The document summarizes key legal issues regarding Indonesia's plan to develop 35,000 MW of power generation capacity. It notes that only 50,000 MW was developed in the past 70 years of independence. It outlines the legal basis for the 35,000 MW plan and electricity demand projections. It discusses the potential for private investment and various procurement methods. It also examines underwriting approaches, common legal disputes around land acquisition and pricing, and acknowledges that the 2019 target is unlikely to be met due to delays in land issues and site determination.
Power Sector at A Glance, the monthly newsletter was founded by the management students of UPES,Dehradun. The main objective it is to provide a digital collection of all power sector news, editorials & articles in one newsletter.
The newsletter focuses on helping power sector professionals to stay updated without loosing time & money, & can be referred anywhere, anytime . The PSAG has published 9 successful editions and has a distribution network of more than 4000 in power sector companies, consultants and professionals.
Harris, MEMR - Indonesia's RE Investment Promotion Strategy in Eastern IslandsOECD Environment
Presentation by Harris, MEMR - OECD Focus Group Discussion: Investment models for scaling up renewable energy deployment in Indonesia's eastern islands, 21 October 2020
The American Public Power Association presents the ninth annual report on current and imminent electricity generation capacity in America by types of fuel, location, and ownership type.
Currently, America has just over 1.1 million megawatts of generation capacity.
The largest fuel source is natural gas, accounting for nearly 42 percent of all generation capacity. Coal, with a share of nearly 28 percent of capacity, is the second largest generation source. Nuclear, hydro, and wind together account for 23 percent of capacity. Solar currently constitutes less than one percent of all capacity.
This report analyzes prospective generation capacity in four categories — under construction, permitted, application pending, and proposed.
Nearly 372,000 MW of new generation capacity is under development in the United States — 92,000 MW under construction or permitted, and just under 280,000 MW proposed or pending application.
Natural gas will continue to be the top fuel source in the near and distant future, followed by wind. A growing amount of generating capacity is expected to be fueled by solar. In fact, solar constitutes just over 10 percent of all capacity for plants under construction and that have permits to start building.
While the Southeast has the most generation currently, with 25 percent of the nation’s total capacity, the Western region is slated to add the most generation, projecting more than 144,000 MW new capacity.
This report also provides information on retirements and planned retirements, cancellations, and capacity that has been added over the past eight years.
The report approximates what the U.S. capacity mix will look like by the end of 2020. Natural gas will continue to be the leading resource.
While the overall capacity mix in the United States will change, it will do so at a gradual pace. Coal and other traditional forms of electric generation are being displaced by wind, solar, and other forms of renewable generation. Environmental regulations as well as the speed at which certain resources can be developed might spur more significant changes. However, the overall fuel mix five years from now will not be dramatically different from the current mix.
Power Sector at A Glance, the monthly newsletter was founded by the management students of UPES,Dehradun. The main objective it is to provide a digital collection of all power sector news, editorials & articles in one newsletter.
The newsletter focuses on helping power sector professionals to stay updated without loosing time & money, & can be referred anywhere, anytime . The PSAG has published 9 successful editions and has a distribution network of more than 4000 in power sector companies, consultants and professionals.
Harris, MEMR - Indonesia's RE Investment Promotion Strategy in Eastern IslandsOECD Environment
Presentation by Harris, MEMR - OECD Focus Group Discussion: Investment models for scaling up renewable energy deployment in Indonesia's eastern islands, 21 October 2020
The American Public Power Association presents the ninth annual report on current and imminent electricity generation capacity in America by types of fuel, location, and ownership type.
Currently, America has just over 1.1 million megawatts of generation capacity.
The largest fuel source is natural gas, accounting for nearly 42 percent of all generation capacity. Coal, with a share of nearly 28 percent of capacity, is the second largest generation source. Nuclear, hydro, and wind together account for 23 percent of capacity. Solar currently constitutes less than one percent of all capacity.
This report analyzes prospective generation capacity in four categories — under construction, permitted, application pending, and proposed.
Nearly 372,000 MW of new generation capacity is under development in the United States — 92,000 MW under construction or permitted, and just under 280,000 MW proposed or pending application.
Natural gas will continue to be the top fuel source in the near and distant future, followed by wind. A growing amount of generating capacity is expected to be fueled by solar. In fact, solar constitutes just over 10 percent of all capacity for plants under construction and that have permits to start building.
While the Southeast has the most generation currently, with 25 percent of the nation’s total capacity, the Western region is slated to add the most generation, projecting more than 144,000 MW new capacity.
This report also provides information on retirements and planned retirements, cancellations, and capacity that has been added over the past eight years.
The report approximates what the U.S. capacity mix will look like by the end of 2020. Natural gas will continue to be the leading resource.
While the overall capacity mix in the United States will change, it will do so at a gradual pace. Coal and other traditional forms of electric generation are being displaced by wind, solar, and other forms of renewable generation. Environmental regulations as well as the speed at which certain resources can be developed might spur more significant changes. However, the overall fuel mix five years from now will not be dramatically different from the current mix.
Karnataka Renewable Energy Development LimitedTiE Bangalore
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KREDL (KREDL is nodal agency for renewable energy programs of national and Karnataka state government and responsible for channeling grants and subsidy)
Official Document of the Renewable policy 2012 of West Bengal released by the Department of Power and Non conventional energy sources, Govt of West Bengal.
This document is not a work of Headway Solar (http://headwaysolar.com/) and it has been released here for the benefit of the general public.
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Download India nuclear power sector generation and investment opportunity out...KuicK Research
“India Nuclear Power Sector Generation and Investment Opportunity Outlook 2032” report highlights:
India Nuclear Power Sector Overview
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The Government is committed to increased use of clean energy sources and is already undertaking various large-scale sustainable power projects and promoting green energy.
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Significance of Renewable Energy for India
Renewable Energy Potential & Installed Capacity by Source
Government Support & Incentive Framework
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Emerging Sources of Renewable Energy: Hydro, Geothermal & Tidal energy.
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Jawaharlal Nehru National Solar Mission
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Environmental, Social, and Governance (ESG) refers to a set of principles that guide the sustainable practices for businesses and individuals. ESG has become a greater concern for governments, investors, and the public. Integrating ESG factors into investment strategies is one solution to measure the contribution of an institution’s or company's sustainable investment to its stakeholders. In the past few years, Indonesian government has shown its commitment to cope with the development of global ESG topic in many sectors. This publication is designed to give an overview and keynotes regarding ESG implementation in Indonesia
Karnataka Renewable Energy Development LimitedTiE Bangalore
Renewable Energy Policy
Presentation by: Ravindra H. Kori
Technical Officer (IEC and Nemmadi)
KREDL (KREDL is nodal agency for renewable energy programs of national and Karnataka state government and responsible for channeling grants and subsidy)
Official Document of the Renewable policy 2012 of West Bengal released by the Department of Power and Non conventional energy sources, Govt of West Bengal.
This document is not a work of Headway Solar (http://headwaysolar.com/) and it has been released here for the benefit of the general public.
Overview of solar power generation in indiaBinit Das
-Overall Indian solar capacity addition target vs. current progress
-Current competitive landscape in solar power generation in India
-Typical timeline / milestones for ground-mounted solar project implementation (incl. activity-wise phasing)
-Usual EPC supply chain for ground-mounted solar project
-Key EPC / implementation risks and other key challenges faced by solar developers in India
-Typical risk mitigation measures and key success factors
Download India nuclear power sector generation and investment opportunity out...KuicK Research
“India Nuclear Power Sector Generation and Investment Opportunity Outlook 2032” report highlights:
India Nuclear Power Sector Overview
India Nuclear Power Sector Indicators
India Existing and upcoming Nuclear Power Plants Overview
Indian Nuclear Power Regulatory and Policy Framework
India Nuclear Power Plants Infrastructure
India Nuclear Fuel Supply Scenario
The Government is committed to increased use of clean energy sources and is already undertaking various large-scale sustainable power projects and promoting green energy.
India renewable energy sector opportunity analysisRajesh Sarma
“India Renewable Energy Sector Opportunity Analysis” Report gives detailed overview on the following aspect related to renewable energy sector in India:
Significance of Renewable Energy for India
Renewable Energy Potential & Installed Capacity by Source
Government Support & Incentive Framework
Current Scenario of Decentralize/Off Grid Renewable Energy
Emerging Sources of Renewable Energy: Hydro, Geothermal & Tidal energy.
Policy & Regulatory Framework
Jawaharlal Nehru National Solar Mission
Future Outlook for Renewable Energy
Environmental, Social, and Governance (ESG) refers to a set of principles that guide the sustainable practices for businesses and individuals. ESG has become a greater concern for governments, investors, and the public. Integrating ESG factors into investment strategies is one solution to measure the contribution of an institution’s or company's sustainable investment to its stakeholders. In the past few years, Indonesian government has shown its commitment to cope with the development of global ESG topic in many sectors. This publication is designed to give an overview and keynotes regarding ESG implementation in Indonesia
VIETNAM - SOLAR POWER BREAKING NEWS – EXTENSION PROPOSAL BY MINISTRY OF PLANN...Dr. Oliver Massmann
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Legal Issues on 35,000 MW Power Plant Development in Indonesia
1. Legal Issues on 35,000 MW
Power Plant Development
in Indonesia
Indrawan D. Yuriutomo
October 12, 2016
SSEK Legal
Consultants
2. I
During 70 years of Indonesian
independence, only 50,000 MW
power plants were built
Jokowi in the National Coordination Meeting (“Rakornas”) – Regional Inflation Control Team at the Hotel Grand
Sahid, Jakarta Pusat (27/5/2015)
3. I Legal Basis of Power Plant Development
35.000 MW
1. Law No. 30 Year 2009 on 23 September 2009 regarding Electricity;
2. Government Regulation No. 14 Year 2012 as amended by Government
Regulation No. 23 Year 2014 regarding Electricity Supply Business
Activities ;
3. Presidential Decree No. 4 of 2016 on 19 January 2016 regarding
Electricity Infrastructure Development Acceleration;
4. Minister of Finance Regulation No.130/PMK.08/2016 regarding the
Procedure of the Implementation in the Granting of Government
Guarantee for Electricity Infrastructure Development Acceleration.
4. II ELECTRICITY NEEDS IN INDONESIA
Electricity needs in Indonesia in 2015 was 36.787 MW,
and it has been projected to be increased to become
50.331 MW in 2019 and to become 74.536 MW in 2024.*
To fulfill such needs, PLN can conduct cooperation with
Independent Power Plant (“IPP”) with Build-Own Transfer
(“BOT”) scheme through Power Purchase Agreement
(“PPA”)
* PLN Official website
5. III THE POTENTIAL FOR IPP INVESTMENT IN
INDONESIA
Project for 35.000 MW applied by the Government in 2015
consists of 10.000 MW will be built by PLN and 25.000 MW
built by the private party. Project built by the private party
shall consist:
Project which its procurement has already been running: 21
Project;
Project which its procurement through direct appointment :
16 projects;
Project which its procurement through tender: 37 Projects.
* PLN Official website
7. License &
Agreement
EPC
Contract
V BUSINESS SCHEME
Land Owner
Fuel Supplier
PSC
Contractor
Land
Sale
Purchase
Deed
Tanah
Fuel
Agreement Seller
Insurance
Contract
Insurance
Company
Loan
Agreement
O & M
Contract
Bank
Government
O & M
Company
POWER
PURCHASE
AGREEMENT
8. VI PPA OVERVIEW (1)
1. PPA (Power Purchase Agreement)
2. FC (Financing Date)
3. COD (Commercial Operation Date)
Period of
Fund
Period of
Construction
Period of
Operation
12 Months
24/36/48
Month
25-30 Years
CODFDPPA
PPA
Expire
Date
9. VII UNDERWRITING
4 (four) Types of Underwriting for IPP
Support Letter
granted pursuant
to Keppres No. 37
Year 1992.
Applicable to IPP
Generation I or 27
PPA
Content:
Government will
cause PLN to
satisfy its
obligations
Confirmation Note
granted pursuant to
UNMU signed by GOI
dan GOJ pada 17-9-
2006
Aimed for IPP project
funded by JBIC
Content: GOI
Obligation Confirmation
to provide subsidy to
PLN
Guaranty Letter
granted pursuant to
Keppres No. 67
Year 2005
Aimed for Proyek
PPP Project and
must be through
tender
Content: GOI
provides
compensation if PLN
incapable of paying
to IPP
Business Feasibility
Guaranty Letter granted
diberikan pursuant to
PMK 225 Year 2013
Aimed for Acceleration
Project II and 10.000
MW Project
Content: GOI menjamin
kemampuan PLN untuk
melaksanakan
kewajiban finansialnya
10. VIII LEGAL DISPUTE IN POWER PLANT DEVELOPMENT
IN INDONESIA
1. Land Procurement
Government effort to assist IPP in the process of land procurement is by issuing
Presidential Decree No. 38 Year 2015 where land procurement for the PPP
project shall constitute the Government obligation, and issuing the Government
Regulation No. 30 Year 2015, regarding the implementation of land
procurement for development of public interest.
Special for land procurement located in the jungle area, the Government has
issued the Minister Regulation LHK No. P.46 Year 2016 regarding the utiliation
of geothermal environment services in the national park, grand forest park and
national park.
However, the land procurement for the project that has been running and not in
the PPP scheme, how does the government effort assisting this process?
11. VIII LEGAL ISSUES IN POWER PLANT DEVELOPMENT IN
INDONESIA
2. Government Guarantee
The Government currently provides Guarantee such as:
Business Feasibility Guarantee Letter (Minister of Finance Regulation No. 225 Year
2013 as amended by the Minister of Finance Regulation No. 173 Year 2014), shall
be granted for the second 10.000 MW Acceleration Project.
Guarantee through PT Penjaminan Infrastruktur Indonesia (Presidential
Regulation No. 78 Year 2010 and the Minister of Finance Regulation No. 260 Year
2010, shall be granted for the project built through PPP scheme.
Can ongoing projects that are not included in the two qualifications above obtain
the government guarantee?
12. VIII LEGAL DISPUTE ON POWER PLANT DEVELOPMENT
IN INDONESIA
3. Selling Price of Electricity
To expedite the negosiation process, the Government issues the Minister Regulation
of ESDM No. 3 Year 2015 for selling price of electricity from PLTU Mine Mouth, PLTU
Coal, PLTG/PLTMG and PLTA shall be determined by the highest check price, i.e., the
price when the Commercial Operation Date falls.
If the agreed price is equal to or below the highest check price, an approval may not
be required from the Minister of ESDM. However, for certain areas, PLN can make
a purchase with the price exceeding the highest check price that is required to
obtain the approval of the Minister of ESDM.
Electric power that comes from the geothermal shall be regulated by the Minister
Regulation of ESDM No. 17 Year 2014.
13. IX
First power plant operated in megaproject 35
thousand megawatt (MW), that is Gas Power Plant
Pembangkit Listrik Tenaga Gas (PLTG) Gorontalo
Saturday (16 January 2016) at 12.30 WITA, PLTG
Gorontalo has finally entered into Sulutgo electric
system interconnection with the power 25 MW
14. IX
Luhut forced Jokowi to confess target failure 35.000 MW
finished in 2019
Merdeka.com - The government started to be pessimist where 35.000 megawatt (MW) project
will successfully meet the deadline according to the target in 2019. The project is still facing two
major hindrances such as land acquisition and project location determination.
Minister of Energy and Mineral Resources, Luhut Binsar Panjaitan has admitted that even though
mega project 35.000 MW is unable to reach the goal in 2019, however, the government is still
striving to make the project successful.
“We estimate the project will be finished in 2010. We cannot lie. President must inform it. If we
received the correct data, then the policy will be enormous.” said the Minister Coordinator Luhut
at the University of Indonesia, Depok, on Wednesday (7/9).
Luhut who is also served as the minister of coordinator of maritime affirms that the remaining
capacity for 10.000 MW will be built as electricity capacity reserve. He also predicted that this
mega project will be realized in 2020. “Electricity for 35.000 MW is truly unreachable in 2019. A
number of process business are still ongoing. At least only 23.000 until 24.000 MW is successful.
But that is fine. We already work hard," Luhut said.