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Energy & Infrastructure Insight - Issue 4

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S H E A R M A N & S T E R L I N G L L P | 1 9 Azerbaijan is rapidly following on the heels of Uzbekistan. Masdar and ACWA Power recently signed contracts with Azerenerji OJSC, the national electrical power company, and the Government of Azerbaijan ("GoA") to develop a 230 MW solar PV plant and a 240 MW wind project, respectively. The GoA has a long-term target to increase the share of renewable energy in power generation to 30% by 2030. The key next steps for Azerbaijan to enable it to scale up its renewable energy capacity are (a) the roll-out of a renewable energy law providing a bankable framework for future projects (similar to Uzbekistan) and (b) transitioning to an auction-based system for awarding capacity for projects to developers. Kazakhstan's renewable energy sector is comparatively more mature. It has had a renewable energy law to support the sector since 2013 and several projects have already developed, although these have been of a much smaller scale, and very few have been project-financed. The standard form of PPA under renewable energy law lacks some of the basic pre- requisites for a bankable PPA, and the offtaker (the Financial Settlement Centre (FSC)) is seen as inflexible in agreeing to any deviations. Specific protections missing from the PPA include the allocation of costs during the currency of a force majeure event, a compensation on early termination regime and offshore arbitration for disputes. Kazakhstan has the more modest plan of increasing its share of renewable energy generation to 10% by 2030 and 50% by 2050. 1. As of December 2020, combined installed capacity from wind and solar sources in Azerbaijan and Uzbekistan was less than 1% of total generation. 2. World Bank – Technical Potential for Offshore Wind in Azerbaijan 3. https://pressroom.ifc.org/all/pages/PressDetail. aspx?ID=26302 Iain Elder Partner London T +44 20 7655 5125 iain.elder@shearman.com Colm Ó Huiginn Senior Associate London T +44 20 7655 5683 colm.ohuiginn@shearman.com Saloni Patel Trainee London T +44 20 7655 5741 saloni.patel@shearman.com OFFSHORE WIND IN THE CASPIAN SEA The advancement of onshore renewable energy in Azerbaijan also opens up the opportunity to unlock the Caspian Sea's vast renewable energy potential, estimated to contain some 157 GW2 of fixed-bottom and floating wind capacity within Azeri waters. Technological improvements, maturation of supply chains and higher load factors have reduced fixed-bottom offshore wind costs, making it competitive with onshore wind in Western Europe. IFC and the Ministry of Energy of Azerbaijan signed a memorandum of understanding on April 14, 2021 to "create a comprehensive roadmap for the development of the country's offshore wind energy sector."3 Successful implementation of a renewable energy law and of the onshore renewable energy auctions (described above) could provide a platform for Azerbaijan to utilize the potential of the Caspian Sea and quickly scale-up renewable energy in its energy mix.

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