United States
What are some of the technical, political, financial or regulatory challenges to corporations adopting green energy in the short/medium term in your country and how have these challenges been overcome (or how can they be overcome)?
Market Price Risk
Corporate buyers entering into a Virtual PPA face the risk that wholesale market prices for energy will decline below the contract price or strike price such that significant amounts will be payable by the corporate buyer to the generator. Virtual PPAs may include terms which require the generator to share in potential revenues or limit potential market price risk with a floor or a collar.
Counterparty Credit Risk
Many generators are today offering Virtual PPAs as to a portion of a renewable generation project such that the project will by necessity have other customers. The impact of a breach by such other customer could put the economic viability of the project in question or prompt action by the financing parties. Thus, in addition to the credit risk of the generator, each customer bears some credit risk as to the other customers of the project.
Changing Regulation
The regulation of the energy industry in the US continues to change based on high-level policy considerations such as the appropriate level of regulation or the integration of new technologies. Frequent changes can have a negative impact on development. For example, there are certain federal incentives that benefit owners of renewable generation assets (known as Production Tax Credits or PTCs and the Investment Tax Credits or ITCs). Monetizing these existing incentives represents significant economic value which has spurred development over time. However, they are typically extended or reauthorized for a limited term of a few years such that generators are often racing the existing sunset date and development decreases as they approach.
Accounting Treatment
Virtual PPAs may result in mark-to-market or derivative accounting treatment on the books of the relevant corporate buyer.
Technology Risk
By electing to purchase power from a specific generation facility under a Virtual PPA or a traditional PPA, the reliability of supply to that corporate buyer then becomes subject to the performance of the particular technology and equipment selected and maintained by the generator.
United States
Are there any anticipated regulatory changes which will alter the regulatory landscape for corporate green energy and corporate PPAs?
With the election of a new President in the US in 2020, there is an expectation that legislation in support of the development of renewable generation projects and related technologies like energy storage may be forthcoming. This could be in the form of extended or expanded federal tax credits or policy or new legislation, directives to federal agencies or executive orders. This is in addition to the requirements and regulation of the energy industry that applies at the state level based on the location of the project.
United States
What is the corporate appetite for green energy, including any political or financial incentives available to corporates to adopt green energy?
The voluntary undertaking by private companies to purchase a certain minimum amount of renewable power to satisfy its energy requirements has become widespread. Public pressure continues to mount on commercial and industrial companies to develop a strategy to limit their contribution to carbon emissions via energy usage and industrial processes.
What are the key local advantages of the corporate PPA model which can benefit our clients?
The purchase of RECs bundled with renewable energy in whatever form allows corporate buyers to “claim” the use of renewable or green energy. Once claimed, the RECs are then considered “retired.” On-site generation can shield corporate buyers from reliability issues on the bulk system.
What subsidies are applicable to the generation and sale of renewable energy?
See discussion above regarding federal tax credits. In addition, some states also have tax credits or other incentives available to support the generation or consumption of renewable power or the development and use of related technologies like energy storage.
Does your country implement a national support scheme with tradable green certificates (such as guarantees of origins)?
Throughout the US, there are many regional electronic REC tracking systems to facilitate the creation, management, and retirement of RECs. Users establish virtual accounts to allow the receipt and transfer of RECs. The Center for Resource Solutions offers “Green-e” products which are subject to third-party verification and detailed standards as to additionality and other environmental considerations.
United States
To the extent corporate PPAs are deployed, how are prices, terms and risks affected?
Topic | Details |
Do prices tend to be floating or fixed? | Fixed prices for traditional PPAs and a contract for differences or a fixed-for-floating swap for Virtual PPAs. |
What term is typically agreed for the PPAs? | 7 to 10 years. |
Are the PPAs take-or-pay or limited volume? | Limited volume. |
Are there any other typical risks? | Corporate buyers typically enjoy some protections against delays in construction in the form of liquidated damages and construction deadlines subject to extension for force majeure. |
To the extent corporate PPAs are deployed, in whose favour will the risks typically be balanced?
Type of risk | Details |
Volume risk | The offtaker typically receives some compensation for a consistent and material shortfall in performance. |
Change in law | Agreements vary. The generator sometimes gets some risk-sharing or other protection for changes in law. |
Increase / reduction of benefits | Neither party. Incentives or benefits such as tax credits or RECs are typically allocated to a specific party and any changes impact only the designated party. |
Market liberalisation (if applicable) | Not applicable. |
Credit risk | Each party bears credit risk as to the other party. For this reason, credit support or creditworthiness requirements typically apply. |
Imbalance power risk | Varies by transaction type and delivery point. |
Production profile risk | Buyer. |
United States
Does your country operate a balancing responsibility scheme?
Not applicable.
If your country operates a balancing responsibility scheme, who is the balancing authority and do the generator and offtaker typically undertake balancing themselves?
Not applicable.
United States
What significant transactions/deals have taken place in the last 12-18 months?
No information at present.