Structuring Virtual Power Purchase Agreements: Transaction Risks, Regulatory Considerations
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will discuss structuring large corporations' virtual or financial power purchase agreements (PPAs). The panel will guide counsel on the different factors when structuring virtual PPA transactions, how they compare to physical PPAs, benefits for purchasers, available risk mitigation strategies, and an overview of the shifting regulatory environment impacting these transactions.
- Understanding virtual PPAs
- Overview of PPAs generally
- Comparison to physical PPAs
- Master or umbrella PPAs with individual confirmations
- Typical transaction cycle
- Regulatory considerations
- Federal Trade Commission
- Securities and Exchange Commission
- Dodd-Frank and Consumer Protection Act/CFTC
- Department of Treasury guidance and impact of recent federal tax law changes (Inflation Reduction Act)
The panel will review these and other relevant issues:
- What regulatory hurdles exist to successfully closing a virtual PPA transaction?
- What are some benefits of a virtual PPA compared to a physical PPA for corporations?
- How will recent legislation affect these agreements?
- How can corporate off-takers best mitigate risk in virtual PPAs?
- How are risks evaluated and mitigated?
Foley & Lardner
Mr. Lowder is a partner and member of the firm’s Finance Practice. Although his practice extends to all aspects... | Read More
Mr. Lowder is a partner and member of the firm’s Finance Practice. Although his practice extends to all aspects of business law, he currently focuses his practice on energy, project finance, project development, and related tax and public financing. He is also a member of the firm's Energy Industry Team. He has experience with numerous project technologies including commercial, utility-scale, and residential-scale solar photovoltaic systems; onshore and offshore wind development; biomass and biofuel projects; and other energy and alternative energy technologies.Close
Frederick M. Lowther
Mr. Lowther devotes his career primarily to the development of large energy and natural resource projects in the U.S.... | Read More
Mr. Lowther devotes his career primarily to the development of large energy and natural resource projects in the U.S. and abroad. He focuses his practice on domestic and international energy, water supply projects and transactions, and general counseling of energy companies in all sectors of the industry. Mr. Lowther’s work on water supply issues involves both structuring projects and litigating over water rights. He also focuses his practice on counseling companies in the energy technology sector.Close