[RE-wrenches] Sample Power Purchase Agreements
roger dixon
roger.dixon at att.net
Wed Dec 17 07:30:15 PST 2008
I would take a copy of that as well if you don't mind.
Thanks,
Roger Dixon
Certified Wind Site Assessor
Skylands Renewable Energy, LLC
908.337.2057 cell
908.730.6474 fax
roger.dixon at att.net
From: re-wrenches-bounces at lists.re-wrenches.org
[mailto:re-wrenches-bounces at lists.re-wrenches.org] On Behalf Of Randy
Sent: Tuesday, December 16, 2008 10:23 PM
To: 'RE-wrenches'
Subject: Re: [RE-wrenches] Sample Power Purchase Agreements
Carl,
At Solar Power 2008, Stoel Rives, a law firm had a booth and they were
giving out a free workbook guide on PPA terms and conditions. They also
offered this publication on their website which I downloaded, but I couldn't
find the link just now. So, if you would like the guide let me know offline
and I will send it to you.
Good luck.
Randy
Randy Sadewic
Positive Energy
Office: 505 424-1112
Cell: 505 570-0137
-----Original Message-----
From: re-wrenches-bounces at lists.re-wrenches.org
[mailto:re-wrenches-bounces at lists.re-wrenches.org] On Behalf Of Matt
Lafferty
Sent: Monday, December 15, 2008 9:55 PM
To: 'RE-wrenches'
Subject: Re: [RE-wrenches] Sample Power Purchase Agreements
Hi Carl,
Actual PPA contracts are rather complex instruments. To start with, the PPA
is actually a contract between the PPA Provider/System Owner (think of this
as the "bank") and the Host Customer. These are the parties that will have
the enduring relationship because, under a PPA, the Host Customer pays the
System Owner for the electricity generated for many years. A 3rd party
integrator (I'm guessing that's your role) doesn't generally end up with a
direct contractual relationship with the Host Customer. Basically, you end
up working for the System Owner and maybe getting a "finder's fee". In some
cases, the PPA provider will pay you a finder's fee and have their preferred
installer(s) do it. It's also common for the integrator to never see the
actual PPA contract that gets executed either way.
Each PPA provider has their own requirements and standard contracts. Some
offer "buy-outs" and some don't. Some offer both. Some offer longer terms
than others. Some have severe "early termination" clauses and some don't.
Some "pay for" or "credit back" environmental credits and some just take
them and say that's why their rate is as low as it is if asked. Etc. The
requirements vary by state as well. This is an extremely short list of the
many variables that go into the structure and costs of a PPA. They aren't
exactly generic, if you know what I mean.
I know it sounds like a good idea to show them a sample, and in principle it
is. If you have to do this, I suggest that you find a PPA provider(s) that
you want to do business with and will feel good about leaving the non-profit
in their hands, first. Get a sample from them. It will have their
boilerplate in it, which is what you really want to show the customer.
It gets really sticky later when they call you up during the negotiations
(which you aren't involved in unless you have a consulting arrangement) and
they ask you why the contract they are being asked to sign is so much
different than the sample you originally showed them. I've seen numerous
deals fall apart for reasons just like this. Simple matter of trust. The
Host Customer ends up feeling like they can't trust anybody involved and
ends up not going solar at that time.
An alternative is to contact a public agency in your neck of the woods who
has signed up for one of these and see if you can get a copy of theirs.
Freedom of information and all.... Beware of this route for the reasons
stated above, but at least it's easier to explain because they are a
government agency, yada yada yada.
No matter what sample you show them, make sure you are clear that it's ONLY
A SAMPLE and the final version WILL be different. Depending on what you show
them and who they end up dealing with as a PPA provider, the differences can
be huge.
Best of luck!
$02001,
Matt Lafferty
gilligan06 at gmail.com
> I'm interested in sample PPAs. I'd like to set one of these up for a
local non-profit customer and would appreciate any examples, etc you are
willing to share
With REgards
Carl Adams
NABCEP Certified Installer
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