Outlook for Renewable Energy Markets: Implications for development, finance, infrastructure and law. Kevin Lapidus

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1 Outlook for Renewable Energy Markets: Implications for development, finance, infrastructure and law Kevin Lapidus Sr. Vice President and General Counsel Sun Edison LLC October 2, 2009

2 SunEdison 2 North America s largest solar energy services provider. Finances, installs, operates, monitors and maintains PV power plants at customer facilities, including rooftop and ground-mounted systems systems and 78+ megawatts (MWs) under management worldwide, more than 1,000 gigawatt hours (GWhs) under contract. Operates across a global marketplace. Fully managed, predictably priced solar energy services with no capital outlay for customers. Government, utility and commercial clients, including: National Renewable Energy Lab (NREL) (a division of the Department of Energy) California Department of General Services Xcel Energy. Duke Energy Kohl s Department Stores Staples, Inc. Whole Foods Markets

3 The Solar Power & Services Business Model SunEdison s Solar Power & Services Agreement (SPSA). Simple Customer pays for energy, not equipment. Predictable long-term energy pricing Contractually fixed pricing, with fixed escalator based on historical increases in utility rates. SPSA kwh rate equal to or below utility s rate. Aligns interests The more electricity the solar electric system produces, the less energy the customer buys from the grid. SunEdison benefits from maximizing system output for entire contract term. Service based SunEdison performs monitoring, operations & maintenance. Financially efficient Regulatory incentives are fully maximized. - Federal Investment Tax Credit. - State incentives, e.g.:» Production-based incentives ($/kwh generated).» Renewable energy credit (REC) sales to meet state RPS. 3

4 Solar Incentives For now, solar depends on government and utility incentives. Globally: European, Canadian markets have traditionally relied on feed-in tariffs (FITs). Utilities required to purchase solar electricity at fixed (usually above-market) kwh rate under long-term tariff arrangement. Spur rapid installation, industry growth. Economically inefficient. FIT structures being overhauled in Canada, Spain, causing market uncertainty. At the national level: Federal Investment Tax Credit (ITC). 30% tax credit for investment in solar energy equipment (now eligible for a grant in lieu of a tax credit). Extended for 8 years under TARP legislation in October ITC now available for use by Investor Owned Utilities (IOUs). 4

5 Solar Incentives, continued At the state level: Balkanized incentive structures force solar developers to develop state-by-state economic models and strategies. Production-based incentives (California). $/kw installed grants/rebates (Connecticut, Wisconsin). Tax credits (Oregon, North Carolina). Market-based REC trading based on mandatory renewable portfolio standards (RPS) (New Jersey, Maryland). Impact of economic crisis on state incentives for solar is not yet clear. Some states ran out of funding for incentives before the crisis hit simply because their programs were so popular (e.g., Connecticut Clean Energy Fund). 1 REC-only programs not affected. California claims its incentive program isn t threatened. 2 1 Ucilia Wang, Budget Shortfalls Could Shrink States Solar Incentives, greentechmedia, Jan. 14, 2009, 2 Id. 5

6 United States Markets WA OR NV CA ID UT AZ MT WY CO NM ND SD NE KS OK TX VT MN WI IA IL MO AR MI IN OH WV KY TN SC MS AL GA LA PA VA NC NH NY ME MA RI CT NJ DE MD DC Sales Activity / Potential Tier O Primary sales areas FL Tier 1 New business areas in 1 2 years AK Tier 2 - Potential new business areas in 3 4 years HI Updated:6/10/09 6

7 Current State of Tax Equity for Solar Traditionally, banks have funded solar projects in exchange for the 30% federal ITC. Shake up in financial markets has chilled tax equity market. 2007: $5.4 billion : $5.5 billion :? Approximately 18 tax equity investors active in renewable energy during the past two years -- only four are active as of today. 3 Utilities are also now eligible to take the ITC. Solar capital markets are still open new deals are being funded. Solar is in a better position than wind energy because solar developers can aggregate multiple small projects. Cash in lieu of ITCc is facilitating financing transactions. Solar technology stability and dependability. Solar generation predictability. Distributed generation does not require new transmission and distribution lines. Shorter construction cycle. DOE loan guaranty program what will be the impact? 1 Adam Aston, Will Green Energy Wilt from Lack of Funds?, BusinessWeek, Feb. 3, 2009, available at +temp_news+%2b+analysis 2 Id. 3 Trends in Tax Equity for Renewable Energy, Project Finance NewsWire (Chadbourne & Parke LLP), Jan. 2009, at 27. 7

8 Proposed Stimulus Legislation Project Finance Stimulus Legislation Project Finance Cash grant in lieu of investment tax credits. Property placed in service in 2009 and Treasury to administer. Payment within 60 days. Tax-exempt entities not eligible. Fifty percent bonus depreciation for Loan guarantees. Financial institution partnership program. 20% equity. Loan guaranty for up to 80% of the project debt. Production Tax Credits (PTCs) can be converted to ITCs. Wind, biomass, geothermal, landfill gas, trash, qualified hydropower and marine renewable energy. 8

9 Solar Industry Trends Increased use of distributed generation due to lack of excess transmission. Increased participation by investor owned utilities as solar facility owners: Duke Energy: $50 million NC program. 1 Southern California Edison: 250MW rooftop program. 2 PSEG $773 million NJ program. 3 Will PUCs support utility-owned solar systems? Is this the most cost-effective means? Are PPAs cheaper for rate payers? Are IOUs crowding out growth and ingenuity in the solar market by owning generation? 1 Bruce Henderson, State approves Duke Energy s solar plan, The News & Observer, Jan. 1, 2009, available at 2 Press Release, Edison International, Southern California Edison Launches Nation s Largest Solar Panel Installation (Mar. 27, 2008), available at 3 Press Release, PSEG, PSE&G Proposes $773 Million Solar Energy Program, Feb. 10, 2009, 9

10 Solar Industry Trends, continued Effect of change to grant in lieu of ITC in stimulus bill. Who will enter the project finance market? Still have accelerated depreciation tax footprint. Affect on the project finance market of new renewable power technologies in grant program? Continued decline in price of solar modules. Project finance slowdown and reduction in incentives in international markets (e.g., Spain, Germany) has resulted in a potential oversupply of modules on the market. Silicon prices down. Changes in market power: developer v. module manufacturer. 10

11 Thank you! Questions? Kevin Lapidus Sr. Vice President & General Counsel 11

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