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Bo Harvey is a partner in Stoel Rives’ Energy Development practice. He represents energy clients and financial institutions in connection with a wide variety of matters. He has particular expertise in negotiating and structuring energy hedges, swap and derivative transactions, and providing related regulatory advice concerning the Dodd-Frank Act and Commodity Futures Trading Commission regulations. In addition, he counsels clients with respect to the structuring of power purchase and offtake agreements generally. More broadly, he also represents energy developers in connection with the development, acquisition, and sale of renewable energy projects.

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Over the course of the next several months, participants that are actively engaged in project financing will need to begin thinking about how to manage the transition away from the London interbank offer rate (LIBOR, known as the “most important number in finance”).  LIBOR forms the basis for many financing agreements.  LIBOR is scheduled to

On August 19, the California Public Utilities Commission (CPUC) issued a proposed decision accepting the 2019 Renewables Portfolio Standard Procurement Plans submitted by four new Community Choice Aggregators (CCAs): Butte Choice Energy Authority; Clean Energy Alliance; the City of Santa Barbara; and San Diego Community Power.  Each of these CCAs is anticipated to start providing

On February 20, 2020, the Commodity Futures Trading Commission (CFTC)  unanimously approved a proposed rule that would revise certain reporting requirements for financially-settled offtake contracts that qualify as “swaps” under the Commodity Exchange Act (as amended by the Dodd-Frank Act), such as proxy revenue swaps, fixed-volume price swaps and certain virtual PPAs.  Many counterparties to