News & Analysis as of

Power Purchase Agreements Contract Terms

Eversheds Sutherland (US) LLP

Eighth Circuit recognizes plain language of wholesale power contracts among electric cooperatives does not permit early...

The US Court of Appeals for the Eighth Circuit has recently confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives....more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Defining Change of Control Provisions Favorably

A change of control provision gives a party certain rights under a contract, such as the right to receive payment, require consent, or terminate the contract, in the event of a specified trigger. Triggers can relate to a...more

Eversheds Sutherland (US) LLP

Courts uphold wholesale power contracts among electric cooperatives 

Courts in South Carolina and South Dakota have recently recognized the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives. ...more

Holland & Knight LLP

Force Majeure: COVID-19 Pandemic Issues That Could Impact Electricity Contracts

Holland & Knight LLP on

As the current health crisis from COVID-19 grows, electricity market participants may benefit from developing strategies to assess their risks and protect from potential disputes. All parties may benefit from a deal that...more

BCLP

Vietnam Wind 2019: Redux

BCLP on

A month after our last article - Vietnam Wind - A look ahead to 2019 - was published, Circular 02/2019/TT-BCT (Circular 02) came into effect. Attached to Circular 02 is a new PPA (2019 PPA) for wind farm projects to be used...more

BCLP

Vietnam Wind

BCLP on

While there are concerns over the support structure and PPA, market interest has been strong and (onshore) wind projects are getting built. Although projects may not be moving forward on a traditional international project...more

Akin Gump Strauss Hauer & Feld LLP

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

Dechert LLP

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

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

Stoel Rives LLP

Utah PSC Compromises, Reduces Maximum PPA Contract Terms under PURPA to 15 Years

Stoel Rives LLP on

The Utah Public Service Commission (PSC) issued its decision today on PacifiCorp’s request to shorten the maximum term of power purchase agreements (PPAs) with qualifying facilities (QFs) from 20 years to three years. The...more

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