Tag archives: Energy law

Some administrative and constitutional principles from the nuclear energy case

Photo of Patrick Bracher (ZA)By Patrick Bracher (ZA) on Posted in General
The Cape High Court decision in April 2017 setting aside the Minister of Energy’s decision determining the requirements for procurement of nuclear generation capacity and tabling of the related Russian intergovernmental agreement (IGA) in parliament usefully reminds us of a few important principles of constitutional and administrative law: Whilst the courts will not usually interfere … Continue reading

Regulation of small-scale embedded generation and the potential regulatory framework provided by NERSA

Photo of Katrijn ThysPhoto of Malibuye Cossie (ZA)By Katrijn Thys and Malibuye Cossie (ZA) on Posted in Banking
Small-scale embedded generation (SSEG), particularly rooftop solar photovoltaic systems, are increasingly used by South Africans as an alternative solution to South Africa’s current energy supply challenge. The Integrated Resource Plan 2010-2030 Update estimates that residential and commercial PV embedded generation could reach 22.5GW by 2020. However, there is no legal framework for the implementation of … Continue reading

The Mozambican New Petroleum Law

Photo of Zaida Kathrada (ZA)By Zaida Kathrada (ZA) on Posted in General
The Mozambique New Petroleum Law (21/2014) came into force on 18 August 2014 and is subject to further regulation by the government within 60 days of its publication. The law provides that all petroleum resources existing as natural resources in the soil and the subsoil, in interior waters, in the territorial sea, on the continental … Continue reading

Renewable energy projects: community related protests

Photo of Ntombentsha OdoloPhoto of Malibuye Cossie (ZA)By Ntombentsha Odolo and Malibuye Cossie (ZA) on Posted in Banking
The economic development obligations placed on developers in terms of the Renewable Energy Independent Power Producer Procurement Programme are fairly onerous and can have far-reaching implications for renewable energy projects in South Africa if protests by unhappy local communities are events of default. To comply with the ownership requirement imposed as part of the economic … Continue reading

What is the DoE doing to reduce costs for developers of small projects?

Photo of Coldron DenichaudPhoto of Katia MengelBy Coldron Denichaud and Katia Mengel on Posted in Banking
The DoE recently made sweeping amendments to the RFP under the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) to make the bid submission process cheaper and less onerous for developers. Will the DoE make the same changes to the RFP under the Small Project Independent Power Producer Procurement Programme (SPIPPPP)? The intention is to … Continue reading

Round 3 projects required to comply with amended B-BBEE Codes

Photo of Coldron DenichaudPhoto of Katia MengelBy Coldron Denichaud and Katia Mengel on Posted in Banking
Projects aiming to reach financial close in the third round of the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP) in November 2014 will be affected by the amended Broad-Based Black Economic Empowerment Codes of Good Practice (Amended B-BBEE Codes) following amendments to the Implementation Agreement. Some of the most significant changes to the Implementation … Continue reading

Department of Energy amends System Event provisions in the Round 3 and 4 Power Purchase Agreements

Photo of Coldron DenichaudPhoto of Katia MengelBy Coldron Denichaud and Katia Mengel on Posted in Banking
A seller will not be entitled to claim relief if a delay in connection of a facility to the grid (defined as a System Event in the power purchase agreement) prevents it from generating energy during the early operating period. On 14 June 2014, the Department of Energy (DoE) released the revised power purchase agreement … Continue reading

Coal Baseload Independent Power Producer Programme – factors contributing to success

Photo of Coldron DenichaudPhoto of Katia MengelBy Coldron Denichaud and Katia Mengel on Posted in Banking
The essential requirements of the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP) were set out in the Department of Energy’s (DoE) Request for Registration (RFR) of 26 June 2014. The RFR also gives a flavour of the key factors the DoE will consider in the evaluation of bid responses submitted, some of which are tariff, … Continue reading

Coal Baseload Independent Power Producer Programme – a snapshot

Photo of Coldron DenichaudPhoto of Katia MengelBy Coldron Denichaud and Katia Mengel on Posted in Banking
On 26 June 2014, the Department of Energy (DoE) released the Request for Registration (RFR) in respect of the Coal Baseload Independent Power Producer Procurement Programme (CBIPPPP). Although the RFR is intended to invite prospective bidders to submit information to the DoE to assist in the planning of the programme, it also gives an insight … Continue reading

Coal IPP Procurement Programme about to kick off

Photo of Jackie MidlanePhoto of Coldron DenichaudBy Jackie Midlane and Coldron Denichaud on Posted in Banking
After numerous press releases about the impending release of the Coal Independent Power Producer Procurement Programme (CIPPPP), the Department of Energy (DoE) released a formal request for compulsory registration for new generation capacity under the CIPPPP on 25 June 2014. Developers who wish to take part in this programme must register if they wish to … Continue reading

Amendments to the REIPP RFP aim to make bidding cheaper, but is it worth it?

Photo of Coldron DenichaudPhoto of Katia MengelBy Coldron Denichaud and Katia Mengel on Posted in Banking
The Department of Energy has released the fourth edition request for proposals under the Renewable Energy Independent Power Producer (REIPP) procurement programme. A number of the amendments have been made following much consultation with developers and lenders over the previous three bid submission rounds. The fourth edition of the RFP can make the bidding process … Continue reading

Exemption for previously compliant bidders under the fourth edition RFP

Photo of Jackie MidlanePhoto of Coldron DenichaudBy Jackie Midlane and Coldron Denichaud on Posted in Banking
The fourth edition of the RFP under the Renewable Energy Independent Power Producer (REIPP) procurement programme exempts returning compliant bidders from certain of the more onerous and time consuming qualification criteria of the RFP. In order to qualify for the exemption, a developer must re-submit a project, using the same project site, project layout and … Continue reading
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