DATES: APR 15-19, 2019
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

  

 
 

 

Overview

This seminar focuses on the fundamentals, legal and regulatory frameworks, current important issues and trends in understanding and negotiating transmission service agreements. The seminar will include financial and project-related themes in the context of transmission services. The objective of the seminar is to assist transmission service agreement role players, including policy makers and practitioners from emerging economies, to develop skills and to better understand the contractual terms and conditions through analysis and applications.

 

Course Outline

  

Fundamentals of Transmission Service Agreements

  • Overview of established arrangement of provisions
  • Actors and Role players
  • Policy Considerations

 

Legal and Regulatory Frameworks

  • The Regulator, including Tariff Setting
  • Compliance, and Discussion of Selected Laws and Regulations

 

Contractual Considerations, including

  • Important Concepts/ Definitions
    • Transmission Service Types (e.g. “point-to-point transmission service,” “open access”)
    • Transmission Charges and Affiliates
    • Curtailment Conditions
    • Operating Period
    • Insolvency Events and Occurrences
  • General Terms of Service
    • Standards and requirements for operation and maintenance
    • Billing and payments
  • Terms and Continuing Obligations
    • Environmental Compliance and Procedures
    • Remediation and Abatement
    • Force Majeure
    • Tax Responsibilities
  • Amendments
    • Declare notice of filing and response
    • Limitations in Modifications of Agreement
    • Governing law and dispute resolution
  • Termination Procedures
  • Miscellaneous
    • Scheduling and Metering

 

Project-Related Topics

  • Procurement Issues
  • Utilization of Public-Private Partnerships
  • Project Finance Considerations for Transmission Services
  • Other Financial Considerations

Trends in Power Services and Other Current Topics

  • Grid Modernization
  • Renewables, integration, and energy storage
  • Growing load defections for Utilities
  • Design reforms and Distributed Energy Resources (DER)
  • Environmental Concerns
  • Refocused customer service, including the role of third party vendors
  • Changing Utility business models

Negotiations

  • Negotiating techniques
  • Negotiating with donor organizations, financiers and sponsors
  • Approaching/Drafting Contractual Terms, Conditions and Amendments

Course Advisor

Don De Amicis is an Adjunct Professor of Law at the Georgetown University Law Center, where he teaches international business transactions, and a Senior Advisor at the International Law Institute. He was previously Vice President and General Counsel of the Overseas Private Investment Corporation, the U.S. government’s development finance institution, which supports private investment through project finance and political risk insurance. Don was a partner at the international law firm Ropes & Gray, where he focused on finance, corporate law, and restructuring. He is a member of the Sanctions Committee of the Inter-American Development Bank and the Enforcement Committee of the European Bank for Reconstruction and Development, and also serves as an independent arbitrator.