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ARTICLE · 11 FEBRUARY 2011

Commercial Aggregators Given Second Chance Under The Microfit Program

On February 1, 2011, the OPA released much anticipated draft rules and a proposed contract for commercial aggregators under the microFIT program (available to 10 kW or less projects).

CanadaEnergy and Natural Resources

On February 1, 2011, the OPA released much anticipated draft rules and a proposed contract for commercial aggregators under the microFIT program (available to 10 kW or less projects). This group of renewable energy generators, being businesses that lease land or rooftops from individuals for multiple small renewable energy generation projects, has been shut out of the FIT/microFIT program since last fall, when the OPA announced size and applicant restrictions in both the FIT and microFIT rules.

The proposed C-FIT program includes more commercial terms, including secured lender provisions similar to those under the FIT program, than those available to microFIT generators. The proposed contract remains simplistic and does not include all standard commercial terms, including assignment and change of control provisions, but is still viewed as many as being critical in making such projects financeable. Interestingly, the OPA has restricted its own assignment right –

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