Bo Harvey

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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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LIBOR Transition Will Begin to Accelerate as 2021 Approaches

By Bo Harvey on October 29, 2020 Posted in Project Finance

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 … Continue Reading

California CCAs, including San Diego Community Power, Receive Proposed Decision for 2019 RPS Plan

By Bo Harvey and Brian Nese on August 31, 2020 Posted in California, Energy Policy, Renewable

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 … Continue Reading

CFTC Proposed Rule Benefits Certain Financially-Settled Offtake Arrangements

By Kate D’Ambrosio and Bo Harvey on February 21, 2020 Posted in Legal, Regulation, Renewable

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 … Continue Reading

San Diego Joins Community Choice Aggregation Program⁠ – Set to Launch in 2021

By Bo Harvey on October 1, 2019 Posted in California, Renewable

On September 17, 2019 the San Diego City Council voted 7-2 to implement community choice aggregation (CCA), which included approving a resolution authorizing the city’s entry into a Joint Powers Agreement with the cities of Chula Vista, Encinitas, La Mesa and Imperial Beach, forming one of the largest CCAs in the state of California. Under … Continue Reading