News & Analysis as of

Power Purchase Agreements

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

Global Private Equity Newsletter - Spring 2017 Edition: Purchase Price Adjustment Disputes: Drafters Beware

by Dechert LLP on

It is common practice for purchase agreements in private company M&A transactions to contain one set of rules to determine and resolve disputes regarding a post-closing purchase price adjustment and a separate, often vastly...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Least-cost base case essential starting point for IRP process – SAWEA - The South African Wind Energy Association (SAWEA) has rejected the current base case scenario used for the 2016 Integrated Resource Plan (IRP2016)...more

Sustainable Development Update - March 2017 #4

by Allen Matkins on

Sustainable Development Focus - Trump wants to cut programs that help buildings save energy. This new study says they work. Washington Post - Mar 27 New research suggests that programs for improving energy...more

Infocast’s Solar Power Finance & Investment Summit Soundbites

Below are soundbites from speakers and panelists who spoke at Infocast’s Solar Power Finance & Investment Summit on March 22 and 23 in San Diego. It was Infocast’s best attended event ever, and the mood was relatively...more

Results from California’s First Community Solar RFO

by Stoel Rives LLP on

The first round of procurement under California’s community solar program is nearly complete, and the early results suggest that no power purchase agreements (“PPAs”) will be awarded....more

Chief Justice Confirms Cross-Examination Principles in Alberta

On March 21, 2017, the Court of Queen’s Bench of Alberta ruled against the Alberta government in Alberta (Attorney General) v. ENMAX PPA Management Inc. et al., a controversial legal action brought in 2016 by the provincial...more

Indonesian feed-in tariffs – New rules may under-power the renewables sector

by DLA Piper on

Indonesia's new feed-in tariffs (FITs) for renewable energy present a conundrum. Will renewables flourish or fade in the new revenue environment? Investors will not welcome the lower tariffs under the new regime, but state...more

CAISO Expects It May Need to Curtail Up to 8,000 MW This Spring and Up to 13,000 MW By 2024, Which Could Test Curtailment Risk...

by Latham & Watkins LLP on

At the most recent meeting of the Board of Directors of the California Independent System Operator (CAISO) held on February 16, 2017, the President and Chief Executive Officer of the CAISO reported that because of the...more

Indonesia power sector: New regulation on power purchase agreements

by Allen & Overy LLP on

The Ministry of Energy and Mineral Resources of the Republic of Indonesia (MEMR) recently issued Regulation No. 10 of 2017 on Principles of Power Purchase Agreements (Regulation 10/2017) which sets out a number of principles...more

Infocast Wind Power & Finance Investment Summit Soundbites

Below are soundbites from panelists at the Infocast Wind Power & Finance Investment Summit on February 28, 2017 in Rancho Bernardo, California.  The soundbites are organized by topic, rather than in chronological order, and...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

NERSA caps Eskom tariff hike at 2.2% - The National Energy Regulator of SA (NERSA) said on Thursday Eskom’s tariff increase for 2017-18 would be limited to 2.2% when the new prices come into effect on 1 April....more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa Eskom sticks on price for renewables The standoff between the Department of Energy and power utility Eskom looks set to continue for a while, with both sides digging in on...more

IRS Issues Guidance on Tax Treatment of Energy Savings Performance Contracts

by McDermott Will & Emery on

On January 19, 2017, the Internal Revenue Service (IRS) issued Rev. Proc. 2017-19, 2016-6 I.R.B. (the Rev. Proc.), providing a safe harbor under which it will not challenge the tax treatment of an Energy Savings Performance...more

"Mexican Energy Sector Restructuring: New Opportunities for Renewables"

The ongoing effort to restructure the power sector in Mexico, together with Mexico’s strong policy on combating climate change, have created compelling opportunities for investors in renewable energy projects that likely will...more

Maine DEP Marches Toward Rulemaking on its Wind Energy Standards Rule

by Pierce Atwood LLP on

Expecting to initiate a formal rulemaking in March of this year, the Maine Department of Environmental Protection (DEP) invited final public comment on its pre-rulemaking draft Wind Energy Standards rule at a workshop held on...more

Energy supply agreements in an evolving climate change regulatory regime

by Dentons on

Many energy supply agreements currently in place were drafted at a time when it was uncertain what regulatory measures - if any - provincial or federal governments might take to reduce greenhouse gas (GHG) emissions. It is...more

NYPSC Clarifies Clean Energy Standard (“CES”) and Commences First Compliance Year

by Davis Wright Tremaine LLP on

On August 1, 2016, the New York Public Service Commission (the “NYPSC” or “Commission”) issued an Order Adopting a Clean Energy Standard (CES Order). In the CES Order, the Commission adopted the State Energy Plan (“SEP”) goal...more

Projects and Energy Weekly Snippets

by Hogan Lovells on

Weekly projects and energy updates in South Africa - Brown secures an Eskom cut-off reprieve - Indebted municipalities have been handed a reprieve from scheduled power outages after Public Enterprises Minister...more

French on-shore wind farm market in 2017: New tariffs structure and other important updates

by Allen & Overy LLP on

Speed Read - The French on-shore wind market, one of the most active renewable markets in Europe, will be subject of a new legal framework which aims to allow for a more market driven electricity system in France. Whilst...more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

by Stoel Rives LLP on

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more

DOJ and FTC Advocate Broader Approach to FERC’s Market Power Evaluation under Sections 203 and 205 of the Federal Power Act

On November 28, 2016, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (together, the “Agencies”) submitted comments on the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”)...more

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