News & Analysis as of

Power Purchase Agreements

Rajen Ranchhoojee on the Potential Renegotiation of Tariffs Under South Africa's REIPPP Program

Rajen Ranchhoojee, Special Legal Counsel in Orrick’s Washington, D.C. office, recently spoke with inspiratia [subscription required] regarding news that the South African government may attempt to renegotiate tariffs for the...more

Illinois Power Agency Estimates More Than $650 Million Available for Renewable Energy Credit Purchases from New Projects Through...

by Bryan Cave on

On September 29, 2017, the Illinois Power Agency (IPA) released for public comment its initial draft Long Term Renewable Resources Procurement Plan (LTRRP) for Renewable Energy Credits (RECs) pursuant to the Illinois Future...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Old-school retailer Lord & Taylor has reached a deal with WeWork to sell its landmark New York flagship store for $850 million. L&T will continue on with a greatly decreased department store footprint in the space, but the...more

Solar Power International 2017 Soundbites

Below are soundbites from panel discussions at Solar Power International in Las Vegas on September 11 and 12. The soundbites are organized by topic, rather than in chronological order, and were prepared without the benefit of...more

Court Upholds Commercial Certainty in Alberta Power Purchase Arrangements

The Alberta Court of Queen’s Bench (Court) has released an important decision regarding the Alberta power industry, which brings certainty to the effective dates of termination of power purchase arrangements (PPAs) in...more

North Carolina’s Court of Appeals Affirms that Power Purchase Agreements are Impermissible in the State

by Holland & Knight LLP on

A recent North Carolina Court of Appeals decision, State of North Carolina ex. rel. Utilities Commission, et. al. v. N.C. Waste Awareness and Reduction Network (NC WARN), affirming an order of the North Carolina Utilities...more

Rooftop Solar Provider Held to be a “Public Utility” in North Carolina

On September 19, 2017, the Court of Appeals of North Carolina (“Court”) held that companies that install solar panels on customer rooftops are “public utilities” under state law, at least when they retain ownership of the...more

Third Mexican Power Purchase Auction Delivers New Options for Buyers

On May 8, 2017, the National Center of Energy Control (Centro Nacional de Control de Energía, or "CENACE") and the Mexican Ministry of Energy (Secretaría de Energía, or "SENER") published the tender documents and requirements...more

Is an Entity Supplying and Operating Solar Panels for an Unrelated Facility a Public Utility? North Carolina Appellate Court...

The Court of Appeals of North Carolina (“Court”) addressed in a September 19th opinion whether an entity supplying and operating a system of solar panels to a North Carolina facility is a “public utility” under North Carolina...more

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

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