Renewable Energy Assets Acquisition: Structures, Tax Issues - McDermott

Utility Acquisition of Renewable Energy Assets: Deal Structures, Regulatory Considerations, Risks, Tax Issues


This Strafford-hosted CLE webinar will provide renewable energy counsel and utilities an in-depth analysis of key considerations and challenges in utility acquisitions of renewable energy projects. The panel will discuss key provisions in structuring deals, mitigating risks, build-transfer agreements and critical tax considerations for utilities and developers.


There has been a substantial increase in the acquisition of renewable projects and related assets by utilities within the last few years. Structuring these deals requires counsel to have detailed knowledge of the legal, regulatory and tax challenges involved in such transactions.

Wind and solar are increasingly competitive forms of electric generation, unlocking M&A opportunities for owners. Utilities are pursuing renewables to replace the older generation with more cost-effective alternatives and take advantage of current tax incentives. However, a utility’s acquisition of renewable assets can be complicated to navigate due to various items to consider, such as risks, key terms and conditions of build-transfer agreements, the use of tax equity for financing and regulatory compliance challenges.

Listen as our panel discusses key provisions and issues in negotiating and structuring deals, methods to mitigate risks, financing options and tax considerations for utilities and developers.


  1. Recent developments in renewable project acquisitions
  2. Legal and regulatory considerations
  3. Build-transfer agreements
  4. Tax issues
  5. Financing options


The panel will review these and other key issues:

  • What are the challenges in the acquisition of renewable energy assets by utilities?
  • What are the key items for negotiating and structuring the deal?
  • What key components of build-transfer agreements should be considered by developers and utilities?
  • What are the tax challenges?
  • What are the options and considerations for financing?

Registration Information


1:00 pm – 2:30 pm (EDT)



Christopher Gladbach, Partner, McDermott Will & Emery (Washington, DC)

Debra A. Harrison, Partner, McDermott Will & Emery (Washington, DC)

Joel A. Hugenberger, Partner, McDermott Will & Emery (New York)

Philip Tingle, Partner, McDermott Will & Emery (Miami)

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