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Energy Storage: Current Economic and Regulatory Challenges and Opportunities

Level: Advanced
Runtime: 91 minutes
Recorded Date: April 28, 2022
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• Overview of the American Electric Power
        - Application Use Cases for Energy Storage
        - Technical Considerations
• Making the Case for Regulatory Approval of Battery Storage
• Commercial Trends in Utility-Scale Battery Storage

Runtime: 1 hour, 31 minutes
Recorded: April 28, 2022

For NY - Difficulty Level: For experienced attorneys only (non-transitional)


As the markets for energy storage resources continue to mature, state-level legal initiatives are providing commercial opportunities, including financial incentives and financing opportunities. Presenters will provide an overview of federal and state regulation of energy storage resources, discuss commercial structures and typical contract terms and identify legal issues that arise during the financing of energy storage projects. Among other things, you will learn about challenges to storage resources being deployed at both the transmission and distribution level and how transmission and distribution utilities and independent system operators (regional grid operators) are working to implement legal requirements to incorporate such resources into the relevant energy market in an efficient and cost-effective way.

This program was recorded on April 28th, 2022.

Provided By

American Bar Association
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Danielle Garbien

Bracewell LLP

Danielle Garbien represents developers, private equity investors, energy companies and hedge funds in a wide range of complex energy financing, investments, power purchase agreements, and commodity and hedging transactions, with a focus on power, renewable energy and energy storage. Danielle has experience negotiating and drafting EPC contracts, REC purchase agreements, turbine supply agreements, operating and management agreements and other procurement agreements for energy and infrastructure projects. She also advises on structuring hedges for the financing and acquisition of energy facilities; energy storage arrangements including tolling agreements, capacity contracts, revenue puts and heat rate call options. Her practice also includes providing advice on transactions involving carbon capture and sequestration; renewable energy transactions, including solar and wind development and offtake arrangements; long-term supply and credit facilities for retail and wholesale energy contracts; and prepaid natural gas and electricity transactions.

Danielle is an active committee member of the EEI Contract Drafting Committee, the committee that created the EEI Master Power Purchase and Sale Agreement. Danielle is also the co-chair of Bracewell’s Women Network. In addition, she serves on the Board of the Women Energy Network Greater NYC chapter and is a mentor in WEN NYC’s newly established mentor program.

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Carlos Caseablanca

Vice President
Bold Transmission, LLC

Carlos is responsible for the Advanced Transmission Studies and Technology group, where he oversees special studies, new technology deployment, asset health monitoring, and asset renewal activities. Carlos has served in various roles in the Transmission Planning, Transmission Operations, and Transmission Special Studies areas of AEP Transmission.

Carlos received his BS degree in Electrical Engineering from the University of Puerto Rico (Mayaguez, PR) in 2004, his MS degree in Electric Power Engineering from the Rensselaer Polytechnic Institute (Troy, NY) in 2005, his MBA degree from The Ohio State University Fisher College of Business in 2012, and is a registered Professional Engineer in the State of Ohio.

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Andrew O. Kaplan

Pierce Atwood LLP

Andrew Kaplan’s contributions to the energy industry have been nationally recognized. A leader in energy law and policy, he was a major architect of the current energy storage industry and an advocate for many of the regulations and rules that created today’s energy marketplace.

With over 25 years of experience from multiple perspectives, Andrew’s reputation as a trusted advisor and advocate has earned him credibility before federal and state regulators. As a former Chief of Staff and General Counsel at the Massachusetts Department of Public Utilities, he leverages his knowledge of the evolution of industry rules and competitive pressures to anticipate market trends, helping clients navigate next generation issues and working to develop, complete and operate energy projects using new technologies and industry paradigms.

More than a regulatory lawyer, Andrew is relied upon by boards of directors, C-suite executives, and senior management for strategic planning, business development and growth initiatives, regulatory affairs, governance, policy implementation and support of functions and operations company-wide. Having served as general counsel to a technology company, Andrew understands the business side of energy law.

He regularly represents clients before the Federal Energy Regulatory Commission (FERC), Independent System Operators/Regional Transmission Operators (NYISO, ISO-NE, PJM, Midcontinent ISO, California ISO, SPP and ERCOT), state public utility commissions, the U.S. Department of Energy and other governmental agencies to facilitate the approval process for federal, state, and local laws, regulations, and permits; assuring compliance with state siting requirements; and drafting and negotiating grid interconnection requirements.

Andrew’s unique experience in both the public and private sectors provides significant value to his clients by offering them a deep understanding of the regulatory process, and how regulators are likely to rule on particular issues. Given this background, Andrew is often asked to advise regulatory commissions globally on issues pertaining to electric deregulation and the maintenance of power quality criteria.

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Sarah A. W. Fitts

Arentfox Schiff LLP

Sarah represents US and global clients, including Japanese companies doing business in the United States and around the world. Her clients include power developers, investors, sovereign wealth funds, and private equity across a broad range of industries, such as power generation, publishing, biotech and medical devices, and automotive. Enjoying both business and the practice of law, she often acts as outside general counsel for clients without legal departments, in addition to advising on transactions.

A recognized leader in her field, Sarah has received numerous industry accolades from her peers and clients. In the words of clients according to the 2020 Chambers USA guide, “She is a brilliant attorney who’s insightful, responsive, and creative. She has an easy way of dealing with situations: she just fixes things.”

In addition to her corporate practice, Sarah has long been committed to public service and she actively lends her expertise to pro bono initiatives. She reads and speaks Japanese.

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