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ARTICLE · 16 FEBRUARY 2021

Power Project Development: Aligning The EPC Agreement And Power Purchase Agreement

Power project developers often negotiate the engineering, procurement, and construction agreement (EPC) at the same time as other project contracts.

United StatesGovernment, Public Sector

Power project developers often negotiate the engineering, procurement, and construction agreement (EPC) at the same time as other project contracts. Depending on the project type and contracting paradigm, a developer (owner) must align key EPC terms with some or all of the following: (1) power purchase agreement (PPA), (2) interconnection agreement, (3) major supply agreements, and (4) operations and maintenance (O&M) agreement.

This article will evaluate the EPC as an exercise in risk allocation, and then highlight issues for alignment with the PPA. In future articles, we will identify areas that overlap between the EPC and other project contracts.

I. EPC Agreement and Risk Allocation

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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