Alert

Renewable Energy Projects: Negotiating Power Purchase Agreements

Structuring Terms to Meet State and Federal Renewable Power Standards and Address COVID-19 Related Risks

A live 90-minute premium CLE webinar with interactive Q&A


Thursday, April 30, 2020

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will guide 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). The panel will discuss key provisions of PPAs for buyers and sellers, highlight the differences between corporate and traditional PPAs, discuss pitfalls to avoid, and offer practical methods to allocate risks and benefits in long-term contracts, including risks related to COVID-19.

Description

The PPA is an intricate component of renewable energy projects. Given the current regulatory and legislative environment and heightened construction risks related to potential coronavirus-related delays, the thoughtful negotiation of long-term PPAs is integral to obtaining financing for projects.

A PPA must address the current regulatory environment and contain anticipatory language to capture future regulatory regimes. The agreement must also include fundamental commercial terms as well as meeting renewable portfolio standards (RPS) and renewable energy targets 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, to new energy storage technologies, and to new hybrid projects. It is also important to address the risk of change in law and changes in the market and to understand common PPA structures, such as the physical PPA, virtual PPA, and green tariff PPA.

Listen as our authoritative panel experienced in PPA negotiations discusses the key terms, risk mitigation strategies, adapting the PPA to the type of renewable energy, and strategies for effectively negotiating and structuring the agreement. The panel will review key provisions of PPAs for buyers and sellers, highlight the differences between corporate and traditional PPAs and pitfalls to avoid, and offer practical methods to allocate risks and benefits in long-term contracts, including the impact of recent state-level construction restrictions and other potential COVID-19 related delays.

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Outline

  1. Key provisions of a PPA
  2. Key terms
    1. For buyer
    2. For seller
  3. PPAs for different types of renewables and hybrid projects
  4. Strategies for negotiation

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 and hybrid configurations 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

Of Counsel
Beveridge & Diamond

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

Holmes, William
William H. Holmes

Partner
K&L Gates

Mr. Holmes focuses his practice in the area of energy and infrastructure projects and transactions with an emphasis on...  |  Read More

Lowder, Darin
Darin Lowder

Partner
Foley & Lardner

Mr. Lowder is a partner and member of the firm’s Finance Practice. Although his practice extends to all aspects...  |  Read More

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