Power Purchase Agreements And Their Role In Energy Development In Africa -By Oyetola Muyiwa Atoyebi & Eferaomon Iseghohine

INTRODUCTION

This article explores the pivotal role of Power Purchase Agreements (PPAs) in shaping the energy landscape of Africa. With the continent facing challenges in energy access, sustainability, and economic development, PPAs have emerged as a key mechanism for attracting private investment, promoting renewable energy deployment, and driving progress toward a sustainable energy future.

This in-depth analysis covers the definition and key elements of PPAs, their different types, structuring and negotiation processes, and financial implications. It also examines the significance of PPAs in Africa, including their role in attracting private investment, advancing renewable energy development, fostering energy market liberalization, and driving socio-economic and environmental sustainability.

WHAT ARE POWER PURCHASE AGREEMENTS?

Power Purchase Agreements (PPAs) are contractual agreements between electricity generators (often independent power producers) and buyers, typically utilities or large industrial consumers, to sell and purchase electricity. PPAs outline the terms and conditions under which electricity will be generated, delivered, and purchased over a specified period.[1]

The Key elements of a Power Purchase Agreement include:

1. Parties Involved: The agreement specifies the identities of the electricity generator (seller) and the buyer. The generator can be a renewable energy developer, an independent power producer, or a utility company.
2. Electricity Generation Details: PPAs outline the capacity and type of electricity generation, such as solar, wind, hydro, geothermal, or conventional power sources. It specifies the expected level of energy production and the generation technology involved.
3. Contract Duration: PPAs typically have long-term durations ranging from 10 to 20 years, ensuring a stable revenue stream for the electricity generator. The duration is crucial for securing financing and recovering project costs.
4. Electricity Pricing: The agreement includes details about the pricing structure for the electricity supplied. It may involve fixed pricing, escalating pricing, or pricing linked to a specific index (such as inflation or fuel costs). The pricing terms ensure financial viability for the generator and provide cost certainty for the buyer.
5. Performance Guarantees: PPAs often include provisions for the performance guarantees of the electricity generator, ensuring the reliable and consistent supply of electricity. These guarantees may cover factors like availability, capacity, and quality of power.
6. Dispatch and Scheduling: The agreement defines the dispatch and scheduling procedures, outlining how the electricity generator will coordinate with the grid operator or distribution company to deliver the power according to demand.
7. Connection and Grid Access: PPAs address the requirements for connecting the power generation facility to the grid and specify the responsibilities of each party in terms of grid access, transmission, and interconnection.
8. Environmental and Regulatory Compliance: PPAs may include clauses related to environmental standards and regulatory compliance. This can encompass adherence to emissions limits, renewable energy certificates, or any other specific requirements imposed by the governing authorities.
9. Force Majeure and Termination: PPAs often have provisions for force majeure events (such as natural disasters or political unrest) that may affect the delivery of electricity. The agreement also outlines conditions and procedures for termination, including penalties or compensation mechanisms.

Several types of Power Purchase Agreements (PPAs) are commonly used in the energy sector[2]. These include:

1. Utility-Scale PPAs: These agreements involve large-scale power projects, typically renewable energy projects, such as solar, wind, hydro, or geothermal. Utility-scale PPAs are signed between independent power producers (IPPs) or project developers and utility companies or electricity distribution companies. The utility purchases the electricity generated by the project at an agreed-upon price over a long-term contract period.
2. Corporate PPAs: Corporate PPAs involve direct agreements between renewable energy project developers and corporate entities. These agreements are becoming increasingly popular as businesses seek to meet their sustainability goals, reduce their carbon footprint, and secure long-term, cost-effective renewable energy supply. Corporate PPAs provide benefits to both parties by offering fixed electricity prices and enhancing the corporate image of the off-taker.
3. Mini-Grid/Off-Grid PPAs: In regions with limited or no access to centralized grid infrastructure, mini-grids, and off-grid PPAs play a crucial role. These agreements involve electricity providers, often using renewable energy sources, and the local communities or consumers. Mini-grid/Off-grid PPAs enable reliable and affordable electricity supply to rural and remote areas, promoting economic development and improving the quality of life for communities.
4. Feed-in Tariff (FiT) and Feed-in Premium (FiP) Contracts: While not strictly termed as PPAs, FiTs and FiPs are contractual mechanisms used to incentivize renewable energy generation. Under a FiT, renewable energy generators are guaranteed a fixed tariff for the electricity they produce and feed into the grid. FiP contracts are similar but offer a premium on top of the prevailing market price. These mechanisms are often implemented through long-term agreements between the electricity regulator or government entity and renewable energy project developers.
5. Synthetic PPAs: Synthetic PPAs, also known as Virtual PPAs or Contract for Differences (CfDs), are financial agreements rather than physical electricity supply contracts. Synthetic PPAs involve a financial settlement based on the difference between the contracted price and the market price of electricity. These agreements allow buyers to support renewable energy projects indirectly, even if the physical delivery of electricity is not possible.

PPAs play a significant role in energy development in Africa, particularly concerning their structuring, negotiation, and financial implications. These aspects are crucial for ensuring the successful implementation of PPAs and attracting investment in the energy sector.

They provide a structured framework for defining the terms and conditions of electricity purchase and sale. They outline the capacity, technology, and duration of the project, ensuring clarity and alignment between the generator and the off-taker. It helps determine the pricing mechanisms, such as fixed tariffs, escalating tariffs, or indexed pricing, which provide revenue certainty for project developers and enable financial planning.

The Agreement also addresses other key elements, including dispatch and scheduling procedures, performance guarantees, grid connection requirements, and compliance with environmental and regulatory standards. Clear and well-structured PPAs facilitate the smooth functioning and operation of energy projects.

In the area of negotiations, it focuses on reaching mutually beneficial terms that balance the interests of both parties. The process involves discussions on electricity pricing, contract duration, payment terms, performance guarantees, risk allocation, and dispute resolution mechanisms. Parties must address issues related to off-taker creditworthiness, contract flexibility, and regulatory compliance.

In Africa, the Agreement has significant financial implications. For project developers, PPAs provide long-term revenue certainty, enabling them to secure project financing. The stability and predictability of revenue streams make renewable energy projects more attractive to investors, who require assured returns on their investments. For a broader economy, PPAs contribute to job creation, economic growth, and capacity building in the energy sector. They stimulate investments in local infrastructure, supply chains, and human capital, fostering economic development and sustainable energy transitions.[3]

POWER PURCHASE AGREEMENTS ROLE IN THE DEVELOPMENT OF AFRICA

The continent faces various challenges in energy access, sustainability, and economic development, and PPAs have emerged as a key mechanism for addressing these issues. The following are the key roles of PPAs in energy development in Africa:

1. Attracting Private Investment: PPAs are instrumental in mobilizing private investment in the energy sector. They provide long-term revenue certainty and reduce financial risks for project developers, making renewable energy projects more attractive to investors. By offering stable returns on investment, PPAs encourage private companies to finance, develop, and operate energy projects, thus bridging the funding gap for infrastructure development.
2. Advancing Renewable Energy Development: PPAs are instrumental in promoting the deployment of renewable energy technologies in Africa. With abundant solar, wind, hydro, and geothermal resources, the continent has immense potential for clean energy generation. PPAs provide a contractual framework for renewable energy project developers to sell their electricity to off-takers, such as utilities or corporate buyers, ensuring a market for renewable power and facilitating the growth of renewable energy projects.
3. Fostering Energy Market Liberalization: PPAs contribute to energy market liberalization by promoting competition and opening up opportunities for independent power producers (IPPs). In many African countries, the energy sector was traditionally dominated by state-owned utilities. PPAs enable IPPs to participate in the market, fostering competition, diversifying the energy mix, and encouraging innovation. By creating a level playing field for various players, PPAs stimulate the development of a more dynamic and competitive energy sector.
4. Driving Socio-Economic Impact: PPAs have a significant socio-economic impact in Africa. The development of renewable energy projects through PPAs creates employment opportunities, both during the construction phase and in long-term operations and maintenance. Local communities benefit from job creation, skill development, and capacity building. Additionally, PPAs can facilitate community-led projects, where local communities have an ownership stake in renewable energy installations, leading to shared benefits and increased social and economic resilience.
5. Promoting Environmental Sustainability: PPAs play a critical role in mitigating carbon emissions and addressing climate change. By promoting renewable energy deployment, PPAs facilitate the transition from fossil fuel-based power generation to cleaner and sustainable sources. This contributes to reducing greenhouse gas emissions, improving air quality, and protecting the environment. PPAs also support the achievement of national and international climate targets, such as those outlined in the Paris Agreement.

CONCLUSION

Despite their significant role, the implementation of PPAs in Africa faces challenges. These challenges include regulatory and policy frameworks, off-taker risks and creditworthiness, grid integration and infrastructure limitations, and the need for capacity building and knowledge transfer. Addressing these challenges requires supportive policies, transparent regulations, risk mitigation mechanisms, and investment in infrastructure and human capital.

In conclusion, PPAs are instrumental in attracting private investment, promoting renewable energy, fostering energy market liberalization, and driving socio-economic and environmental sustainability in Africa. By providing a framework for long-term contracts and revenue certainty, PPAs play a crucial role in catalyzing energy development and supporting the continent’s transition towards a sustainable energy future.[4]

SNIPPET: Power Purchase Agreements (PPAs) are contractual agreements between electricity generators (often independent power producers) and buyers, typically utilities or large industrial consumers, to sell and purchase electricity.

KEYWORDS:

Power, Purchase, Agreement, Energy Law, Electricity, Sustainable Energy.

AUTHOR: Oyetola Muyiwa Atoyebi, SAN

Mr. Oyetola Muyiwa Atoyebi, SAN is the Managing Partner of O. M. Atoyebi, S.A.N & Partners (OMAPLEX Law Firm).

Mr. Atoyebi has expertise in and a broad knowledge of Energy Law Practice and this has seen him advise and represent his vast clientele in a myriad of high-level transactions.  He holds the honour of being the youngest lawyer in Nigeria’s history to be conferred with the rank of Senior Advocate of Nigeria.

He can be reached viaatoyebi@omaplex.com.ng

CONTRIBUTOR: EFERAOMON ISEGHOHINE

Eferaomon is a member of the Corporate Practice Team at OMAPLEX Law Firm. She also holds a commendable legal expertise in Energy Law Practice.

She can be reached viaeferaomon.iseghohine@omaplex.com.ng

[1]‘Power Purchase Agreements (PPAs) and Energy Purchase Agreements (EPAs)’ <https://ppp.worldbank.org/public-private-partnership/sector/energy/energy-power-agreements/power-purchase-agreements>

[2]‘Power Purchase Agreements (PPAs) and Energy Purchase Agreements (EPAs)’ < https://ppp.worldbank.org/public-private-partnership/sector/energy/energy-power-agreements/power-purchase-agreements>

[3] Body of Knowledge on Infrastructure Regulation  <https://regulationbodyofknowledge.org/faq/renewable-energy-and-energy-efficiency/if-the-government-decides-to-use-power-purchase-agreements-as-a-tool-to-obtain-renewable-energy-what-are-the-features-of-ppas-that-must-be-monitored-by-regulators-and-the-steps-that-should-be-taken/>

[4]Green Mini-Grids in Sub-Saharan Africa <https://greenminigrid.afdb.org/sites/default/files/Media/GMG%20MDP%20%20Document%20Series%20N1.compressed.pdf>