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Utility-Scale Solar and Wind Projects Heat Up in Illinois as Procurement Deadlines Approach

 The Illinois Power Agency (IPA) recently issued the Fall 2017 Procurement Wind and Solar Requests for Proposals (RFPs) on behalf of the state’s three major energy utilities to provide for the delivery of 1 million Renewable Energy Credits (RECs) per year from new utility-scale wind projects and 1 million RECs per year from new utility-scale solar projects and brownfield photovoltaic projects over a 15-year contract period. The deadline for RFP submissions for Part 1 is Aug. 7.

While IPA intends to use the Fall 2017 Procurement Event to achieve procurement of all required wind RECs, it will hold multiple procurement events for the solar RECs, with a 200,000 REC target for the current Fall 2017 Procurement.

These procurement events mark the beginning steps in IPA’s implementation of the Future Energy Jobs Act (FEJA), which is designed to develop an estimated 3,000 megawatts (MW) of new solar power and 1,300 MW of new wind power in Illinois by 2030.

The RFPs require bidders to submit two parts: Part 1 requiring detailed information regarding project, certain project representations, detailed financial information, and bid participation fee. Part 2 requires bid assurance collateral, certain certifications, information to prepare the REC contracts, and the bid, which consists of the annual quantity and price per REC.

Specifically, the RFPs provide the following schedule for submissions:

table renewable energy

Revisions to Bid Assurance Collateral

Notably, the July 19, 2017, Wind and Solar RFP Process and Rules (RFP rules) revised the financial guarantee requirements from the June 14, 2017, draft proposal requirements. The RFP rules allow bidders to submit financial guarantees in the form of letters of credit or cash as bid assurance collateral.

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Ralph Dudziak, Barnes Thornburg Law Firm, Energy and Transactional Attorney
Partner

Ralph Dudziak is a partner in the Chicago office of Barnes & Thornburg LLP. As a transactional attorney in the firm’s Corporate Department, Mr. Dudziak concentrates a significant portion of his practice in the energy sector on project finance and development, renewable energy project construction and term lending, tax equity financings, back-leverage financings, other forms of secured lending, credit warehouses and securitizations, private placements, and leasing.

Mr. Dudziak’s wide-ranging experience includes advising a variety of clients...

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Michael H. Elam, Environmental Attorney, Barnes Thornburg law firm
Partner

Michael H. Elam is a partner in Barnes & Thornburg LLP’s Chicago office and a member of the firm’s Environmental Law Department, Global Services Practice Group and Federal Relations Practice Group.

 Mr. Elam brings more than 30 years of experience in environment, energy and natural resource law, policy and risk management to the firm. Mr. Elam focuses his practice on securing permits, approvals and complex agreements related to the development, remediation and financing of environmentally challenged or controversial projects often involving sensitive water bodies or sources. He represents clients in complex litigation and enforcement actions, and is well known for securing creative and cutting-edge settlements for his clients, particularly with respect to infrastructure or energy-related projects. He has significant experience with investigations and cleanups, as well as with risk avoidance, risk allocation and dispute resolution, including negotiations, ADR and litigation. Mr. Elam is also highly effective in working with federal and state regulatory agencies, as well as representing private-sector clients seeking to secure approvals and financing for sensitive development projects or to resolve significant environmental claims.

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Ashley Parr, Chicago, Barnes Thornburg, Law FIrm, Environmental Attorney, Renewable Energy
Associate

Ashley E. Parr is an associate in Barnes & Thornburg’s Chicago office, where she is a member of the Environmental Department and Renewable Energy Practice Group.

Prior to joining Barnes & Thornburg, Ms. Parr served as an assistant general counsel for the Illinois Department of Human Services. She advised all programs in the department’s Family and Community Services Division on federal and state regulatory and compliance matters, government contracting, and administrative litigation. She also served as an extern for the U.S. Environmental Protection Agency’s Office of...

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Eli Korer, Chicago Attorney, Corporate Lawyer, Barnes Thornburg Law FIrm
Associate

Eli Korer is an associate in the Chicago office of Barnes & Thornburg LLP and a member of the Corporate Department.

Mr. Korer represents public and private companies in various corporate matters, including corporate formations, corporate governance and compliance, financing, commercial transactions, securities, mergers, stock and asset acquisitions and divestitures, joint ventures, and commercial real estate transactions.

Prior to joining Barnes & Thornburg LLP, Mr. Korer focused his practice on representing privately held companies in general corporate and real...

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