A toll contract is a lease agreement for a power plant to its owners. These agreements give the tenant the opportunity to convert a physical product (fuel) into another commodity (electricity). This chapter explains how to determine the economic value of a power plant. For the toll party, the agreement serves as a physical guarantee of the assets to cover the electricity trading positions. At the same time, commercial assets can be used to extract the “level of volatility” or up that could be present in volatile gas and electricity markets, Feldman said. ORLANDO – As gas prices rise and electricity prices rise, more and more companies are turning to tolls to finance and share the risk of building new commercial power plants, traders say. Toll agreements are a common feature of the energy sector. Through these agreements, a buyer will supply fuel to an electric generator and in return, the generator will recover the electricity. Although widely used, the United States has recently found that such a toll agreement, when concluded between companies wishing to merge, was contrary to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, amended by 15 U.C 18a (HSR Act), which resulted in the imposition of significant financial penalties on the purchaser. In August 2014, Duke Energy Corporation (Duke) and Calpine Corporation (Calpine), a competing wholesale electricity seller in Florida, agreed to Duke`s purchase of the Osprey Energy Center (Osprey) in Florida.
The structure of the proposed transaction included a toll agreement that entrusted Duke with responsibility for determining the energy to be produced at BeiOsprey and for purchasing the fuel needed to produce that energy. Essentially, the toll agreement allowed Duke to take operational control of the Osprey plant and limited Calpine`s role to “the mechanical operation of the Osprey facility in accordance with Duke`s instructions.”  You will also receive operating and maintenance payments as well as a starting payment for the start-up of the turbine.