"Understanding Today’s PURPA Before Negotiating a Power Purchase Agreement"

After many years of waning significance, the Public Utility Regulatory Policies Act of 1978 (“PURPA”) has reignited as a useful tool for renewable energy and cogeneration project developers.  This article identifies and briefly analyzes some of the key issues under PURPA that developers, lenders, and investors should keep in mind before pursuing a particular project or executing a PPA, both to identify attractive opportunities, but also to avoid inadvertently waiving rights they may have under PURPA that may provide useful leverage. 

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