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Power Africa: Power Purchase Agreements Consultation Workshop

Led by Nnamdi Ezera and Mohamed Badissy, The Commercial Law Development Program (CLDP) held a Regional Stakeholders Workshop on Refining the Annotation of Africa Power Purchase Agreements (PPAs) in Abuja, Nigeria. The program featured 70 participants, including government officials and representatives from power utilities, transmitters, distributors and regulators in West Africa. The program is a follow-up to a CLDP program in March 2014 to review and annotate the most heavily negotiated and disputed provisions of power project contracts. This second program aimed to gain much-needed government stakeholder perspectives and ownership of the annotated PPA. It was attended by the Nigerian Minister of Power and CEOs from the Nigerian Bulk Electricity Trading Plc, the Nigerian Electricity Regulatory Commission, and the Africa Finance Corporation. Julie Wenah provided reflections from Secretary Pritzker’s West Africa Trade Mission and Trade and Investment Speech the previous month in Accra, Ghana and Lagos, Nigeria as well as the Administration's commitment to double access to power in Sub-Saharan Africa. Attorney-experts from the Overseas Private Investment Corporation and international and Nigerian firms gave presentations on offtake obligations, power payments, force majeure, sovereign guarantees, and dispute resolution. The issues raised and the perspectives gleaned from the workshop will be the basis for potential power-market reform, and will be included in the final PPA Annotation tool.