Force Majeure Issues Impacting the Power Sector

The power sector has responded rapidly to the Coronavirus pandemic by following Emergency Operations Plans, some of which specifically include responses to epidemics. The reliability of the grids across the United States has been maintained and power providers are necessary to the continued functioning of the country. It is not yet known what the fallout will be for the industry with respect to demand degradation, interruptions to supply chains, and the ability to comply with regulatory requirements under the circumstances. This article discusses force majeure clauses in various agreements that will need to be reviewed to determine the potential risk associated with counterparties in the power industry.

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