Wind and Solar Projects: Extending, Repowering, or Decommissioning

This CLE course will examine the legal issues that may arise when owners of aging wind and solar projects decide whether to extend, repower, sell, or retire the facility. The panel will cover review and analysis of the existing site rights and project agreements, obtaining required approvals and consents, ongoing obligations related to each choice, financial assurance, and the allocation of remaining liabilities.

Wind and solar projects involve leases, easements, permits, interconnection rights, power purchase agreements, and financing documents that often fail to address next steps as the project approaches the end of its initial operating period. Choices include extending the project, replacing or upgrading equipment, transferring the asset, or retiring the facility. Any option requires determining if existing site rights and project documents remain sufficient and whether new permits, regulatory reviews, lender consents, or other approvals become necessary. Asset retirement or decommissioning may raise concerns for equipment removal, recycling, site restoration, and the funding of ongoing obligations.

Listen as our authoritative panel navigates the legal and practical considerations for extending, repowering, selling, or retiring wind and solar projects.