Power Purchase Agreements

News & Analysis as of

Results from California’s First Community Solar RFO

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

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...

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

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

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

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

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

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

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

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

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

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

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

Act Now To Preserve Your Section 1603 Grant

In Depth - We recently reported that on October 31, 2016, the US Court of Federal Claims issued its opinion in Alta Wind I Owner v. United States, in which the court determined that the value of the property eligible for...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation; Smaller Award to Biomass Facility

The US Court of Federal Claims awarded damages of more than $206 million to Plaintiffs/applicants in a case with respect to the cash grant under Section 1603 of the American Recovery and Reinvestment Act of 2009 (Public Law...more

SEC releases RfP for 2 solar projects – first of many opportunities for IPP and IWP developers

Against a backdrop of persistently soft oil prices, the Kingdom of Saudi Arabia is pivoting away from the direct procurement of generation capacity and re-invigorating the privately-financed IPP model. As input costs fall and...more

Court Awards $206 Million to Alta Wind Projects in Section 1603 Grant Litigation

The US Court of Federal Claims awarded damages of more than $206 million to the Plaintiffs in a case with respect to the cash grant program under Section 1603 of the American Recovery and Reinvestment Act of 2009 (the Section...more

Australia: a rapidly changing power market

Australia is a fascinating case study in the global energy sector. Factors including Federal and State government incentives have driven rapid uptake of renewable generation and other emerging technologies, making Australia...more

Renewable Energy Update - September 2016 #5

Renewable Energy Focus - California ramps up energy storage plans with enactment of four new bills - Renewable Energy World - Sep 28 - California Governor Jerry Brown on September 27 signed four new bills...more

Sustainable Development Update - September 2016 #3

Sustainable Development Focus - California school district to save millions - Solar Industry Magazine - Sep 29 - The Colton Joint Unified School District (CJUSD) in California and SunPower Corp. have announced...more

FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more

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