CfD Stakeholder Bulletin — April 2019
Summary
The government published final draft CfD contracts for Allocation Round 3, including Brexit-related amendments to remove EU law references and standardised Direct Agreement terms for lender protection. LCCC published Minor and Necessary modification guidance, and National Grid opened AR3 registration. These documents give potential applicants visibility of contract terms before the allocation round commences.
Why it matters
Contract standardisation reduces transaction costs for developers and lenders, particularly around financing arrangements. The Brexit amendments remove regulatory uncertainty but do not change economic terms or alter the fundamental CfD mechanism.
Key facts
- •Final draft CfD contracts published for AR3
- •Brexit amendments remove EU law references
- •Direct Agreement standardised for lender protection
- •Minor and Necessary modifications process guidance published
- •National Grid opened AR3 registration process
- •CfD AR3 masterclass scheduled for 9 May 2019
Areas affected
Related programmes
Memo
Contracts for Difference: Stakeholder Bulletin 17 April 2019 Publication of supplementary government response on changes to the CfD contract On 17 April, the government published a supplementary government response on changes that have been made to the CfD contract. Firstly, the response sets out the CfD contract changes that have been made to clarify how CfD contract holders should interpret references to EU law in light of the UK’s departure from the EU. Secondly, the response sets out the policy decisions that have been taken on the form of the Direct Agreement. The Direct Agreement is an agreement between a generator, its lenders and the LCCC, protecting the lender’s interests in the event that the generator defaults on its contract. Finally, the response details other minor administrative and tidying up amendments that have been made to improve the clarity and consistency of the CfD Standard Terms and Conditions and CfD Agreement. Further information here Publication of the final draft CfD contract and all contract variants The government has also published the final draft versions of the CfD contract for Allocation Round 3; the generic Standard Terms and Conditions, the CfD Agreement and all of the contract variants (for example, Agreements for offshore wind sites that deliver in phases). Final changes have been made to the versions of the Standard Terms and Conditions and CfD Agreement published in December 2018, and the versions of the other contract variants published for CfD Allocation Round 2 in March 2017. These amendments are reflected in tracked changes for ease of reference. The government is publishing these final draft contract documents now to give potential applicants visibility of the contracts that they will be expected to sign if successful, and to facilitate informal engagement on the Minor & Necessary amendments process between potential applicants and LCCC. The final clean versions of the CfD Standard Terms and Conditions, CfD Agreements and contract variants will be published before CfD Allocation Round 3 commences. Further information here LCCC publish Minor and Necessary guidance The Low Carbon Contracts Company is today publishing guidance on how applicants can apply to make minor and necessary modifications to their CfD contract (Standard Terms and Conditions). Further information is available on the AR3 portal National Grid opens CfD registration process National Grid (EMR Delivery Body) has opened their process for potential applicants to register to participate in CfD allocation round 3. Eligible generators who have registered with National Grid will be able to start submitting applications once the allocation round commences. Further information is available on the AR3 portal CfD AR3 Masterclass – Thursday 9 May 2019 The Low Carbon Contracts Company is hosting a CfD AR3 training event on Thursday 9 May 2019. The event will take place from 9.30-4pm in Borough, London, and is aimed at participants in CfD Allocation Round 3 who have missed any of the previous training sessions run by LCCC, or are new to the CfD scheme and the application process. Lunch will be provided. To register your interest, email cfdpreparations@lowcarboncontracts.uk. General Data Protection Regulation This stakeholder bulletin is being circulated to people who have opted in to the Contract for Difference stakeholder contact list. We issue these stakeholder bulletins as a convenience to interested parties, however it is not in any way essential to be on this list to participate in major consultations or allocation rounds. Purpose & scope of this list: This list is managed by the Department for Business, Energy and Industrial Strategy (BEIS) (and any successor departments) and will be used to inform interested parties of policy developments relevant to the Contract for Difference scheme for renewable energy projects (and any direct successor schemes). It is not used for any other purposes. To be removed from the circulation list: Please send a blank e-mail with the subject ‘opt out’ (if the receiving e-mail you use is different to the one you send the e-mail from, include that e-mail address in the subject of the e-mail) to BEISContractsForDifference@beis.gov.uk. If you have received this indirectly and want to be added to this list: Send a blank e-mail with the subject line ‘opt in’ to BEISContractsForDifference@beis.gov.uk. You can withdraw your consent to opt in at any time. We will normally keep your address on this list until you: a) withdraw your consent to opt in, b) the scheme closes without any successor, c) we receive reports your email address is no longer operational, or d) you do not respond to a periodic request from us to reconfirm your desire to opt in.