Feasibility
Contracts!
Before a project moves forward, this analysis helps determine whether the project makes technical, financial, and commercial sense.
What is a feasibility study? or if they say FAR … earlier in the project nudge them or redirect the most proper answer. And briefly discuss why this is important to the company or what the legal department does. (The legal department sound bite… assists with securing
Permitting!
During the active development phase of an energy project, the team discovers a protected wetland within the planned construction footprint. The project layout must be adjusted, and additional environmental approvals may be required before construction can begin.
What should the project development team do to keep the project moving while remaining compliant with permitting requirements?
What is coordinate with permitting agencies, update the project design as needed, and secure the required environmental approvals before proceeding with construction?
Permitting!
A government agency requires a project to obtain approval before construction can begin. The project cannot legally proceed without it. What is this?
What is a permit?
Permitting!
An operating battery energy storage facility receives notice that new fire safety regulations have been adopted by the local authority. The facility’s existing permits were approved before these requirements were implemented. What should the Operations team do to determine the appropriate next steps?
What is: Review the new requirements with the permitting authority and confirm whether the facility needs permit updates, additional approvals, or operational changes to remain compliant; if required implement processes to ensure ongoing compliance?
This Massachusetts town, the location of our company summer party, shares part of it's name with our current venue.
What is Manchester-by-the-Sea?
Real Estate!
This agreement is often used to allow a company to investigate or evaluate property before deciding whether to acquire or lease it.
What is an option agreement?
Regulatory!
A new regulation is introduced while an energy project is being developed that could change the project’s operating requirements and financial assumptions. The project team must understand the impact before making further commitments.
What is: Monitor regulatory changes and assess their impact on the project?
Real Estate!
A project needs temporary workspace during construction but does not need permanent rights to that area. What type of land right is commonly used?
What is a laydown yard?
Real Estate!
A project has been operating for years, but a Lease Agreement is approaching expiration. What should the legal and commercial teams review before simply allowing the lease to expire?
What are review the amendment rights, notice requirements, and reach out to the landowners to negotiate an extension.
Famous actor Tim Curry stared alongside the likes of Kermit the Frog, Miss Piggy, and other prominent Muppets in this modern retelling of a classic swashbuckling tale.
What is Treasure Island?
Permitting!
Before building a battery storage facility, developers must find out if the city will allow the project on the proposed land.
What is: “Does the project site’s zoning allow a battery energy storage facility?”
Real Estate!
The project has a signed lease, but the legal description does not cover the area where a critical facility will actually be located. What is the first thing the team should do?
What is seek a lease amendment, easement, or other additional land rights?
Contracts!
A contractor is not meeting its schedule and the project is falling behind. Which contractual provisions should the project team look to first?
What are schedule, delay, liquidated damages, and termination provisions?
Contracts!
An operating project discovers that a contractor's work caused damage to the facility. Which contractual provisions should you review to determine who bears the resulting cost?
What are indemnification, warranty, limitation of liability, and insurance provisions?
I have roots as nobody sees,
I'm taller than trees,
Up, up I goes,
and yet I never grow
What is a mountain?
Regulatory!
A proposed project requires connecting to the electrical grid. Before the project can reliably determine its interconnection costs and requirements, it will generally need to go through this process.
Answer: What is the interconnection process?
Contracts!
A contract says a party must provide notice within 10 days, but the business team discovers the issue on Day 9 and wants to wait until next week to involve Legal. What is the problem?
What is a contractual notice deadline—and potentially a waiver or loss of rights?
Contracts...again!
The EPC contractor argues that an unexpected event outside its control caused a delay and claims additional time and money. What contractual concept is it attempting invoking?
What is force majeure?
Contracts...again!
This contractual provision can require a party to compensate another party for specified losses, claims, damages, or liabilities.
What is indemnification?
This type of bird was the focus of a pointed inquiry to the knights of the round table by a bridge-guarding sorcerer in Monty Python's Holy Grail.
What is a swallow?
Story Time!
Your team discovers that a proposed project site with strong development potential contains several habitat features that are highly favorable for endangered species of Pygmy owls to breed, and the species is known to frequent the area. If the owls are confirmed on-site, the project could face significant construction delays because construction noise may disrupt their breeding season, and environmental restrictions may prevent the removal of vegetation that makes the site suitable habitat.
What project development stage is specifically intended to identify these types of environmental and permitting risks before significant capital is committed?
Answer: What is feasibility due diligence
Story Time!
The development team has spent significant money developing a project, but a key permit or interconnection approval cannot be obtained. What is the primary legal concept the project team should evaluate before continuing to spend money?
What is a development condition/termination right?
Story Time!
A project is almost complete, but the contractor says it is entitled to final payment even though several contractual completion requirements remain outstanding. What contractual mechanism should the project team examine?
Answer: What are the conditions to substantial completion, mechanical completion, substantial completion, or final completion—and the related payment provisions?
Story Time!
A profitable energy project has been operating successfully for 10 years, and the project company owns the land where the facility is located. A telecommunications company approaches the project team with a request to upgrade an existing communications pole on the property. The pole has historically been used only by the project; however, the telecommunications company wants to enhance the infrastructure to support additional planned energy projects in the surrounding area. What should the Operations & Maintenance (O&M) team do?
What is work collaboratively with the telecommunications company to evaluate the opportunity while ensuring any agreement aligns with the project owner’s operational requirements, contractual obligations, financing requirements, board approvals, and other governing constraints.