Beruflich Dokumente
Kultur Dokumente
21/09/2009 Odujinrin & Adefuluestd. 1972 2
Pre‐EPSRA power provision
p p
21/09/2009 Odujinrin & Adefuluestd. 1972 3
EPSRA reform initiatives
• the Electric Power Sector Reform Act, 2005 introduced extensive reforms
h l f d d f
and created a pathway to the establishment of an electricity market
• Provides for:
– establishment of an initial holding company to hold the assets & liabilities of
NEPA (PHCN)
– unbundling of the entity along functional lines
unbundling of the entity along functional lines
• 6 generation companies
• 11 distribution companies
• 1 transmission company
– the establishment the Nigerian Electricity Regulatory
Commission
– evolution of the electricity market
21/09/2009 Odujinrin & Adefuluestd. 1972 4
EPSRA reform initiatives & PPAs
• the unbundling of PHCN as well as the introduction
of new IPPs requires a new method of securing the
provision of generated power
– At least 24 new generation licenses have been issued
– AGIP & AES are already producing under pre‐EPSR Act PPAs
G & S l d d i d S
• NERC currently considering the introduction of
vesting contracts & model PPAs
i & d l PPA
– Vesting contracts – Successor Gencos, New IPPs & NIPP
– PPAs for existing IPPs (AES, AGIP & Shell)
PPAs for existing IPPs (AES AGIP & Shell)
21/09/2009 Odujinrin & Adefuluestd. 1972 5
Power Offtake Agreements
Power Offtake Agreements
• “a legal contract between an electricity
g
generator and a purchaser of energy or
p gy
capacity (power or ancillary services).”
– Serves
Serves to allocate risks between the parties
to allocate risks between the parties
– defines the rights and obligations between the buyer and
seller
– sets the price for energy
– Defines the output and associated revenue stream of the
Defines the output and associated revenue stream of the
plant
• Provides basis for non‐recourse financing
21/09/2009 Odujinrin & Adefuluestd. 1972 6
Classic IPP Structure
Classic IPP Structure
Shareholders O&M Contractor
Shareholders Agreement O&M Agreement
Government
C
Concession
i A Agreementt
EPC Contractor
Power Off-taker EPC Contract
Power Purchase
Agreement
IPP Project
Company
Fuel Supplier Regulator
Li
Licence
Fuel Supply Agreement
Insurance Co.
Water Supplier Insurance Agreements
Water Supply Agreement Lenders
Loan Agreement
Globeleq 2007
q
21/09/2009 Odujinrin & Adefuluestd. 1972 7
Who pays the generator?
Who pays the generator?
• PPA
PPA – who is the proper offtaker?
who is the proper offtaker?
– Credit worthy
• Financial statements
Fi i l t t t
• Assets
• Where is the cash coming from?
21/09/2009 Odujinrin & Adefuluestd. 1972 8
Proper Offtaker
Proper Offtaker
Bulk Cash
P r h r
Purchaser from
Distribution
consumers
Transmission
Generation
Globeleq 2007
q
21/09/2009 Odujinrin & Adefuluestd. 1972 9
What does the law say?
What does the law say?
• Section 25 of EPSRA provides for the trading
arrangements during the transition or pre‐
privatisation stage
– anticipates the establishment and licensing of a trading
licensee holding a bulk purchase and resale license
• Shall purchase and resell power from IPPs & successor Gencos
21/09/2009 Odujinrin & Adefuluestd. 1972 10
What does the law say? (contd)
What does the law say? (contd)
– Successor Gencos shall sell power to:
• the Trading Licensee;
• successor Discos; and
• Eligible customers
– IPPs shall sell power to:
• The Trading Licensee; and
g ;
• Successor Discos
21/09/2009 Odujinrin & Adefuluestd. 1972 11
EPSRA – Transitional trading arrangements
EPSRA Transitional trading arrangements
TRADING ELIGIBLE
DISTCO DISTCO
LICENSEE CUSTOMER
21/09/2009 Odujinrin & Adefuluestd. 1972 12
Cashflow
Bulk Cash
Subsidies Purchaser from
Distribution
consumers
Transmission
Generation
21/09/2009 Odujinrin & Adefuluestd. 1972 13
Cashflow (contd.)
Cashflow (contd.)
• Subsidy
– Who pays?
p y
• FG, States, FG +States?
– Where is it coming from?
Where is it coming from?
• Budgetary allocation
– What is the mechanism for disbursing?
What is the mechanism for disb rsing?
21/09/2009 Odujinrin & Adefuluestd. 1972 14
Transmission – who pays?
Transmission who pays?
• Transmission provides the hub
• Payments must be made for:
Payments must be made for:
– Connection of generators
• Should generators pay for transmission
Sh ld t f t i i
– Continuous use of system
• Generator, distributor or both
• Balancing risk
21/09/2009 Odujinrin & Adefuluestd. 1972 15
Odujinrin & Adefulu has acquired significant experience in the Nigerian
power industry. We have advised government entities and private sector
entities in a range of areas,
areas which include:
– Advising the Nigerian Government on the drafting of the Electric Power Sector
Reform Act;
– Advising NEPA on Power Purchase Agreements;
– Principal counsel in energy litigation;
– Advising
g a private
p equity
q y firm on acquiring
q g a significant
g interest in a Nigerian
g IPP
project;
– Advising NERC on aspects of the Electric Power Sector Reform Act;
– Advising a major manufacturer on aspects of captive power generation projects
in two locations in South-west Nigeria.