Investor Presentaiton
REGULATION
MEMR Reg. No. 10/2018: Improvements on PPA regulation
but some risks to private investors
Jan
2017
MR No.10/2017
Negatively viewed by private players:
BOOT scheme, risk allocation,
tougher penalties, restricted transfer of
ownership before COD.
Aug
2017
MR No.49/2017
More positive response:
Revocation of government force
majeure.
Feb
2018
MR No.10/2018
Revocation of changes in law and
regulation force majeure.
The Ministry Regulation No.10/2018 which amended the Ministry Regulation No.10/2017 revokes the government force majeure (FM) from the
clauses, providing more contract certainty for IPPs. However, other major issues such as the risk allocation of natural FM, BOOT scheme, and
penalty for IPPs remain. At this situation, PLN is not required to pay termination payments when natural FM causes long-term interruptions.
PLN, instead, may extend the PPA by the length of time of disaster. Nevertheless, it is important to note that this regulation excludes the
intermittent renewables (solar and wind), small hydro (<10 MW), biogas, and waste to energy power plants.
IESR (Institute for Essential Services Reform) | www.iesr.or.id
20
20View entire presentation