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A research report providing detailed insight on the contractual risks involved in the range of energy industry agreements. * Provides detailed information on the legal and strategic implications of new types of power contract and contracting practices in the liberalising European power industry. *Highlights the legal risks associated with radically new types of contract such as weather derivatives amd emissions trading.
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Risk Factors in Power Contracts Financial Engineering
author
:
Crookes, Michael.
publisher
:
Risk Books
isbn10 | asin
:
1899332383
print isbn13
:
9781899332380
ebook isbn13
:
9780585195940
language
:
English
subject
Contracts--Risk management, Contract, Form of.
publication date
:
1999
lcc
:
HG3881.5.C76 1999eb
ddc
:
658.4
subject
:
Contracts--Risk management, Contract, Form of.
Page i
Risk Factors in Power Contracts
Michael Crookes
Page ii
Published by Risk Books, a specialist division of Risk Publications
Haymarket House 28-29 Haymarket London SWIY 4RX Tel: 44 (0)171 484 9700 Fax: 44 (0)171 930 2238
Financial Engineering Ltd 1999
ISBN 1 899332 38 3
British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library
Risk Books Commissioning Editor: Robert Jameson
Copy Editor: Susannah Wight Typesetter: WordWise, Lee-on-the-Solent, Hampshire Printed and bound in Great Britain by Selwood Printing Ltd, Burgess Hill, West Sussex
Conditions of sale All rights reserved. No part of this publication may be reproduced in any material form whether by photocopying or storing in any medium by electronic means whether or not transiently or incidentally to some other use for this publication without the prior written consent of the copyright owner except in accordance with the provisions of the Copyright, Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency Ltd of 90 Tottenham Court Road, London W1P 0LP.
Warning The doing of any unauthorised act in relation to this work may result in both civil and criminal liability.
Disclaimer Every effort has been made to ensure the accuracy of the text at the time of publication. However, no responsibility for loss occasioned to any person acting or refraining from acting as a result of the material contained in this publication will be accepted by the author or Financial Engineering Ltd.
Trade marks Many of the product names contained in this publication are registered trade marks, and Risk Books has made every effort to print them with the capitalisation and punctuation used by the trademark owner. For reasons of textual clarity, it is not our house style to use symbols such as TM and . However, the absence of such symbols should not be taken to indicate absence of trade mark protection; anyone wishing to use product names in the public domain should first clear such use with the product owner.
Page iii
About the Author
Michael Crookes, Energy Lawyer, Field Fisher Waterhouse
Michael Crookes, a law graduate of Leeds University, qualified as a solicitor in 1974 and joined Field Fisher Waterhouse in 1997. He is one of the few lawyers who has worked in-house in all aspects of the electricity business generation, transmission, supply and distribution having been articled at Norweb and a senior solicitor for CEGB (Central Electricity Generating Board). Upon privatisation he became Legal Manager for PowerGen plc, creating and helping to establish its legal department. Following a move into private practice, in recent years he has expanded his portfolio to deal with an even wider range of energy-related issues involving gas, oil, and water as well as other infrastructure projects.
He has been involved in numerous high profile JV, IPP and BOO(T) projects, international acquisitions and project financings. Some of the major projects he has played a significant part in have included an electricity acquisition in Hungary, an oil refinery expansion in Qatar, a dock scheme in the UK, a major CCGT JV in Portugal, an IPP in Kazakhstan, a nuclear power station planning enquiry, off-shore wind farms, and hotel and infrastructure developments in Africa.
Recently he has been involved in some major gas pipeline project work as well as in both the analysis of risk factors and the use of weather derivatives in gas and electricity trading contracts (which have become a particular interest of his). He has given presentations to a number of international audiences on issues such as energy trading, gas transmission pricing and project finance.
Page iv
Acknowledgements
The author would like to thank Risk Books for bringing his ideas to print in this report; Rob Jameson for his instigation and encouragement; and Field Fisher Waterhouse, particularly its senior partner John Wilson, for allowing the time to write it. He would also like to thank his colleague at Field Fisher Waterhouse, Guy Usher, for his expertise and assistance in completing chapter 7.
Editorial Note
The term "European Union" (usually abbreviated to "EU") is used throughout the text and may in some instances refer to the period before the Amsterdam Treaty, when the member states were known collectively as the European Community.
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