THE sharing of risks within a Power Purchase Agreement

To comply with the climate neutrality goals, many companies buy or imtend to buy green energy. In a situation like this, Renewable Power Purchase Agreements seem to be a very good sollution for acheving this. Although PPAs can be attractive for both seller and buyer, the assumption of risks in this type of contracts was not very well analyzed.

The main goal of this research is to identify and analyse the risks that may occur when signing a PPA, on the one hand and to find the best solution for sharing them between the parties in the contract, on the other hand.

For this research the comparative analysis, survey based on questionnaires, Spearman’s correlation matrix, and IBM SPSS Statistics for Window are used.

The results suggest that although there have been made some changes in the legal framework regarding these type of contracts, there is still place for improvement, the lack of confidence in the law being the main factor that leads to the hesitation to enter in such contractual relations non-legislation or insufficient legislation of the PPA representing one of the risks most often assumed by the parties.

The implications of the study are at the theoretical level: approaching a little-studied topic in the context of the development of some legal frameworks in order to promote green energy, clarification of some theoretical aspects regarding the assumption of contractual risks.

Index Terms: Force majeure, Green Energy, Power Purchase Agreement, Renewable Energy, Risk assessment