News & Analysis as of

Power Purchase Agreements

Transaction Structuring Matters: North Carolina Rejects Third-Party Rooftop Solar Power Purchase Agreements

by Stoel Rives LLP on

A North Carolina appeals court has reminded energy developers in the state of the importance of structuring a transaction so as not to trigger the state’s utility franchise laws. For one unfortunate developer, that reminder...more

A Legal and Commercial Checklist for Bankable Solar EPC Contracts: A Developer’s Guide

Large-scale solar development is big business, and solar EPC Contracts are big business by association. In Q2 2017, the U.S. solar market installed 2,387 MWdc, an 8% increase year-over-year, and the largest second quarter...more

DOMINICAN REPUBLIC—Update: Conditions for CDEEE-Related PPAs for Renewables

In our August 1, 2017 Cross Border Transactions Newsletter we informed about the announcement made by the Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE) regarding several new conditions included in the Power...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more

Connecticut Makes Favorable Changes to its Commercial PACE Financing Program

On July 11, 2017, the Connecticut General Assembly enacted H.B. 7208 (“Revised C-PACE Statute”) to make several minor changes to the existing statute governing the State’s commercial property assessed clean energy (or...more

Indonesia power sector: Updated regulation on power purchase agreements

by Allen & Overy LLP on

The Ministry of Energy and Mineral Resources (MEMR) has recently issued Regulation No. 49 of 2017 (Reg.49/2017) amending Regulation No. 10 of 2017 on Principles of Power Purchase Agreements (Reg. 10/2017) in Indonesia. Reg....more

Cross Border Transactions - DOMINICAN REPUBLIC—Potential New Conditions for CDEEE-Related PPAs for Renewables

Last May, the Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE), the governmental entity required by law (Law No. 57-07 of Renewable Energy Incentives and Special Regimes and related Regulations) to enter into...more

Court Rejects Preemption and Dormant Commerce Clause Arguments and Upholds Connecticut’s Renewable Program

by Stoel Rives LLP on

On June 28, 2017, the U.S. Court of Appeals for the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

North Carolina Legislature Approves Major Renewable Energy Reform Bill

by McGuireWoods LLP on

On June 29, the North Carolina House and Senate voted to enact a compromise version of 2017 H589, titled “Competitive Energy Solutions for North Carolina.” This major new energy legislation evolves and, in some respects,...more

Financial Hedges for United States Gas-Fired Power Generation Facilities

Over the past few years, many merchant gas-fired power generation plants operating in the regional transmission organization, PJM Interconnection and in the New York Independent Service Operator (NYISO) areas have been...more

Vietnam's New Solar Power Policy

by Jones Day on

Effective June 1, 2017, Decision No. 11/2017/QD-TTg ("Decision 11"), supports the development of solar power projects to address energy security concerns related to the overreliance on coal fired and hydropower projects....more

Morocco – Gas to Power Project

by White & Case LLP on

In order to meet the growing demand for electricity and address certain issues arising from the significant expansion of renewable energy, the Kingdom of Morocco has decided to diversify its generation mix by increasing the...more

Call for Tenders: Algeria's Renewable Energy Program Seeks 4,050 MW

by Jones Day on

The Algerian Program for the Development of New Renewable Energies ("Program") aims to produce 22,000 MW for the needs of the national market over a period extending from 2015 to 2035-2040. More than 4,000 MW are intended to...more

Energy Update - May 2017

by Shearman & Sterling LLP on

We are pleased to release the latest issue of our client newsletter, Energy Update, designed to inform clients and friends of the firm about important developments affecting US and international energy markets. Please see...more

Indonesia’s MEMR Regulation 12: A Step Forward or a Step Back?

by Shearman & Sterling LLP on

Despite a significant renewable energy potential, Indonesia currently only produces six percent of its electricity from renewable energy.  The Indonesian government is targeting increasing this to 23 percent by 2025.  Many...more

MEMR Regulation 10 of 2017 of Indonesia: Blurring the Lines

by Shearman & Sterling LLP on

Indonesia’s state-owned power company, PT PLN (Persero) (PLN) has a long track record of successfully financed independent power projects (IPPs) and a very well established form of power purchase agreement (PPA). It has to...more

Added Risks of Export Projects

by King & Spalding on

Exporting hydropower production can provide emerging market countries with the opportunity to develop hydropower projects that would otherwise be unavailable due to project bankability concerns or the inability to attract...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

DoE won’t appeal nuclear ruling, but Kubayi leaves door open for new nuclear determination ahead of IRP update - Energy Minister Mmamoloko Kubayi announced on Saturday that government would not appeal the 26 April ruling...more

Guarantee Structure that Launched Argentina’s Successful Renewable Energy Auctions

by King & Spalding on

In October 2015, Argentina issued Law No. 27,191 (“Renewables Law”) to expand Law 26,190, which established a national regime for the production and use of renewable sources of electricity. The Renewables Law extends this...more

Host Country Benefits of Export Projects

by King & Spalding on

Hydropower, as an affordable, reliable and sustainable source of electricity, has played an important role in the growth and industrialisation of many emerging market economies, including Laos, Kenya, Sarawak (Malaysia),...more

Mexico Issues Manual for Bilateral Power Transactions and Recording Coverage Agreements

by Holland & Knight LLP on

Mexico's Energy Reform of 2013 opened activities of the country's Power Market to private investors. Mexico is passing from a state-run power company, the Comisión Federal de Electricidad (CFE), to private investors and...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Moz plant illustrates rapid commissioning potential of gas engines - Electricity generation using gas as a fuel has great potential to meet the growing needs of many African countries, especially with a peaking-plant...more

Generator Receives Another Shot at Obtaining CAISO Congestion Revenue Rights

by Stoel Rives LLP on

On April 4, 2017 (NextEra Desert Center Blythe, LLC v. FERC, Case No. 16-1003 (“NextEra”)), the DC Circuit issued a decision remanding back to the Federal Energy Regulatory Commission (“FERC”) orders denying NextEra Desert...more

California Community Solar Forum Points to Need for Reforms

by Stoel Rives LLP on

The community solar program in California is off to a slow start. The reasons for this slow start were discussed at a solar developer’s forum held by the state’s major utilities and policymakers on April 5, 2017....more

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