Anatomy of a Power Purchase Agreement

“We’re building an industry from ground zero.”

Anatomy of a Power Purchase Agreement

You don't negotiate the terms of a mortgage when you buy a house -- it's a pretty standard document. And you sign with the bank, not the realtor, not the builder and usually not the seller.

But if you want to enter a power purchase agreement (PPA) to finance a solar system on a commercial or residential roof, there is no standard document and there is no standard entry point -- you can get the PPA through a variety of integrators or through a PPA firm.  Doug Payne, the Executive Director of SolarTech, and his organization are driven to improve this situation, as well as to accelerate the entire solar installation process.  He led a panel today at an Agrion event that explored the anatomy of a power purchase agreement.

A standard Doug Payne/SolarTech theme is that is all comes down to dollars per kilowatt-hour. 

Payne said, "From a macro standpoint, 2006 to 2008 was just grab your seat belt and hold on -- it was all early-adopter opportunities.  You have to toss out 2008 because of the credit crisis.  There is no doubt that things have improved in the last six to eight months."

PPAs are relatively new in solar power, but not in the power generation space as a whole.  Typically, the agreements have been drawn up for immense amounts of power and have taken years to negotiate.  Solar PPAs are for smaller amounts of energy and need to close fast. SolarTech is trying to speed that process by offering a standardized PPA document, which is available at their website.
 
A case study covered at this panel is the recently announced, Santa Clara County-led Regional Renewable Power Purchase Initiative, a partnership which includes nine Bay Area cities and will purchase 14.4 megawatts of renewable power.  According to Ben Foster, Vice President of Operations at solar consultancy Optony, this project has moved ahead faster than most government projects.  It's a good example of public sector / private sector cooperation and is a hopeful sign.

Two of the major challenges to adoption of renewable energy include the barrier of high upfront costs.  Power purchase agreements go a long way toward solving this problem, but they have their own set of flaws and advantages.  Today's panel explored the state of PPAs.

Marc Roper, the VP of Sales at PPA firm Tioga Energy, was the panelist most deeply entrenched in the PPA industry.  Tioga works on PPAs for distributed generation in the several hundred kilowatts to multiple megawatts range.  

Roper said, "It's hard to be an innovator as a PPA provider -- we have to minimize technology risk.  We are going to be at the tail end of the adoption curve."  He added that new solar technology like "tracking, exotic materials, new types of electronics [like microinverters] -- we are a  little less likely to adopt those."  Most of those technologies will have to get to market through other means than PPAs. 

It's the independent engineers doing the due diligence for the financiers that determine "bankability," according to Roper.  What this means is that smaller VC-backed companies are going to have a hard time breaking into the PPA product path.

As a recap, Roper said, "The PPA industry was put on ice in 2008 to 2009, but investors have come back to the market" mostly through tax grants from the Obama Administration's American Recovery and Reinvestment Act (ARRA).   "The PPA will continue to dominate medium- and large-scale systems, said Roper, adding: "PPA rate of return is in the 8 percent to 12 percent range" and "we're looking forward to the day when the PPA is a standard form."

"With the recent involvement of utilities, we think the PPA market is going to grow," said Roper, concluding, "We are in very early days in the solar industry and the solar financing industry. A lot of things need to be tried and some need to fail.  We [PPA providers] are the most conservative element of an industry on the leading edge."   

Other solar PPA firms include SunEdison, Recurrent Energy, Solar Power Partners and in residential -- Solar City and SunRun.

Payne added, "There has never been a solar industry in the U.S. There are no wrong answers. We're building it as we go. The key is to get a many things right as fast as we can, or learn quickly and adjust."

 

17 Comments

  • Siva Darbhamulla 05/12/10 5:57 PM

    Hi Eric,
    I would have liked to see some credit given to the County of Santa Clara and Silicon Valley Joint Venture for taking the leadership to take up this monumental endeaver.  Thank you.
    Siva

    Reply
  • Jigar Shah 05/12/10 10:06 PM

    no mention of Sunedison?

    Reply
      • Ken Rosso 05/13/10 3:13 PM

        They’re in there, but as a player rather than pioneer.  Got a little shorted there, I think.

      • Eric Wesoff 05/13/10 9:20 PM

        Jigar, Ken,

        This wasn’t meant to be a history of the PPA,  Perhaps that’s the title of a future article.  But don’t worry - SunEdison’s legacy is intact.  Eric

      • Matt Cheney 06/16/10 12:02 AM

        Since Sunedison was mentioned, what Jigar meant was that MMA Renewable Ventures was not named.  And yes, we all have too much time we should discuss the actual history of the PPA, or when and why a legacy wholesale power instrument was first used in the solar retail power space.

      • Eric Wesoff 06/16/10 9:32 AM

        Jigar, Matt..
        Let’s do the “history of the PPA” story
        .(JavaScript must be enabled to view this email address)
        Eric

  • Kevin Christy 05/13/10 11:42 AM

    SunEdison is in there, Jigar. Maybe you need to get back on the panel circuit. :)

    Reply
  • Solar Fred 05/13/10 3:10 PM

    For years it’s been the wild, wild west of solar PPA’s. I applaud solar tech for attempting to create a benchmark of sorts, but like solar PV, one size/standard may not fit all.

    Also, commercial endeavors have lawyers and MBAs to work out their PPA’s, but consumers do not. Because PPAs can be so complex, I do believe there should be some kind objective government regulation for the residential markets.  Consumers need to be well educated to finance solar, and the fine print of PPAs can be daunting. In addition, few residential customers know about PACE alternatives, let alone the value of RECs today or in the future, tax benefits, possible FiTs, and the fair market value (FMV) of those used panels. Clear education about these factors (not a fine print check box) could help consumers to make an educated financial decision, rather than a short term no-up front money decision.

    Please don’t misunderstand me. I strongly believe residential PPAs and leases are a very important part to wider solar adoption, However, as this article notes for mainly commercial systems, the contracts and the marketing should be as transparent and as easy to understand as possible.

    Reply
  • gotmercury? 05/13/10 4:23 PM

    Does anyone have solid model RFP or RFQ for those in the public sector that need to bid out for installation and PPAs?

    Reply
      • Siva Darbhamulla 05/14/10 9:59 AM

        Please send me your e-mail address, I can share the County of Santa Clara’s RFP and PPA package with you.

  • Liz Merry 05/13/10 6:57 PM

    Download “Customer’s Guide to Solar PPAs” for free at CaliforniaSolarCenter.org (courtesy of Sunedison, Solar Power Partners, and MMA, and Rahus Institute.)
    RETScreen has free PPA templates and you can download actual contracts from California DGS website.
    And, I agree with Solar Fred. It’s ‘customer beware’ in the residential PPA and lease market. Ramp up the consumer education programs!

    Reply
  • SolarTechED001 05/14/10 12:51 AM

    The objective of yesterday’s discussion was to show how a PPA can be leveraged in aggregate through a County Purchase initiative led by Santa Clara County. The many jurisdictions involved, combined with complexities behind pursuing a PPA agreement led into whether or not such a program can be scaled,, assuming the critical technical implementation steps can be managed, tracked, and scaled.

    The evolution of PPAs from the early days of SunEdison’s leading the way to this broad, multi-jurisdictional application are incredible.

    From SolarTech’s perspective, we agree the focus now needs to be on education (both residential & commercial), and ensuring consistency and predictability on both sides of the transactions in each segment. This will lead to increased liquidity, the more fundamental limiting factor to more widespread solar financing. (I’m quoting Jigar here)

    SolarTech’s missions is to deliver best practices, tools/templates, and be the catalyst for increased standardization driven by industry leaders driving the legal community (call to action SunEdison, Tioga, MMA, SPP, and others)

    Reply
      • Eric Wesoff 05/14/10 2:00 AM

        Thank you SolarTech ED!

  • glenn2ns 05/14/10 8:00 AM

    Dumb question: Do residential customers sign PPA documents, and can that be negotiated? Or at the this level of the distributed segment, it is just a standard process?

    I have long wanted to see the forensics of a PPA and did not have enough magic to find one - though I looked (SCE - still waiting for your call backs)?

    As an evolutionary movement in energy we have been focusing on shovels to find gold and that is important, but where to dig seems more to be the PPA question.

    Reply
  • Sunetric Solar 05/16/10 4:36 PM

    Sunetric is also trying to do their part in Hawaii. In a recent real-life example, Sunetric Capital joined with the Lighthouse Outreach Church in a power purchase agreement. A solar array was installed on top of the church at Sunetric’s expense, and the electricity which is now being produced will be sold back to the church at a rate which is (and will continue to be) considerably lower than HECO. Current tax laws make this an even more attractive arrangement, because as a nonprofit, Lighthouse Outreach was unable to take advantage of the current tax incentives for installing renewable energy systems. As a for-profit company, Sunetric Capital can take advantage of those incentives and pass the savings along to the church.  For for information on PPA’s, check out http://www.sunetric.com

    Reply
  • Steve Fortuna 05/21/10 10:11 AM

    Hard to come up with a standard “national” PPA contract when electricity production/distribution is still regulated by individual state agencies and utilities set their own interconnection standards and limits on accepting distributed generation.  Many don’t even have the intelligence in their grids to deal with large peak loads being fed back from their customer base so they reduce baseline   Throw in state RECs, FITs, tax incentives and production credits which are all over the map.  Bottom line: a comprehensive renewable energy strategy is too important to leave to state discretion.  National RPS/Interconect and FIT standards need to be created to develop and drive this huge new market, and a “Big Stick” of carbon tax needs to be imposed to fund it.  Republicans will call this ‘big government’ but the countries who are far surpassing us in renewable adoption and CLEAN JOBS have NATIONAL laws driving the change. The solar and wind industries need lobbyists, as the coal/oil companies have had for decades, to promote the vision of an American energy policy that works wherever you are located.  A national strategy built our road and highway system, and the renewable revolution will have to be as large in scope as the WPA.

    Reply
  • Little Red Riding Hood 05/23/10 1:53 AM

    Need to watch CSI.  Not much anatomy here.

    Reply
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