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John Spilman – rPlus Energies

Leading the charge in renewable energy innovation

Though now well established, the renewable energy sector faces numerous legal challenges that can impede further growth and development. One of the primary hurdles is keeping up with shifting incentives, regulations and tariffs. Governments worldwide continually update their legal frameworks to accommodate and encourage renewable energy adoption; however, this can create a complex and often inconsistent regulatory and tax environment for companies operating across different jurisdictions.

John Spilman – rPlus Energies

John Spilman | rPlus Energies | General Counsel

Luckily for rPlus Energies, a leading renewable energy sector developer focusing on large-scale renewable energy generation and electric storage projects across the U.S., General Counsel John Spilman is on the job.

Drawing on over thirty years of experience in renewable energy and foundational roles with 12 of rPlus Energies’ projects predating the company, Spilman brings a unique blend of institutional knowledge and strategic foresight to his role.

”It took passion and grit to hold onto my career path in the early years of an industry limited to deploying wind power, with no viable solar or storage solutions available.  I’ve more recently allied myself with other industry veterans who keep the vision across our organization, and these additional technologies are now proving their competitiveness in the market,” Spilman tells Vanguard.

Spilman joined rPlus Energies in its startup phase and has been instrumental in building its legal function from the ground up. His ability to navigate complex legal landscapes has been important in shaping rPlus Energies’ growth and solidifying its position as a leader in the renewable energy industry, pioneering the development of new markets and strategies.

RPlus Energies is headquartered in Salt Lake City, Utah, and backed by Sandbrook Capital and Gardner Group. The company specializes in developing a diverse portfolio that includes solar, battery, wind, and pumped storage hydro facilities.

“These projects are brought to market through partnerships with landowners, communities, utilities, and industry-leading providers of technology, services and financing,” Spilman explains.

Guided by Spilman’s legal expertise, rPlus Energies is skillfully navigating the regulatory and market challenges that often accompany renewable energy projects, enabling the company to deliver innovative and sustainable solutions that align with the rapidly evolving energy landscape.

Adapting to evolving energy demand trends

One of the biggest challenges for rPlus Energies and the broader power industry is managing market and interconnection access, along with some lengthy and costly permitting processes. Legal and regulatory frameworks have struggled to adapt to rapid changes in demand for clean, reliable power.

John Spilman – rPlus Energies

“While electricity demand was once slow-growing, recent surges driven by more data centers, blockchain, AI, domestic manufacturing and electric vehicle charging have overwhelmed many utilities, especially those still operating under traditional tariffs and procedures,” Spilman says.

While incumbent utilities strive to add their own clean generation capacity to serve load, in many states, independent power producers like rPlus Energies and major energy users cannot transact directly with each other due to legacy market and tariff structures that restrict retail customer access for non-utility generators. Additionally, grid regulations, including transmission planning, generator interconnection access, how system impacts of storage are studied, and cost allocation for network upgrades, tend to evolve slowly. These market design factors can contribute to delays in bringing new projects online.

Where perseverance, ingenuity and sometimes tariff reform have allowed it to overcome these obstacles, rPlus Energies is working on impactful projects like the Green River Energy Center in Emery County, Utah, recently closing on $1.1 billion in construction financing.  Spanning five square miles and with a capacity of 400 megawatts, this solar project will enhance grid reliability by delivering power to the grid in real time or storing it in batteries for later use.

Another key initiative is the Pleasant Valley Energy Complex in Ada County, Idaho. Developed as three separate projects, the center will significantly bolster the region’s renewable energy infrastructure. The first phase, Pleasant Valley Solar, is under construction and has a capacity of 200 MW. The second phase aims to add 125 MW and secure construction financing by autumn 2024. The final phase, Sage & Sky Solar, will include PV solar arrays and a battery energy storage system, utilizing surplus interconnection service to optimize the interconnection facilities installed in the second phase.

“Contractually and technically linked with the second, the third phase will deliver equal output over the same interconnection facilities, when or to the extent the second phase is not using them. Thanks to the wonder of batteries, these delayed deliveries will double the use of those improvements, increasing the return on investment,” Spilman says.

Growing the legal team 

Under Spilman’s leadership, the legal department at rPlus Energies has grown to include four attorneys, one paralegal, and a part-time law clerk, all based at the company’s Salt Lake City headquarters. The team collaborates with six national or regional law firms for external counsel. It engages local special counsel, various land title and escrow companies, and property, liability and tax insurance providers for risk management and allocation on a project-by-project basis. Despite operating in a competitive market and facing a limited pool of renewable energy legal talent in the Salt Lake Valley, the department has achieved a high retention rate, with only one resignation in five years.

John Spilman – rPlus Energies

Spilman prioritizes hiring professionals who embrace the company’s core values — fearlessness, innovation, problem-solving, positivity, tenacity, openness to learning, and teamwork — over prestigious credentials alone. This approach has fostered a legal team that is highly skilled and deeply invested in the company’s mission and values.

His strategy also includes mentoring and transitioning legal professionals from adjacent industries such as oil and gas, mining, banking, and government. Spilman has built a diverse and capable team by focusing on candidates with strong local connections and transferable skills.

As the business grows rapidly, Spilman faces the challenge of managing prioritization and time allocation, often needing to adjust daily or hourly plans. Despite these demands, the intellectual challenges and opportunities to work on impactful projects with exceptional people keep him motivated.

Spilman says he is dedicated to expanding the legal department’s role as a strategic business partner and envisions creating a comprehensive practice guide for generalists in the renewable energy space. This initiative reflects his commitment to advancing the legal function within rPlus Energies while contributing a valuable resource to the broader renewable energy community.

Discovering a passion for law 

Spilman’s interest in law was sparked during his undergraduate studies at the Haas School of Business at the University of California, Berkeley. A contract law class, followed by auditing a criminal law class at Boalt Law School, identified his aptitude and set him on a legal path. Spilman then pursued a J.D. at the University of Michigan Law School, specializing in corporate, finance, tax, commercial, capital markets and international law, which laid the groundwork for a robust career as a business lawyer.

John Spilman – rPlus Energies

After law school, Spilman began his career at large law firms, gaining critical experience and training. Ten years later, he made the strategic move to an in-house role as general counsel for a small California wind power developer. This position allowed him to apply his business and legal expertise, providing continuous, business-minded legal advice.

Throughout his career, Spilman has emphasized the importance of developing a long-term strategy, gaining diverse experiences, and building a strong personal brand. He advises aspiring professionals to seek meaningful mentorships, remain humble, and appreciate the support of family, colleagues, and clients.

Published on: October 22, 2024

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