Refining the Annotation of Africa Power Purchase Agreements: A Regional Stakeholders Workshop

June 24, 2014 - June 26, 2014
Participants discuss the annotated power purchase agreement.
Participants discuss the annotated power purchase agreement.

Following the March 2014 workshop that brought together leading power project and energy experts from firms in Africa, Europe and the US, as well as the African Legal Support Facility (ALSF) and the Overseas Private Investment Corporation (OPIC), to review and annotate the most heavily negotiated and disputed provisions within power project contracts, the identified core set of Power Purchase Agreement (PPA) provisions were annotated with a list of choices and consequences for risk allocation and bankability of the PPA. To gain much needed government stakeholder perspectives and to seek buy-in for the annotated PPA, CLDP working in concert with the Nigerian Bulk Electricity Trading Plc (NBET), held a regional workshop Abuja, Nigeria June 24-26, 2014 for utilities, transmitters, distributors and regulators.

The workshop was opened on June 24th by the representative of the Nigerian Minister of Power, but the import of the workshop was illustrated by a panel of CEOs from NBET, the Nigerian Electricity Regulatory Commission (NERC), and the Africa Finance Corporation - the primary offtaker, the regulator, and the development lender respectively.  Provisions dealing with offtaker obligations, power payments, force majeure, sovereign guarantees, and dispute resolution, among others were ably presented by expert lawyers from OPIC, international and Nigerian firms.  The workshop saw spirited discussion among over 70 participants from Nigeria and Ghana comprised of both government officials and private sector stakeholders.

The workshop created a buzz of interest among the government stakeholders and private sector, resulting in an increase in the number of participants in each successive day.  Additionally, some Independent Power Producers (IPPs) who were not included due to their ongoing negotiations with NBET, expressed a strong desire to replicate the program with a focus on their staff, in-house counsel and lenders.  Finally, the issues raised and the perspectives gleaned from the workshop will be the basis for requests for reform of the power market, as well as being incorporated into the annotations that will make up the PPA Annotation tool.

The workshop saw spirited discussion among over 70 participants from Nigeria and Ghana comprised of both government officials and private sector stakeholders
The over 70 participants from Nigeria and Ghana were comprised of both government officials and private sector stakeholders.

Upcoming Programs

December 16, 2019 - December 17, 2019

On December 16-17, CLDP will held a two-day workshop on power project procurement. The workshop sought to improve the planning of bids from prep to closing through a discussion on international best practice relating to the request for proposals (RfPs), standardization of documents, designing a competitive bid round, evaluations and identifying gaps in the current legal framework. 

December 19, 2019 - December 20, 2019

On December 19-20, CLDP, in collaboration with Ethiopia’s Ministry of Finance and the Public-Private Partnership (PPP) Directorate, will hold a two-day workshop on PPP fundamentals. The workshop will highlight PPP process, structure economics, project financing, and revenue flow.

CLDP in Action

October 23, 2019 - October 24, 2019

On October 23-24 in Tunis, Tunisia, CLDP held a workshop to identify potential changes to Tunisian law that would encourage increased cross-border eCommerce transactions for both exports and imports. Over 40 representatives from several government ministries, the private sector, and the NGO community discussed potential amendments to Tunisia’s eCommerce law, customs procedures, central bank currency and payment rules, and other matters.  The participants offered sets of informal recommendations for further action.

ECommerce in Tunisia has not reached its full potential, although there are black market eCommerce websites. Legal changes could help Tunisian SMEs and individuals reach new markets, while also providing opportunities for US sellers.

Read More about Tunisia: CLDP Holds Cross-Border eCommerce Workshop