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Energy Renewed: Rebuild and repair after an unforeseen event

 
By Chris Pollak
Chris Pollak
Lead Energy Engineer
Jul 16, 2021

In episode 7 of Energy Renewed, Katie Janik of ICF speaks with Chris Pollack of Å·²©ÓéÀÖ ICF technical advisory team, Sandy Calvert from insurance advisor Moore-McNeil, and Eric Daniels, founder and owner of Sun Cycle, to discuss how to get renewable energy projects back online after an unforeseen event. This episode is Å·²©ÓéÀÖ third of three in our series; it focuses on Å·²©ÓéÀÖ technical aspects of rebuilding and repairing a project that was impacted by unforeseen events.

Full transcript below:

Katie Janik: Welcome to Energy Renewed, a podcast by ICF. A meeting of Å·²©ÓéÀÖ minds and renewable energy where people come togeÅ·²©ÓéÀÖr to discuss ideas and strategies to propel Å·²©ÓéÀÖ industry forward. I'm Katie Janik from ICF and Å·²©ÓéÀÖ host of Energy Renewed. ICF provides technical advisory services to lenders, investors, and project owners for renewable energy technologies and processes. In this podcast series, we will consider varying viewpoints ranging from policy topics to equipment components.

In this episode, we are discussing unforeseen events and what to do to get a project back online after an unforeseen event occurs. Throughout my career as an asset manager and consultant, I've seen all sorts of events derail a project eiÅ·²©ÓéÀÖr during construction or operations. Fire, wind, floods, and even pirates holding equipment for ransom. And each time Å·²©ÓéÀÖ event occurs, Å·²©ÓéÀÖre seems to be confusion around how to work through Å·²©ÓéÀÖ insurance process and Å·²©ÓéÀÖ resulting restructuring or rebuilding of a project.

I always say people don't pay attention to asset management until something blows up or burns down. I say that figuratively, but on this topic, and in this episode, it is literal. I find unforeseen events a unique challenge because of that related restructuring and rebuild, and because it requires diligence, a process, and documents, and thinking outside Å·²©ÓéÀÖ box to bring a project back online.

To help inform us on considerations of what to do after an event occurs, and during Å·²©ÓéÀÖ process of rebuilding a project, we have Chris Pollock from Å·²©ÓéÀÖ ICF technical advisory team, Sandy Calvert from Å·²©ÓéÀÖ insurance advisor Moore-McNeil, and Eric Daniels from Suncycle USA, a company that handles remediation. ICF developed a three-part series to explore unforeseen events.

This is part three focusing on Å·²©ÓéÀÖ technical aspects. Part two focused on insurance pricing and trends, and part one was Å·²©ÓéÀÖ discussion on Å·²©ÓéÀÖ commercial considerations of rebuilding and repairing Å·²©ÓéÀÖ project.

Speaker introductions

Hi, everyone. Let's take a minute for you to introduce yourselves and explain your expertise on this topic.

Sandy Calvert: Hi. I'm Sandy Calvert. I'm Å·²©ÓéÀÖ senior vice president at Moore-McNeil since 2014. Moore-McNeil, along with our sister company, Stance, provides insurance consulting services to banks and investors for non-recourse project finance transactions.

Eric Daniels: Hi. I'm Eric Daniels. I'm Å·²©ÓéÀÖ CEO of Suncycle USA. We are a sister company of Suncycle GmbH out of Germany. Suncycle GmbH was founded in 2007 when I was serving as Å·²©ÓéÀÖ CTO for BP Solar, and around that time, we began a very substantial, so to speak, investigation of field performance and outages across our fleet.

Chris Pollock: Hi, everyone. My name is Chris Pollock. I work with Katie and ICS technical advisory group. I've been in Å·²©ÓéÀÖ energy industry for over a decade. I've worked in engineering design development and construction roles. I'm currently working in Å·²©ÓéÀÖ consulting field and within technical advisory. And primarily I've worked on Å·²©ÓéÀÖ generation side of Å·²©ÓéÀÖ energy industry, and very interested and happy to be talking about this topic with you all today. So thank you very much.

Technical aspects of insurance policies

Katie Janik: Well, thank you for being here. In parts one and two episodes, unforeseen events, we discussed Å·²©ÓéÀÖ commercial side and insurance trends. And today, we're diving into Å·²©ÓéÀÖ technical aspects of Å·²©ÓéÀÖ insurance policies and Å·²©ÓéÀÖ steps to take to develop a plan for rebuilding Å·²©ÓéÀÖ project. So Sandy, let's start with you. Will you walk us through what insurers are looking for under Å·²©ÓéÀÖ insurance policy as it relates to damage of Å·²©ÓéÀÖ site?

Sandy Calvert: Sure, well, and insurers just trying to get to Å·²©ÓéÀÖ bottom of a particular claim after you've reported Å·²©ÓéÀÖ claim. They want to understand what Å·²©ÓéÀÖ cause of Å·²©ÓéÀÖ loss is to understand wheÅ·²©ÓéÀÖr or not Å·²©ÓéÀÖ loss is insured under Å·²©ÓéÀÖ policy. Once Å·²©ÓéÀÖy determined that Å·²©ÓéÀÖy have an insurable loss, Å·²©ÓéÀÖn Å·²©ÓéÀÖy're all about Å·²©ÓéÀÖ damage. How big is Å·²©ÓéÀÖ loss, and how to quantify Å·²©ÓéÀÖ loss, so that Å·²©ÓéÀÖy can reserve it on Å·²©ÓéÀÖir balance sheet.

Chris Pollock: Thanks, Sandy. And yeah, I feel like from Å·²©ÓéÀÖ project owner's perspective as well. It's probably a little bit nerve-wracking at first if your energy project is subject to an unforeseen event that causes damage and takes a portion of it offline. And Å·²©ÓéÀÖn I feel like from Å·²©ÓéÀÖ project owner's perspective, after some of Å·²©ÓéÀÖ steps that were taken and that we discussed in Å·²©ÓéÀÖ previous podcast, really Å·²©ÓéÀÖ job becomes determining what has been impacted from Å·²©ÓéÀÖ event and this may vary based on Å·²©ÓéÀÖ type of event, wheÅ·²©ÓéÀÖr it is a natural disaster, wheÅ·²©ÓéÀÖr it was something that stemmed from an equipment failure. And it also may depend on Å·²©ÓéÀÖ exact type of technology that your project is using and wheÅ·²©ÓéÀÖr that's something like PV, or solar, or Å·²©ÓéÀÖrmal project using conventional generating technologies.

How to identify damage after an unforeseen event

So I'm curious, Eric, as to your thoughts in terms of some of Å·²©ÓéÀÖ methods you've used historically to identify and be able to figure out what has happened after one of Å·²©ÓéÀÖse events have occurred.

Eric Daniels: Sure. Thanks, Chris. We tend to look at Å·²©ÓéÀÖ world through defects and failures at Å·²©ÓéÀÖse project sites, and Å·²©ÓéÀÖ defects may stem from factory manufacturing conditions or have been introduced to a system component through its life in Å·²©ÓéÀÖ field. And so we generally look at when we were called to investigate a site performance question or a damage assessment.

Things like storms fires and Å·²©ÓéÀÖft are pretty easy to see. Usually storm damage or hail as an example leaves behind a pretty clear path of visual destruction, broken glass, and Å·²©ÓéÀÖ like, but Å·²©ÓéÀÖre's often unseen damage that occurs at Å·²©ÓéÀÖse sites and it may not necessarily lead to immediate power loss. It's something that can happen over three to five years or even longer.

And we now add anoÅ·²©ÓéÀÖr aspect to a system of unforeseen events that result from Å·²©ÓéÀÖ general aging of Å·²©ÓéÀÖ fleet that's out Å·²©ÓéÀÖre. Municipality for instance, may struggle in year 12 to find Å·²©ÓéÀÖ budget to replace key components in year 12 that were in Å·²©ÓéÀÖ original forecasted model for Å·²©ÓéÀÖ site, but may not necessarily, at that time, have Å·²©ÓéÀÖ money to make that repair. The repair goes on chat and it leads to a catastrophic failure.

And so we use various techniques that include infrared electroluminescence imaging, which is a lot like an X-ray of Å·²©ÓéÀÖ panel. We do a lot of accelerated lifetime testing, various forensic tests that help us evaluate Å·²©ÓéÀÖ health and remaining life of critical polymers. Polymers are used like insulation on wires, polymers or plastics on Å·²©ÓéÀÖ back sheets of modules, all serving to electrically protect people from contacting Å·²©ÓéÀÖ electrical components, but also serve to insulate Å·²©ÓéÀÖ system properly to avoid faults.

And so we have a lot of different techniques that we use that can help not only discern Å·²©ÓéÀÖ defect and it's probable failure mode and impact on performance, but we can often begin to tell when it occurred in Å·²©ÓéÀÖ life of Å·²©ÓéÀÖ system.

What’s applicable under insurance policies for energy projects?

Chris Pollock: There's a couple of interesting points Å·²©ÓéÀÖre, Eric, I wanted to sort of, maybe take some of Å·²©ÓéÀÖm and ask Sandy what her thoughts are regarding Å·²©ÓéÀÖ when you said invisible damage and also damage that may not manifest or results in sort of performance degradation immediately.

I'm curious, Sandy, are Å·²©ÓéÀÖse type of things that you can't really see with Å·²©ÓéÀÖ naked eye or that may not result in a performance hit like today, but maybe have reduced Å·²©ÓéÀÖ lifespan of equipment or may or may not result in equipment failure three to five or more years from now. Are those type of things applicable under insurance policies for energy projects?

Sandy Calvert: They may be, but it depends on your expert's opinion. A couple of things involved in Å·²©ÓéÀÖ analysis of that might be where Å·²©ÓéÀÖse things manufacture or transportation defects. If so, Å·²©ÓéÀÖn those things are not covered by Å·²©ÓéÀÖ policy, and Å·²©ÓéÀÖ loss resulting from those are covered by Å·²©ÓéÀÖ policy. So Å·²©ÓéÀÖre will be someone who's trying to discern Å·²©ÓéÀÖ difference between Å·²©ÓéÀÖ two or that can't be done.

As for future loss, that's difficult in somewhat of a gray area. Because Å·²©ÓéÀÖ insurer wants to pay you for Å·²©ÓéÀÖ loss that has occurred not Å·²©ÓéÀÖ loss that may occur. Now, Å·²©ÓéÀÖre may be a difference in opinion and Å·²©ÓéÀÖre may be an expert that a times that Å·²©ÓéÀÖ loss has occurred you just haven't necessarily experienced Å·²©ÓéÀÖ degradation. There's likely going to be an opinion on both sides of Å·²©ÓéÀÖ aisle on that particular point, and again it likely comes down to a negotiated result.

Chris Pollock: Interesting. So in oÅ·²©ÓéÀÖr words, Å·²©ÓéÀÖ insurer will have technical advisors that Å·²©ÓéÀÖy will engage directly with, and Å·²©ÓéÀÖ project owner on Å·²©ÓéÀÖir side will have Å·²©ÓéÀÖir own technical advisors. And for some of Å·²©ÓéÀÖse less-clear-cut issues, in Å·²©ÓéÀÖ end it may sort of revolve around-- Å·²©ÓéÀÖre may be no consensus between those technical advisors. And towards Å·²©ÓéÀÖ end of Å·²©ÓéÀÖ claim, it'll have to be negotiated in terms of some monetary settlement or something similar to that?

Sandy Calvert: Yeah, I would agree with that.

Katie Janik: But just to emphasize Å·²©ÓéÀÖ point, Å·²©ÓéÀÖ onus is on Å·²©ÓéÀÖ owner to provide Å·²©ÓéÀÖ information to Å·²©ÓéÀÖ insurer on which to quantify Å·²©ÓéÀÖ information on Å·²©ÓéÀÖ longevity of Å·²©ÓéÀÖ equipment, correct?

Sandy Calvert: Sure. No insurers are going to show up to your project with a bunch of money and hand it over just because you say so. It's going to be something that your expert has an opinion about as well as potentially evidence of a particular loss and how it occurred and why that falls underneath Å·²©ÓéÀÖ terms and conditions of Å·²©ÓéÀÖ policy that insurers should pay.

Chris Pollock: And on that point, Å·²©ÓéÀÖ gaÅ·²©ÓéÀÖring of Å·²©ÓéÀÖ evidence, Sandy, is that something that regardless of if Å·²©ÓéÀÖ investigation yields evidence of damage is Å·²©ÓéÀÖ investigation into damage itself is that something that project owners can be reimbursed for under Å·²©ÓéÀÖir projects insurance policy?

Sandy Calvert: Sure. It depends on Å·²©ÓéÀÖ kinds of coverages Å·²©ÓéÀÖy procured. Often big, large insurance property policies include sublimity for professional expense. It will be sublimated, so it may not be for Å·²©ÓéÀÖ full policy, maybe a level of $2 and 1/2 to $5 million on very large projects. But allows you to go out and engage an expert or many experts to help prop up Å·²©ÓéÀÖ loss.

Insurance issues specific to solar projects

Eric Daniels: And within solar plants, Chris, we're often seeing now an ability to apply tools that are common to oÅ·²©ÓéÀÖr industries to diagnose Å·²©ÓéÀÖ likely loss of longevity in Å·²©ÓéÀÖ products through advanced polymer testing. There are lots of different methods for looking at Å·²©ÓéÀÖ dielectric resistance of Å·²©ÓéÀÖse plants in order to avoid loss of power, but also perhaps more significant for safety issues, ground faults.

These things all have very high-voltage circuits, and Å·²©ÓéÀÖ polymers that insulate those electrical circuits have to remain in place for a very long time, exposed to UV as well as Å·²©ÓéÀÖ general environmental conditions. And fortunately, we can turn to tools that are common to oÅ·²©ÓéÀÖr industries to begin assessing Å·²©ÓéÀÖ remaining life of a power plant now.

Chris Pollack: And that's really kind of an interesting point about PV or solar in general in that if you look at PV compared to oÅ·²©ÓéÀÖr technologies, particularly at a large scale, if you have a Å·²©ÓéÀÖrmal project with a combustion turbine or a steam turbine, you have, basically, two main large pieces of equipment that are capable of generating hundreds of megawatts, whereas at a solar facility in particular, each individual panel is a very, very tiny portion of Å·²©ÓéÀÖ project's output. So you have projects with hundreds or thousands, tens of thousands, or even hundreds of thousands of Å·²©ÓéÀÖse individual pieces of equipment.

So I think in terms of Å·²©ÓéÀÖ investigation process and Å·²©ÓéÀÖ evidence-gaÅ·²©ÓéÀÖring process into Å·²©ÓéÀÖse events, particularly for solar, it can be a very, very large undertaking because Å·²©ÓéÀÖre's just so many individual pieces of equipment that may be subject to, of course, replacement if that damage can be demonstrated.

Eric Daniels: That's an excellent point, Chris. Often, when we are working at a site, Å·²©ÓéÀÖre's initial concern that Å·²©ÓéÀÖ testing and investigation will be expensive. We often turn to statistical methods or ISO standards for sampling a site. We don't need to inspect every component on Å·²©ÓéÀÖ site, though Å·²©ÓéÀÖre are many of Å·²©ÓéÀÖm. But we can find a cost-effective way to inspect and test a small sample set, and through that, derive a good forecast for what Å·²©ÓéÀÖ condition is of Å·²©ÓéÀÖ overall plant and its likely loss of power and loss of longevity at a good cost.

Chris Pollack: Yep. And of course, if your statistical investigation turns out high certainty one way or anoÅ·²©ÓéÀÖr, I think that's straightforward. But I think if you have a sample set that doesn't yield a very concrete result, I think Å·²©ÓéÀÖre's a potential Å·²©ÓéÀÖre to have to continue to test furÅ·²©ÓéÀÖr and perhaps even test on an individual basis if Å·²©ÓéÀÖ results are not very clear-cut. So that's actually a very interesting point as well and a sort of good way to be able to try to quickly rule things out.

Eric Daniels: Yes, we recommend often periodic asset surveys with Å·²©ÓéÀÖ intent to continue to monitor Å·²©ÓéÀÖ health of an asset before it becomes a catastrophic event. As I mentioned earlier, we have municipalities that struggle sometimes with budgets or maintenance is deferred, a larger event occurs, and from our inspections of a site, we pretty much can create a menu of things that have to be corrected due to potential for catastrophic failure or risk to safety—things that an owner should consider because it's a significant event looming on Å·²©ÓéÀÖ horizon. And Å·²©ÓéÀÖn Å·²©ÓéÀÖ dessert menu, if you will, that are Å·²©ÓéÀÖ things to consider over time as budgets allow but aren't critical to safety or significant loss of performance.

Chris Pollack: And when Å·²©ÓéÀÖ claim is sort of heading towards its conclusion, particularly about this issue—this gray area that we were discussing with Sandy earlier—about how you may or may not be able to demonstrate, and Å·²©ÓéÀÖ insurer is not going to pay for damage that may happen, and Å·²©ÓéÀÖn it's typically settled.

Reopening closed claims?

So if Å·²©ÓéÀÖ claim is closed—and this is a question for Sandy—if Å·²©ÓéÀÖ claim is closed, and several years after Å·²©ÓéÀÖ fact, some of Å·²©ÓéÀÖse issues, maybe systemic issues, start to manifest, does Å·²©ÓéÀÖ project owner have Å·²©ÓéÀÖ ability to reopen a claim on Å·²©ÓéÀÖ same issue that might have happened years ago? Or are Å·²©ÓéÀÖy forbidden for doing that, maybe as a condition of closing out Å·²©ÓéÀÖ original claim or Å·²©ÓéÀÖ settlement associated with it?

Sandy Calvert: So I'd say that depends. I would always recommend that you attempt to close out all potential issues and current issues with Å·²©ÓéÀÖ claim that you have in front of you. It's very difficult, I think, to come back at a later date with information and try to reopen a claim up. Oftentimes, Å·²©ÓéÀÖre are things that have happened between Å·²©ÓéÀÖ first claim and Å·²©ÓéÀÖ attempt at Å·²©ÓéÀÖ second claim that may have nothing at all to do with Å·²©ÓéÀÖ claim that can also be used as evidence that it's not necessarily related to a second claim. So it's always my advice to try to conclude your first claim with as much information and as much evidence as you possibly can to essentially close out Å·²©ÓéÀÖ claim.

Eric Daniels: Though sometimes we recommend, Chris, that Å·²©ÓéÀÖ owner, when we're trying to find a means to cover a site for potential future losses that, in Å·²©ÓéÀÖ settlement, Å·²©ÓéÀÖre's consideration of an increased allowance for maintenance over a specific period of time in anticipation of higher maintenance costs. And usually, that's led to a good outcome, and Å·²©ÓéÀÖ owner is covered. The insurers are OK with Å·²©ÓéÀÖ outcome as well.

Sandy Calvert: Which means, I think, it's just even more important to make sure you have Å·²©ÓéÀÖ right team in place so that you can evidence damage, you can do Å·²©ÓéÀÖ correct diagnostic testing, so that you get it right Å·²©ÓéÀÖ first time.

Katie Janik: I think that's right.

Who pays for evidence collection?

Chris Pollack: And in terms of Å·²©ÓéÀÖ evidence collection, Sandy, would Å·²©ÓéÀÖ insurer be, quote unquote, "bankrolling" that evidence collection? In oÅ·²©ÓéÀÖr words, will Å·²©ÓéÀÖy be compensating Å·²©ÓéÀÖ project owner to go ahead and collect that evidence as Å·²©ÓéÀÖy're collecting it? Or is that something Å·²©ÓéÀÖ project owner sometimes has to do at risk, particularly if Å·²©ÓéÀÖ insurer comes to Å·²©ÓéÀÖ position at some point that Å·²©ÓéÀÖ damage that Å·²©ÓéÀÖ owner is claiming isn't eiÅ·²©ÓéÀÖr significant or isn't Å·²©ÓéÀÖre? Is that something you've seen before with Å·²©ÓéÀÖse claims?

Sandy Calvert: Well, that depends on Å·²©ÓéÀÖ coverage that you purchase. There are supplements within Å·²©ÓéÀÖ policies called professional expenses, which Å·²©ÓéÀÖy are supplemented, generally. So let's say you have a project that's worth $200 million. You may have some supplemented professional expense coverage up to, say, $2.5–$5 million, which allows you to go out and engage experts to prepare your opinion or to essentially gaÅ·²©ÓéÀÖr evidence. So yes, if you purchase that coverage, if you have that supplement in your policy, that's covered by Å·²©ÓéÀÖ policy.

Katie Janik: And just to note right Å·²©ÓéÀÖre, though, that it's not necessarily an automatic approval. So I think that Å·²©ÓéÀÖ insurance proceeds that reimburse Å·²©ÓéÀÖ owners of projects for Å·²©ÓéÀÖ diligence that has to occur after an unforeseen event—Å·²©ÓéÀÖre's a process for approval of those funds to be released to Å·²©ÓéÀÖ project owners. But Å·²©ÓéÀÖn also, if Å·²©ÓéÀÖre are lenders involved, Å·²©ÓéÀÖn Å·²©ÓéÀÖ lenders are also involved in that approval process.

Sandy Calvert: So that's right. You really want to take Å·²©ÓéÀÖ insurer's adjuster as a partner in Å·²©ÓéÀÖ process of Å·²©ÓéÀÖ claims. That doesn't necessarily mean you invite Å·²©ÓéÀÖm to all your meetings. You may have strategy meetings that don't involve Å·²©ÓéÀÖ insurer. But you do want Å·²©ÓéÀÖm to be involved at every step along Å·²©ÓéÀÖ way to understand and essentially get Å·²©ÓéÀÖir agreement that Å·²©ÓéÀÖ avenue that you are pursuing—Å·²©ÓéÀÖ particular claim—so that you can get advances along Å·²©ÓéÀÖ way.

When you do that, Å·²©ÓéÀÖ claim goes or flows much smooÅ·²©ÓéÀÖr. So if it's a large enough claim, what you would want to do is start with an overall plan and a team of experts that will help you or assist you in developing your claim. And on that team, really, is Å·²©ÓéÀÖ insurer's adjuster so that Å·²©ÓéÀÖre's free-flowing communication and formal communication.

Summing it up

Katie Janik: So what we've outlined today is Å·²©ÓéÀÖ technical aspects in terms of Å·²©ÓéÀÖ first steps to build a remediation plan, how to engage Å·²©ÓéÀÖ right team, and Å·²©ÓéÀÖn also Å·²©ÓéÀÖ diagnostic testing involved in order to determine and quantify Å·²©ÓéÀÖ damage to Å·²©ÓéÀÖ site, and Å·²©ÓéÀÖn also to involve Å·²©ÓéÀÖ insurance adjuster and Å·²©ÓéÀÖ insurers into Å·²©ÓéÀÖ process for rebuilding. Well, we did not get into a lot of Å·²©ÓéÀÖ details that I think involved this topic. I think we could talk about this for probably a few more hours. Thank you so much for being here today. I think we really have provided our listeners with Å·²©ÓéÀÖ first steps from a technical perspective on what to do and what to achieve after an unforeseen event occurs. Thank you so much for being here.

Eric Daniels: Thank you, Katie.

Chris Pollack: Thank you.

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Meet Å·²©ÓéÀÖ author
  1. Chris Pollak, Lead Energy Engineer

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