International law firm CMS advised Macquarie’s Green Investment Group (GIG), on a 10-year physical corporate Power Purchase Agreement (PPA) with the Danone companies in Poland and separately on a route to market physical PPA with Axpo, one of the largest independent off-takers of renewable energy. Under the RtM PPA with Axpo, the wind farm will sell the remaining volume of electric energy and receive balancing services from Axpo.
“cPPAs - agreements concerning the purchase of electricity generated from renewable sources directly from the generator - are getting more and more popular in Poland. A growing interest in direct purchase of RES energy from generators is related, on the one hand, to the desire to reduce the costs of running a business and ensure the stability of energy prices and, on the other hand, to ensure a greater share of RES energy,” stresses Piotr Ciołkowski, partner in the CMS Energy team.
Last year, CMS advised GIG on the acquisition of a 25.3 MW operating onshore wind farm in Jozwin, located in western Poland. The Jozwin wind farm comprises 9 GE turbines and has been operating for nearly 5 years. GIG is active in 11 countries across Europe, and over 25 countries globally. Over the past year, GIG has committed or arranged for £2.9bn to support green energy projects and has currently 300 projects in development and construction.
The advice on the cPPA was concluded in Poland was provided by an international CMS team headed from Warsaw by Piotr Ciołkowski, partner specializing in regulatory advice for the energy sector, supported by Adam Kędziora, senior associate. The team also included Cecilia van der Weijden and Marcellina Rietvelt (CMS Netherlands), as well as Caroline Buyse and Jean-Eric Cros (CMS France).