The EPC and O&M Contractor`s Perspective

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ESKOM CSP / SOLAR AUGMENTATION CONFERENCE
THE EPC AND O&M CONTRACTOR'S
PERSPECTIVE
Alessandra Pardini
26 August 2013
© Webber Wentzel 2013
GLOBAL CSP
CSP around the World
GLOBAL CSP
• Global CSP up to January 2013 (figures include ISCC and ISCoal)
o
o
o
o
o
o
o
o
Total installed CSP: 2553 MW
Total installed CSP (2012): 811.5 MW - 31.8 % of total
Total installed CSP prior to 2006: 354 MW
Total installed CSP (2006 - 2012): 2199 MW
Total installed CSP in USA: 506 MW - 19.8 % of total
Total installed CSP in USA (2012): 0 MW
Total installed CSP in Spain: 1954 MW - 76.5 % of total
Total installed CSP in Spain 2012: 802.5 MW - 100 % of total
(source: CSP World)
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GLOBAL CSP
Projects:
• Largest single operational project (parabolic trough):
o 100 MW Shams 1 in Abu Dabi
o Companies: Abengoa Solar, Masdar and Total
o EPC: Abener, Abengoa, Teyma
o O&M: Abengoa Solar
• Largest single operational project (central receiver):
o
o
o
29 MW Coalinga in California: Chevron
Company: Chevron
Project developer: BrightSource Energy
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• Largest under construction:
o
o
o
o
377 MW (central receiver) Ivanpah SEGS in Primm, California
Companies: BrightSource Energy, Google, NRG Energy
EPC: Bechtel Engineering
O&M: NRG Energy
• Largest CSP facility:
o
o
o
o
o
Total of 354 MW SEGS - Solar Energy Generating System (parabolic
trough)
Consisting of 9 individual plants in 3 locations
Installed capacity of 14 MW (SEGS I) up to 80 MW (SEGS VIII and IX)
Developer: Luz Industries (now BrightSource Energy)
Current owners: Cogentrix (SEGS I and II), NextEra Energy Resources
(SEGS III – IX)
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SOUTH AFRICA
CSP locally
CSP IN SOUTH AFRICA
• Background on REIPP
o
o
o
o
Integrated Resources Plan for Electricity 2010 – 2030 (IRP 2010)
recognises the need for new generation capacity to ensure the
continued uninterrupted supply of electricity to South Africa.
Pursuant to this, the Department of Energy issued the First
Determination, on 1 August 2011. This allocated 3725 MW to be
procured, spread across various forms of renewable energy. The Second
Determination, on 12 December 2012, allocated a further 3200 MW
across these technologies.
The allocated amounts broadly align with the capacity allocated in terms
of IRP (Integrated Resources Plan) 2010.
The Renewable Energy Independent Power Production procurement
programme gives effect to the First and Second Determinations (REIPP).
The REIPP programme is run by the Department of Energy, and the
energy generated is purchased by Eskom.
7
CSP IN SOUTH AFRICA
• Background continued…
o
o
o
The REIPP RFP contemplates that renewable energy will be procured in a
series of "Bid Windows". For each window, competitive Bids are
submitted and Preferred Bidders are appointed thereafter.
So far, Rounds 1 and 2 have been concluded, with most Round 1 projects
under construction, and Round 2 projects in the late developmental
stages.
In terms of the First and Second Determinations, CSP was allocated 200
MW, followed by 400 MW, respectively. 150 MW of CSP was awarded in
Round 1, with a further 50 MW awarded in Round 2.
8
CSP IN SOUTH AFRICA
• Projects in South Africa - Operational demonstration and pilot plants
•
BBEnergy Liner Fresnel demo plant: 0.08 MW
o Operation start date: November 2010
•
BBEnergy Eskom Fresnel pilot plant: 0.15 MW
o Operation start date: January 2013
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CSP IN SOUTH AFRICA
• Under construction:
o
Kaxu Solar One: 100 MW parabolic trough (1st REIPP Bid Window)
• Developer: Abengoa, IDC
• EPC: Abener, Teyma
• O&M: Abengoa Solar
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CSP IN SOUTH AFRICA
• Under construction
o
Khi Solar One: 50 MW central receiver (1st REIPP Bid Window)
• Developer: Abengoa, IDC
• EPC: Abener, Teyma
• O&M: Abengoa Solar
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CSP IN SOUTH AFRICA
• Under construction (as of August 2013)
o
Bokpoort: 50 MW parabolic trough (2nd REIPP Bid Window)
• Developer: Acwa Power International
• EPC: Acciona Energia, SENER, TSK
• O&M: Nomac, Investment in Africa Energy Services
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CSP IN SOUTH AFRICA
• Planned:
o
Eskom CSP Plant: 100 MW central receiver (Webber Wentzel)
• Finance: World Bank, Clean Technology Fund, African Development
Bank, Agence Française de Develop
• Engineering and Project Management: Tractebel Engineering (GDFSuez), Astrom Technical Advisors, PD Naidoo & Associates
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(source: www.tractabel-engineering-gdfsuez.com)
CSP IN SOUTH AFRICA
• REIPP Round 3:
o
o
o
o
For Round 3, 200 MW allocated to CSP.
Webber Wentzel has been involved in one CSP project in Round 3 Abengoa 100 MW CSP.
Another likely Round 3 project - Mestimatala 50 MW CLFR (Linear
Fresnel) is "Ready for Bidding" (source: amplesolar.com)
GDF-Suez has also submitted a CSP bid for Round 3
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CSP IN SOUTH AFRICA
• CSP Plants in South Africa (map data source: AfriGIS (Pty) Ltd)
Blue
operational
Yellow
construction
Green
development /
planned
Bokpoort is also
now under construction
15
EPC CONTRACTORS
REIPP and EPC
EPC CONTRACTORS IN REIPP?
• The EPC Contractors in REIPP are typically international firms. The
international firms that have been involved in South Africa in the CSP
sphere thus far are:
o
GDF-Suez S.A. - French multinational electric utility company,
headquartered in Paris which operates in the fields of electricity
generation and distribution, natural gas and renewable energy:
• involved in the Eskom CSP Project via Tractebel Engineering.
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EPC CONTRACTORS IN REIPP?
o
Abengoa - Spanish multinational corporation, which includes companies
in the domains of energy, telecommunications, transportation, and the
environment; Abengoa Solar, a subsidiary, is focussed on design,
financing and construction / operation of PV and CSP projects:
• Involved in the Khi and Kaxu CSP projects locally, and construction of
the operational Shams 1 (100 MW) parabolic trough plant, discussed
above.
• Involved in EPC for the first commercial central receiver (solar power
tower) CSP plant, PS10 Solar Power Plant (11 MW) in Seville, Spain in
2007.
o
Acciona Energia - Spanish company based in Madrid, subsidiary of
Acciona, involved in developing renewable energy projects, including
small hydro, biomass, solar energy and thermal energy, and the
marketing of biofuels.
o Involved in several Round 2 projects - Bokpoort (50 MW CSP).
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KEY ISSUES – EPC (REIPP)
Key issues for EPC Contractors in terms of REIPP
Delay damages

Should be be capped? Conservative approach of SA banks has
required this to be capped at 15 %
Performance damages

Similarly capped at 15 %
Defects liability

With 24 months being acceptable, banks have requested d / p's
(independent of warranties) to be 5 years
Limitation of liability

100 %
Exclusion from limitation of liability

Confidentiality

Corrupt Acts

Economic Development Obligations

Indemnities (IP)

Third party liability
Performance bond

10 – 20 %
Advance payment

Very common for cash flow requirements
Retention

Takes the form of a warranty bond for the defects liability period
Direct agreements with lenders

Required by SA banks, with additional warranties, step-in rights and
subordination provisions
Pass through obligations (PPA, IA) and
equivalent project relief

These have been contentiously debated
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O&M CONTRACTORS
O&M and REIPP
KEY ISSUES – O&M (REIPP)
Key issues for O&M Contractors in terms of REIPP
Performance damages

For availability in certain circumstances
Limitation of liability

200 %
Exclusion from limitation of liability

Confidentiality

Corrupt Acts

Economic Development Obligations

Indemnities (IP)

Third party liability
Performance bond

100 % to 150 %
Direct agreements with lenders

Yes
Pass through obligations (PPA, IA) and

These have been contentiously debated
equivalent project relief
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WEBBER WENTZEL
THANK YOU
•
Alessandra Pardini
+27 11 530 5007 / 5244
+27 82 978 4449
alessandra.pardini@webberwentzel.com
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www.webberwentzel.com
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Legal Notice: these materials are for training purposes only and do not constitute legal or other professional advice
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