PREliMinARY EVEnt GuidE - NUCLEAR POWER International

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COmPETITIVE POwER COllEGE wORkSHOPS
CPC 502 Structuring and Negotiating Turbine Procurement Agreements and the BOP
EPC Contracts for Gas-Fired Projects
Date: monday, December 10, 2012 Time: 1:00 Pm – 5:00 Pm
Room: S320B Cost: $400.00
Instructors
Richard E. (“Chip”) Thompson, Partner, mercer Thompson LLC; Jason B. yost, Partner, mercer Thompson LLC
Who Should Attend
Power generation owners and developers, project managers and anyone who has procurement and construction responsibilities in
connection with the development of power generation facilities for electric power companies.
Course Overview and Objective
Gas turbine orders are surging as utilities and developers increasing select gas instead of coal or other sources for baseload generation,
as well as the need for quick-start generation to level out variable renewable resources. This course will comprise an overview, from the
developer’s perspective, of two fundamental contracts for building a gas-fired or CCGT power plant: the Turbine Procurement Agreement
(TPA) and the balance of plant (BOP) Engineering, Procurement and Construction Agreement (EPC).
The course’s first half will focus on the typical TPA, outlining the key issues and risks inherent in these documents and focusing on how
to protect the developer’s interests, including in such areas as payment, security, late equipment delivery, performance guarantees, cure
periods and warranties. The second half will focus on the typical BOP EPC Agreement, examining how the three fundamentals of scope,
time and money are each addressed throughout the document’s inter-woven provisions, and how various key risks can impact these
fundamentals. In both cases, the presenters will delve into “best practices” and “critical nuances” in these agreements.
Finally, the presenters will explore strategic techniques for “weaving” the TPA and BOP EPC Agreement together so as to minimize gap
risks between the documents. Such an approach can help decrease a project’s construction risk, and help it to secure more favorable
terms in connection with project financing.
Course Highlights
• Turbine Procurement Agreements – Issues, Risks and Solutions
• Vendors Scope Description
• Defining “Delivery” and “Delivery Delay” Concepts
• Payment and Payment Security Issues
• Performance Guarantees, Liquidated Damages, Caps and Exclusions
• Warranties, Warranty Conditions and Exclusions
• BOP EPC Agreements – Issues, Risks and Solutions
• Contractor’s Scope of Work
• Schedule and Cost Risk Allocation and Change Orders
• Substantial Completion Concepts and Risks of Delay
• Contract Price and Payment Schedules
• Key interfaces with the TPA
Instructors’ Biographies
Richard E. (“Chip”) Thompson, Partner, Mercer Thompson LLC
For over seventeen years, mr. Thompson has represented energy companies in their development, acquisition and sale, ownership, and
operation of power projects on a worldwide basis (including in Europe, South America, Asia, Africa and the middle East). His experience
includes projects deriving energy from gas, solar, wind and bio-mass sources.
Jason B. Yost, Partner, Mercer Thompson LLC
mr. yost concentrates his practice on representing both regulated and non-regulated energy companies in all aspects of project
development and operation. He has extensive experience drafting and negotiating equipment purchase agreements, EPC agreements,
LTSAs and O&m agreements.
NUCLEAR POWER INTERNATIONAL 2012 PRELImINARy EvENT GUIDE