Achats d'énergiesCoût Global - Facturation énergétique (ERE)

Know: • Measure the impact of the consumption forecast in the proposed price • What risks for what price? Who pays the risk? • Anticipate and position against the end of contracts • Major criteria for its procurement and consultation strategy • Identify negotiating levers • Tariff components • Call for tender management • Duration of contracts • Clauses and indexes • Negotiate energy supply contracts • Mastering the signing and contracting process • Possible renegotiation axes with or without changing energy suppliers • The clauses to be negotiated

Master: • Be able to control and contract the purchase of energy within a company

Presentation of the course and the speaker (objectives, rules...)
Definition Energy, type of energy source, energy process, Energy line, energy balance sheets, units of measurement. CAPEX, OPEX and TCO. A purchase is a contract! Energy purchases, investments and international business contexts share control over contracts. Breakdown of a contract : Identification of stakeholders Description and functional and/or technical specifications Flat rate (indexing and TCO), refundable cost, other Failure management, duration clauses, services, rapid response, network clearing... Risk of litigation, major force cases (Suspensive clauses) (e.g. integration of identified risks) Expected breakdowns and litigation (e.g. integration of identified risks) Framework rules for arbitration, mediation Obligation of means and results. Typical purchase contracts: Fixed price contracts, fixed price contracts with interest, fixed price contracts with price indexation (indexing clauses). The choice of an index, Allowable clauses, Prohibited clauses and payment deadlines Contracts with fixed fees, Contracts with interest, Contracts with merit award, Contracts with parts and labour. Environmental Regulatory Risks, Default and Litigation Management (Suspended Claims, Breaks) Risk control is essential : Risks of proceeding before a court and to a "host" country The Energy Charter and ICSID Reference Treaty Multi-party contract and multi-contract. Ex: Oil contract matrix: concept of risk sharing List the risks in charge of the supplier and the risks taken into account. Preparation of a tender : Introduction to SWOT analyses Conduct a risk analysis on identified threats. Writing a consultation specifications Attention to "pathological" clauses Making a call for tenders : Rules of ethics and why, Establish common rules (avoid any challenge) Writing a consultation specifications (explanation with suppliers) Establish a bidding schedule (short deadlines = optimisation of procedure but not prices?) Technical smoothing if necessary. Presentation of the first offers, Establish a " podium", Technico-economic smoothing. Final choice (the "less saying" vs "best saying") The price is determined to choose its supplier but without forgetting the quality of service of the latter), Feedback to participants, Signature Nature of market (monopolistic, oligopolistic, cartel, captive) Negotiations (cooperation, competition, ICC techniques,) During the course of the contract : Monitoring of benefits and their quality (return from experience) Risk monitoring, Renegotiation Positioning at the end of the contract Deepening 1: New economic model of purchase: LOA Deepening 2: Blockchain and smartcontract Deepening 3: Case study of a dispute: Vattenfall v Federal Republic of Germany (ICSID)

TD1 Know the standard energy supply contracts Ex: TURPE: breakdown of supply costs. Level of price impact of consumption Working group: SWOT + risk analysis - Restitution of groups TD2 case study: Hydrogen terminals : Group + group return TD3 case study: Creation of a tender : Group + group return

Conclusion: clear and controlled risk exposure (accepted, delegated, insured), price vs quality (Feedback sheets)

Table Control (Duration 1h) + Continuous Control