PPAs are entered into between a power producer and a buyer, typically large industrial consumers such as factories or malls. There are various types of agreement, each with its own structure.

Physical PPAs involve the delivery of electricity from the producer to the buyer, either via a direct connection to the generation site or by using the public grid. The on-site power generation model is becoming more common in Hungary due to recent legislative changes. In contrast, virtual PPAs do not involve physical delivery but act as a hedge against market price fluctuations, with the parties paying each other the difference between market and agreed prices, making them ideal for those wanting financial benefits without managing electricity logistics.

Physical PPAs are often pay-as-produced or baseload contracts. In a pay-as-produced PPA, the energy producer is compensated based on the actual energy metered and delivered. This structure is ideal for renewable energy sources, as producers are not penalized for lower production caused by natural factors like the lack of sunlight. Consequently, pay-as-produced PPA prices are generally lower than baseload PPAs, where the price is set at a fixed amount for a fixed volume of energy delivered, ensuring a more predictable and stable revenue stream.

Virág Lőcsei, Associate, Wolf Theiss Budapest

Risk and Reward

While PPAs offer significant opportunities for securing renewable energy, they also have certain risks. In cases where market prices exceed or fall below the price agreed upon in the PPA, the party concerned may lose on the prevailing market rate for electricity. This can be mitigated by thoroughly evaluating energy market forecasts and pricing trends before entering into an agreement.

PPAs are also subject to regulatory risks, as changes in market rules or government policies can significantly impact their viability. For instance, recent price caps introduced in European markets have forced the termination of many PPAs. Such regulatory interventions can disrupt agreed pricing structures, affect profitability, and create uncertainty for all stakeholders. Therefore, adequate contractual mechanisms are essential to cope with these regulatory risks.

Despite this, PPAs present numerous benefits, one of the most compelling being price stability. By locking in electricity prices for a certain period, counterparties can protect themselves from the volatility of energy markets, allowing for more predictable budgeting and financial planning. Another advantage is that PPAs offer access to renewable energy for buyers who might not otherwise have the infrastructure or resources to develop their own solar projects. By participating in a PPA, companies can demonstrate their commitment to reducing carbon emissions and transitioning toward a greener future.

As Hungary’s solar energy sector continues to grow, the role of PPAs will become ever more significant. For those seeking to take advantage of the renewable energy boom, understanding the different types of PPAs, assessing the associated risks, and recognizing their numerous benefits is essential. Hungary’s energy landscape will continue to evolve, so engaging with PPAs will be crucial to unlocking the full potential of the country’s solar energy revolution. In this process, legal support and counsel are essential to navigate the complexities of these agreements successfully.

This article was first published in the Budapest Business Journal print issue of October 4, 2024.