Por: Juanita Hernández Vidal

 

POWER PURCHASE AGREEMENT (PPA) FOR RENEWABLES IN COLOMBIA

 

In Colombia, a Power Purchase Agreement (PPA) is a contract between an electricity generator and a buyer (usually a utility company or large energy user) for the sale of electricity. The terms of the agreement include the price at which the electricity will be sold, the duration of the contract, and the delivery conditions. PPAs are commonly used in the renewable energy sector to provide long-term stability for project financing and to guarantee a market for the electricity produced. Colombia’s electricity market is undergoing a process of reform and liberalization, and PPAs are becoming increasingly important as a means of attracting investment in the sector.

 

A Power Purchase Agreement (PPA) in Colombia for renewable projects typically includes the following characteristics:

 

  1. Legal Framework: A power purchase agreement in Colombia is based on the legal framework established by the Laws 142 and 143 of 1994, the National Energy and Gas Regulation Commission (CREG), among other.

 

  1. Contractual Terms: The power purchase agreement includes detailed terms and conditions that govern the purchase and sale of electricity, including price, payment terms, and delivery dates.

 

  1. Energy Generation: The agreement outlines the responsibilities of the energy generator, including the type of energy that will be generated, the capacity, and the duration of the contract.

 

  1. Payment Structure: The agreement outlines the payment structure, including the agreed price for the electricity, the payment terms, and the mechanism for determining any penalties for non-payment.

 

  1. Long-term contract: PPAs in Colombia usually have a term of 15-20 years, which provides stability and predictability to the project developer and investor.

 

  1. Grid connection: The PPA outlines the terms for the project to connect to the grid and the responsibilities of each party for the grid connection.

 

  1. Environmental Considerations: The power purchase agreement may include provisions for the protection of the environment, including the use of renewable energy sources, carbon offsets, and other measures to reduce the carbon footprint of the energy generation process.

 

  1. Performance guarantees: The PPA includes performance guarantees from the project developer, ensuring that the project will operate as expected and generate the agreed-upon amount of energy.

 

  1. Renewable energy certificates: In some cases, the PPA may include provisions for the sale of Renewable Energy Certificates (RECs) which are tradable certificates that demonstrate that the energy produced by the project is from a renewable source.

 

  1. Legal and regulatory compliance: The PPA outlines the legal and regulatory requirements that the project must meet, such as environmental and land-use permits, as well as any changes in law that may affect the project.

 

  1. Termination Clauses: The power purchase agreement includes provisions for termination in the event of a breach of contract, or if the energy generator is no longer able to meet its obligations under the agreement.

 

We understand the complexities of energy law and the challenges that businesses and individuals face in navigating this area. Our team of expert lawyers has extensive knowledge and experience in advising clients on a range of legal issues, including energy regulation, renewable energy projects, oil and gas exploration and production, power purchase agreements, interconnection, among others.

 

Our goal is to provide you with effective and cost-efficient legal solutions that meet your specific needs. Please let us know if you would be interested in learning more about our services and how we can assist you.

 

 

For more information, please do not hesitate to contact us at contacto@estudiolegalhernandez.com or directly to our ELH team.

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Juanita Hernández Vidal

Managing Partner ELH

juanita@estudiolegalhernandez.com

 

Danna Caicedo Simijaca

Abogada ELH

danna@estudiolegalhernandez.com

 

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