Financing Municipal Renewable Energy Projects: Negotiating Power Purchase Agreements for Municipalities

Assessing Benefits and Risks of PPAs, Anticipating Regulatory Challenges, Structuring Key Provisions

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, August 17, 2016

Recorded event now available

Program Materials

This CLE webinar will provide guidance for counsel to municipalities on renewable energy projects, the risks and benefits of municipal power purchase agreements (PPAs), and PPA structures. The panel will assist municipal counsel in identifying and understanding critical terms and effectively negotiating and structuring PPAs.

Description

While municipalities traditionally purchase power directly from utilities, in recent years they are buying power under municipal PPAs directly from independent generators. Municipal PPAs are also being used to finance renewable energy projects, particularly solar.

One of the primary advantages for municipalities with signing a PPA is the guaranteed lower electricity price. Municipal solar financing helps organizations that would otherwise not be able to afford large scale energy efficient projects to do so through a PPA.

A PPA must encompass the current regulatory environment and contain anticipatory language to capture future regulatory regimes. Counsel to municipalities developing PPAs must understand the key terms and provisions and variations on the PPA geared to different renewable energy sources as well as responding to changes in the law and market pressures.

Listen as our authoritative panel examines municipal PPA structures and financing renewable energy projects with PPAs. The panel will discuss key terms, adapting the PPA to the type of renewable energy, and strategies for effectively negotiating the agreement.

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Outline

  1. Municipal PPAs
    1. Benefits
    2. Risks
    3. Regulatory challenges with municipal PPAs
  2. Activities preceding a PPA
    1. Energy audi
    2. Design and proper sizing and siting
    3. Construction scheduling and access
  3. Key provisions of a PPA
    1. Term
    2. Rate
    3. Power purchase guarantees
    4. Liquidated damages
    5. Facility ownership
    6. Environmental credits
    7. Tax ownership
    8. Access and maintenance
  4. PPAs for different renewables

Benefits

The panel will review these and other key issues:

  • How can municipal PPAs be leveraged for financing renewable energy projects?
  • What are the critical provisions of PPAs for municipal purchasers?
  • What are the features of different types of renewable energy that must be considered when negotiating the PPA?
  • What approaches can municipal counsel use to allocate risks and benefits in the long-term contract?

Faculty

Paul R. Michaud
Paul R. Michaud

Counsel
Murtha Cullina

Mr. Michaud Chairs the firm’s Renewable Energy Practice Group. He has significant expertise with the...  |  Read More

David A. Soldani
David A. Soldani

Partner
Atkinson Andelson Loya Ruud & Romo

Mr. Soldani advises public agencies, including school districts, in the areas of employment, public works and...  |  Read More