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Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
What are the principal power sources in your jurisdiction?
What are the current trends affecting the energy mix in your jurisdiction?
What are the current forecasts for electricity demand in your jurisdiction?
Is there an open electricity market in your jurisdiction? Are any activities in the electricity market reserved for the government only? Are private entities allowed to build and operate power plants and transmission and distribution lines?
What is the role and function of the regulator? Would you describe the regulator as being independent?
Is there an open market for off-takers in your jurisdiction or are there restrictions on the sale of electricity?
If the sale of power is to a public utility as offtaker, are such entity's payment obligations backed-up or guaranteed by the government?
Does the market have an independent system operator? If so, what are the ISO’s tasks and duties?
How are electricity rates set and what cost components affect such rates?
What approvals are required to build and operate a power project? Are these easy to obtain? Please describe the salient features of the relevant licence conditions and the grounds for revocation. What levels of fines can be imposed for failure to comply?
Is the government or the ISO conducting public auctions to award long-term power purchase agreements to public and private offtakers? Are the auctions open to any source of power, or are they focused on specific sources and technologies?
What percentage of the country's power output comes from renewable power sources and does your jurisdiction have any specific targets or milestones for renewable energy projects?
Is there a different regulatory regime for renewable energy projects? Are there any government programmes that foster the development of these projects?
Are there any tax incentives for power projects and, in particular, for renewable power projects?
Are there any investment vehicles or structures that permit the maximisation of investment in a power company, such as tax equity, master limited partnerships, real estate investment trusts (REITs) or yield cos?
Are there any governmental subsidies, benefits (other than tax-related) or incentives for investment in power projects and, in particular, renewable power projects?
Are there any capital controls or other regulations in your jurisdiction that prevent investors from repatriating investments in a power project?
Is there a market for emission reduction certificates or clean energy certificates in your jurisdiction?
Which renewable power sources have been most successful in your jurisdiction and what is the medium to long-term outlook for them?
Are there any non-regulatory factors that affect the development and financing of power projects in your jurisdiction, such as social, environmental, political or security concerns or rights of third parties?
Are subsurface rights separate from land rights? If so, what factors must a project take into consideration in determining whether an owner of subsurface rights could create issues for a project?
How are wheeling tariffs set and are there any differences based on the power source and technology used? Is there a postage-stamp wheeling tariff in your jurisdiction?
Are there any open access rules for transmission? If so, how is access determined? Are there private transmission lines to which open-access rules don't apply?
Are cross-border power exchanges regulated?
Are merchant power projects financeable in your jurisdiction?
What are the biggest obstacles in obtaining debt financing for renewable power projects?
What are currently the most significant obstacles to the growth of the electricity market in your jurisdiction?
What are the biggest growth areas in the electricity market in your jurisdiction?
Please describe any recent trends observed in your jurisdiction affecting the structuring of investments and financings in power projects.
Are debt offerings on the capital markets becoming a more common tool in your jurisdiction to refinance construction financing?
Are power purchase agreements in your jurisdiction denominated in local currency or US dollars?
Are there regulatory limitations on foreign investment in, or control of, electric generation, transmission or distribution assets?
How active in your jurisdiction is the M&A market for power assets?
What are the most common dispute resolution mechanisms under local law-governed power purchase agreements in your jurisdiction?
J. Allen Miller
and Raquel Bierzwinsky
Chadbourne & Parke LLP
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