Power Contracts & Negotiation

Power Contracts & Negotiation

WHEN

21 – 23 September 2020

WHERE

Johannesburg

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Overview

Every power project is embedded in a cobweb of contractual agreements with the many stakeholders related to it. It is essential for the successful development, finance, construction and operation of a power project to clearly view the interrelationships between all those agreements and how they influence each other. Just like tearing one string of a cobweb on one side will have an impact on all the other strings attached to the core of it, to reach a holistic negotiation of those agreements, it is crucial to have a clear overview and understanding of the various risks involved in the power project and how to allocate it. Much will depend on the profile of the stakeholders involved and even more so on the country and market context the project is located.

This hands-on 3-day course on Power Contracts and Negotiation will navigate through the entire panorama of the different agreements using real world contract examples. You will be pushed to analyse the legal documents and reveal the interrelations they impose to the risk assessment of the project. The course will be enriched with pragmatic tools and case studies to discuss the importance of the various aspects of the negotiation process and showcasing that there is no one-size fits all approach to it. You will leave with the skills to identify red flags in your own business situation and enabled to find the optimal solution to it.

Benefits of Attending

  • Navigate through the entire panorama of the different agreements, including Implementation Agreement, Shareholder Agreement, Loan Term Sheet Agreement, PPA, EPC, Fuel Supply Agreement, O&M Agreement etc.
  • Understand the role of contracts in power projects
  • Get to grips with many interfaces between the core project contracts
  • Analyse real world sample contracts for power projects
  • Master risk identification and allocation process
  • Find out about key issues to be negotiated in particular power contracts
  • Understand the market and country risk for your projects

Course Agenda

DAY 1

  • Context of the Power Project within the Electricity Market
  • Group Discussion: Philippine Power Sector Reform
  • Group Exercise: Revision of due diligence checklist on country level
  • Implementation Agreement & Government Support
  • Group Exercise: Revision of a public tender process and key elements of the implementation agreement
  • Shareholder Agreement
  • Group Work: Revision of and understanding of the key areas to agree upon
  • Loan Term Sheet Agreement
  • Case Study: Introduction into a facility agreement and lenders requirements to all other agreements
  • Group Exercise: Development of a stakeholder matrix of a power project

DAY 2

  • Power Purchase Agreement
  • Case Study: Understanding the structure of a real PPA and their key elements
  • Engineering, Construction and Procurement Contract
  • Group Work: Revision of key provision of an FIDIC EPC turn-key contract
  • Case Study: Causes for delays and cost overruns in power projects
  • Fuel Supply Agreement
  • Case Study: Periodic LNG delivery and minimum dispatch requirements for a power plant
  • Operation & Maintenance Agreement
  • Group Exercise: Due diligence check list in reviewing an O&M contract

DAY 3

  • Risk Identification & Allocation
  • Group Work: Creating your own risk assessment matrix
  • Cross-Contractual Legal Provisions and Triggers
  • Group Work: Comparison of the various project contracts and back-to-back issues
  • Importance of Negotiation Law and Documentation
  • Negotiation Role Play

Training Methodology

  • Highly interactive group discussions
  • Pre-course reading
  • Real world sample contracts for revision
  • Due diligence checklist database
  • Regional case studies

Pre-Course Questionnaire

We would like to customise the workshop based on your specific needs. Pre-Course Questionnaire will be sent prior to the workshop for analyse in advance and to be addressed during the course.

Course Certificate

Upon the successful completion of this course, you will receive a Certificate of Completion bearing the signatures from both the Course Director and the Course Organiser. This Certificate will testify your endeavour and serve towards your professional advancement.

What People Are Saying

❛❛ I highly recommend the course. This was one of the best training courses I’ve
ever had. The knowledge I got at the course were all very practical. ❜❜
Mitsubishi Electric
❛❛ Despite coming from the Energy Industry myself, I found the class extremely informative. It was a real masterclass and worth the fee. Trainer combines theory with real life examples and practical exercises. He covers strategic, commercial, technical and legal aspects. This brings the subject to life. The course material is very well developed and, thanks to his deep knowledge of the subject, he can digress and zoom in and out of topics to suit his audience. It’s been a very useful and very enjoyable 3 days, which flew by! ❜❜
Energy Manager at Tesco PLC
❛❛ I really enjoyed his seminars and found them to be extremely useful in my career development. ❜❜
International Finance Corporation
❛❛ Methodology-wise and content-wise the training was highly professional and trainer more than fulfilled our expectations. He professionally linked theoretic aspects of the topic with industry experience and helped to provide understanding of complex topics in a limited time. ❜❜
eab New Energy
❛❛ Over 15 years of experience in the Industry I am pretty sure that Infocus provided one of the best trainings I ever had. It was a really productive week which really shown the trainer’s background and knowledge and how useful contents are in the daily basis. ❜❜
Renova Energia
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Who Will Attend

  • National utilities and grid operators
  • Development finance institutions and commercial banks
  • Lawyers, contract managers, business developers
  • Project developers and equity investors
  • IPPs, oil and gas companies
  • EPC contractors and O&M service providers

Endorsers & Media Partners

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