Jennings, Strouss & Salmon attorney, Richard Lieberman, authors “Corporate Power Marriages: Special Considerations for Partial Interests in Power Production,” published in IDEA District Energy Magazine’s “From a Legal Perspective” section.
When a party fully controls its power product capacity, it can decide how to manage, maintain, improve and use those facilities. On the other hand, if a party only has contractual rights to acquire power, it is much like getting married to the other owners and operators. IDEA members should evaluate several issues before entering into contractual arrangements.
- Are the parties compatible?
- Will your company’s ownership or contractual rights be protected?
- How will the two parties manage business affairs?
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