon Wind Energy Austin, TX Walter J. Reid Austin, TX Karl P. Richter Element Markets Houston, TX Paul Sadler The Wind Coalition Austin, TX Brent G. Stahl Stahl, Bernal & Davies, L.L.P. Austin, TX Adam S. Umanoff Chadbourne & Parke LLP Los Angeles, CA Roderick E. Wetsel Wetsel & Carmichael, LLP Sweetwater, TX Patrick Woodson E.ON Climate & Renewables Austin, TX |
Hotels/Venues
| AUSTIN | ||
Parking: Recommended parking in surface lot at Red River and Cesar Chavez or 2nd St public garage. $7 (subject to change)
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Nearby accommodations:
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Special rate: $215 good through Dec 22, 2008 (subject to availability) Parking: $15 Overnight Self-Parking; $20 Valet Parking Overnight |
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Key Dates: Cancellations, last-minute registrations, and related charges
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Austin
Last day for early registration: Jan 14, 2009, 5 p.m.
— Add $50 for registrations received after this time Last day for full refund: Jan 13, 2009, 5 p.m. Last day for partial refunds: Jan 16, 2009, 5 p.m. $50 processing fee applied |
Credit Hours
| MCLE |
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Texas MCLE: Course #900051969 13.50 hrs, includes 0.00 hrs ethics
MCLE reporting forms collected at the conference are submitted to the State Bar of Texas for processing within five business days. To claim immediate credit, self-report credit via the SBOT web site at http://www.texasbarcle.com/CLE/home.aspLegal Specialization: Administrative Law, Oil, Gas and Mineral Law, Real Estate Law California MCLE: Provider #1944 13.50 hrs, includes 0.00 hrs ethics
This course is approved for California MCLE credit. A Certificate of Completion and related course reporting documentation for CA MCLE credit will be available at the conference.
See http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10964&id=4991#recordkeeping for more information.
Other Jurisdictions: LA, NM, OK, NV, etc.
Many jurisdictions accept courses offered by the University of Texas School of Law, and approved by the State Bar of Texas, for CLE credit. Please check with your state bar association. A Certificate of Completion, and related course reporting documentation for MCLE credit will be available at the conference.
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| Other Credit |
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TX CPE-Accountants: Sponsor #250 16.00 hrs (50-min. hrs)
Texas CPE credit is calculated based on 50 minute hours, and must be self-reported. A Certificate of Completion will be available at the conference.
Insurance CE (TDI):
Titles/Escrow Officers: Attendees can claim up to 10 hours from a State Bar approved course. Submit the certificate of attendance to TDI.Agents/Adjusters: Attendees determine and self-report hours. Keep the certificate of attendance and submit to TDI if audited. A Certificate of Completion will be provided at the conference. For more information about insurance CE credit, see http://www.tdi.state.tx.us/agent/agcehome.html#summary. Registered Landman (AALP): 13.50 hrs and 0.00 hrs ethics credit
Landman credit hours are approved for this event; an AAPL affidavit of attendance will be provided at the conference. Registrant to self-report hours.
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Sponsors
PLATINUM SPONSORS
Energy Storage and Power LLC (ES&P) is a joint venture to exclusively market, license, and support the development and delivery of the patented next generation of Compressed Air Energy Storage (CAES). ES&P was formed by energy industry leaders PSEG, a Fortune 200 utility, and energy storage pioneer Dr. Michael Nakhamkin, who invented and led the design and technical implementation of North America's only CAES plant in McIntosh, Alabama. Second generation CAES converts less valuable off-peak wind energy to highly desirable, firm on-peak energy and builds on lessons learned from Alabama. It may enable long-term PPAs and facilitate debt financing from financial institutions, to help make your wind farm a reality. www.energystorageandpower.com
Florida Power & Light Company is the principal subsidiary of FPL Group, Inc. (NYSE: FPL), nationally known as a high quality, efficient 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 companies. 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
Invenergy LLC is a leading clean energy company focused on the development, ownership, operation and management of large-scale electricity generation assets in the North American and European markets. The company serves a wide range of utilities, load serving entities, energy merchants and industrial customers, with electric generation assets primarily in large scale wind energy and clean natural gas fueled electric generating facilities. Founded in 2001, Invenergy has an experienced management team with a track record of resounding success at Invenergy and in the team's prior business entities. Invenergy's development activities include building, owning and operating large scale wind energy and thermal generating facilities. www.invenergyllc.com
GOLD SPONSORS
Chadbourne & Parke LLP is one of the leading U.S. law firms in the renewable energy market. The Firm has worked on wind farm transactions both in the United States and abroad and has worked with most of the major U.S. wind developers. Our lawyers include a former general counsel and CEO of wind turbine manufacturer/project developer Zond (later of Enron Wind) and the past president of the American Wind Energy Association. Chambers USA—America's Leading Lawyers for Business honored Chadbourne at its 2008 Awards for Excellence as the winning law firm in the category of Energy Projects: Power Including Renewables. www.chadbourne.com
E.ON Climate and Renewables North America (E.ON) is one of the largest owners of renewable power projects and is rapidly expanding its alternative energy portfolio. E.ON is a subsidiary of E.ON AG, one of the world's largest energy companies, and the largest investor-owned utility in the world. E.ON possesses the financial strength, expertise and commitment to meet the growing demand for safe and reliable renewable energy. www.eon.com
Renewable Energy Systems (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 has either developed or constructed over 10% of the installed capacity in the United States. www.res-americas.com
Siemens Power Generation is one of the world's leaders for leading-edge power and energy solutions. With more than 40,000 experienced employees, they are specialists in planning, construction and upgrades of power plants; development, production and supply of components and systems; comprehensive plant services, I&C solutions and energy management systems; fuel cells, turbines, compressors and full-scope solutions for industrial plants, as well as wind energy systems. www.siemens.com/powergeneration
Stahl, Bernal & Davies, LLP has been serving clients in the wind industry since 2000. We have assisted clients in the development, finance, acquisition and sale of wind energy projects in multiple states totaling over 3,000 MW. Our lawyers are highly experienced in the preparation of wind energy leases, option agreements, and access, transmission, collection system, and non-obstruction easements. We analyze and resolve the myriad of legal, title and survey issues arising in the development of wind energy projects and help clients plan for future challenges to their operations. We work closely and collaboratively with counsel for project lenders and tax equity investors in coordinating the range of real estate instruments, governmental approvals, surveys, title policies, and legal opinion letters necessary to close deals. www.sbaustinlaw.com
Stewart Title Services (NTS) was established to meet the unique needs of national customers, through NTS' 20 National Service Centers and Stewart's network of more than 9,000 issuing offices and agencies. NTS has underwritten over 70 windfarm projects across the U.S., and has the experience to manage complex single and multi-site transactions, regardless of their locations. www.stewart-nts.com
SILVER SPONSORS
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AES Wind Generation, Inc. Baker Botts L.L.P. Horizon Wind Energy Locke Lord Bissell Liddell LLP McElroy, Sullivan & Miller, L.L.P. Vinson & Elkins L.L.P. Wetsel & Carmichael, LLP |
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