Comparative study of power purchase agreements in the Nepalese environment

This paper describes the experiences and the contentious issues on eight existing PPAs in Nepal with varying type of investment, the key areas where IPPs are treated fairly and the areas where IPPs are discriminated against by the clauses are highlighted. Power Purchase Agreements on IPPs in Nepal are of three types: with foreign investment, local investment and investment in JV with the Utility. A critical issue in designing power purchase agreements is to create a level playing field for the players to secure successful and sustainable IPPs and PPAs. To create this environment, discriminatory clauses or unequal treatment to IPPs in the key issues of the PPAs should be avoided; the key issues being power purchase guarantees, force majeure guarantees, financial and foreign exchange guarantees, operation guarantees, and guarantees concerning insurance and dispute resolution. The analysis shows that discriminatory clauses and unequal treatment are present in the key issues of the agreements.