Renewable Energy Projects: Negotiating Power Purchase Agreements

Structuring Terms To Meet State and Federal Renewable Power Standards

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


Conducted on Thursday, February 8, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide guidance for counsel to companies involved in renewable energy projects to identify and understand the critical terms and to effectively negotiate and structure power purchase agreements (PPAs).

Description

The PPA is a complex component of renewable energy projects. Given the current regulatory and legislative environment, the thoughtful negotiation of long-term PPAs is integral to obtaining financing for projects.

A PPA must encompass the current regulatory environment and contain anticipatory language to capture future regulatory regimes. The agreement must also include provisions to lock in price and quantity and meet renewable portfolio standards (RPS) now in effect in most states.

Counsel to companies developing or negotiating 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 of attorneys experienced in PPA negotiations discusses the key terms, adapting the PPA to the type of renewable energy, and strategies for effectively negotiating the agreement.

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Outline

  1. Key provisions of a PPA
    1. Green attributes (RECs & ZECs)
    2. Compliance with RPS
    3. Term
    4. Power production
    5. Facility ownership
    6. Environmental credits
    7. Tax ownership
    8. Transmission & interconnection
    9. Ancillary services
    10. Corporate provisions (e.g., contract for differences)
  2. Key terms
    1. For buyer
    2. For seller
  3. PPAs for different renewables
  4. Strategies for negotiation
  5. PURPA

Benefits

The panel will review these and other key issues:

  • What are the critical provisions of PPAs for buyers—and for sellers?
  • What are the features of different types of renewable energy that must be considered when negotiating the PPA?
  • How do “corporate” PPAs (including contracts for differences) differ from traditional PPAs?
  • What approaches can parties and counsel use to allocate risks and benefits in the long-term contract?

Faculty

Christensen, Eric
Eric L. Christensen

Atty
Cairncross & Hempelmann

Mr. Christensen is one of the Pacific Northwest’s leading energy and natural resources attorneys. His practice...  |  Read More

Gianvecchio, Natasha
Natasha Gianvecchio

Partner
Latham & Watkins

Ms. Gianvecchio’s practice concentrates primarily on the regulatory and energy market developments that impact a...  |  Read More

Lowder, Darin
Darin Lowder

Partner
Ballard Spahr

Mr. Lowder focuses on energy, project finance, and related tax and public financing tools. He has worked with...  |  Read More

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