ARTICLE
10 February 2022

South Korea Opens Door For Direct PPAs For Renewable Projects

MB
Mayer Brown

Contributor

Mayer Brown is a distinctively global law firm, uniquely positioned to advise the world’s leading companies and financial institutions on their most complex deals and disputes. We have deep experience in high-stakes litigation and complex transactions across industry sectors, including our signature strength, the global financial services industry.
The amendments to the Electric Utility Act, which for the first time allow renewable energy generators in South Korea to sell electricity directly to end-users without having to go through the Korean Power Exchange...
South Korea Energy and Natural Resources
To print this article, all you need is to be registered or login on Mondaq.com.

The amendments to the Electric Utility Act, which for the first time allow renewable energy generators in South Korea to sell electricity directly to end-users without having to go through the Korean Power Exchange (KPX), are now in force. 

Under the pre-existing electricity market structure, direct Power Purchase Agreements (PPAs) between generators and end-users are prohibited under the Electric Utility Act. Instead, generators are required to sell into the KPX's hourly auction pool, with Korean Electric Power Corporation (KEPCO) as the sole off-taker (given that KEPCO is the only 'electric sale business' licenced under the Electric Utility Act).

These amendments to the Electric Utility Act are therefore a potential game changer for the renewables sector, effectively removing KEPCO's monopoly on the sale of renewable energy to end-users. Power sold under this direct PPA scheme will however not be eligible for the issuance of renewable energy certificates (RECs), which had previously been the main source of revenue for renewable generators (in addition to revenues generated from selling electricity on the KPX). 

RECs aside, we expect the direct PPA scheme to be a welcomed alternative for both renewable generators and end-users, particularly given the ability to lock-in prices in advance and minimise exposure to the sometimes volatile spot market. 

The direct PPA scheme, coupled with the recent increases to the mandatory quotas imposed on large generators under the Renewable Portfolio Standard scheme (which require generators with generation facilities exceeding 500MW to generate at least 25 percent of power from renewable energy sources by 2026) are clear signs of the Moon administration's determination to accelerate growth in the renewable energy sector. 

Whilst the country still remains in the early stages of that journey (with coal-fired generation accounting for 40 percent of the country's total power output), the growing number of development stage renewable projects led by both domestic and foreign investors is testament to the opportunities that lie ahead, and we expect to see significant client interest in the months and years to come.

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe - Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More