Power Purchase Agreements

New CREBs Aid Kansas G&T’s Prairie Sky Solar Farm

by David R. Cook Jr.
February 28, 2017

This article is reprinted from CFC Solutions News Bulletin (23 January 2017). The 19 member distribution cooperatives of Kansas Electric Power Cooperative (KEPCo), a generation… Read More »New CREBs Aid Kansas G&T’s Prairie Sky Solar Farm

Guest Post: Electric Cooperative Partners with Lumber Company for Biomass Plant

by David R. Cook Jr.
November 9, 2013

Electric Cooperative Partners with Lumber Company for Biomass Plant This blog post was provided by Flathead Electric Co-op. Implementation of a Power Purchase Agreement (PPA)… Read More »Guest Post: Electric Cooperative Partners with Lumber Company for Biomass Plant

Cooperative’s PPA Lawsuit Against G&T Remanded

by David R. Cook Jr.
July 6, 2013

A federal appellate court recently addressed a distribution cooperative’s lawsuit against a G&T cooperative with which it had a power purchase agreement. Though the lawsuit alleged the G&T cooperative breached the PPA, the latest ruling focused on whether federal courts have jurisdiction to hear the claim. Ultimately, the courts concluded that the claim belonged in state court, as it did not involve a question of federal law. Read More »Cooperative’s PPA Lawsuit Against G&T Remanded

IRS Revokes Potentially Beneficial Ruling for Renewable Energy Developers

by David R. Cook Jr.
December 30, 2012

A prior blog post discussed a private ruling by the service regarding the allocation of purchase price among the assets of a renewable energy developer. Attorney David R. Cook discussed the ruling in a webinar on PPA taxation and recommended the participants to read the ruling with a dose of skepticism. As it turns out, on reconsideration, the Service has revoked the prior ruling because it “is not in accord with the current views of the Service.” Read More »IRS Revokes Potentially Beneficial Ruling for Renewable Energy Developers

Electric Coop vs. Power Supplier: Feuding PPA Parties Illustrate “Real Life” Disputes Involving Common PPA Provisions

by David R. Cook Jr.
September 28, 2012

A 2008 case and its follow-up in 2011 addressed several issues arising from common provisions in power purchase agreements. These issues involve spinning reserve requirements, dispatch rights, and the applicable heat rate formula. The underlying dispute emphasizes the need to clearly address the parties’ bargain in the power purchase agreement (PPA), preferably with the input of the parties’ legal counsel.Read More »Electric Coop vs. Power Supplier: Feuding PPA Parties Illustrate “Real Life” Disputes Involving Common PPA Provisions

AHC Attorney David Cook Presents Webinar on Power Purchase Agreements

by David R. Cook Jr.
July 30, 2012

AHC attorney David R. Cook will present a webinar regarding the legal and tax aspects of power purchase agreements (PPAs). Along with two other power industry professionals, he will address accounting and tax issues involved with PPAs. In addition, David will discuss important provisions in PPAs for allocating the risks and benefits arising from PPAs.Read More »AHC Attorney David Cook Presents Webinar on Power Purchase Agreements

IRS Ruling Discusses Important Attributes of Power Purchase Agreements

by David R. Cook Jr.
May 7, 2012

In the context of renewable energy project development, power purchase agreements (“PPAs”) are the cornerstone upon which the project is built and operated. PPAs are contracts through which the developer or ultimate owner of a project sells power generated by the project to another party. PPAs typically represent the primary, and sometimes sole, revenue source for the project. Accordingly, PPAs should be drafted in a manner that recognizes their critical importance to both the project developer or owner and power purchaser.Read More »IRS Ruling Discusses Important Attributes of Power Purchase Agreements