
A tolling agreement is a contract that allows the rental of a power plant from its owner. It involves a buyer supplying fuel to an electric generator, which then provides power back to the buyer. The buyer owns the fuel and has rights to its output, while the generator or power plant owner operates the equipment and maintains the power plant or generation facilities, transforming the raw fuel into usable electricity. Tolling agreements are a common feature of the energy industry, especially in the context of renewable energy projects, and can vary in duration from short-term to long-term contracts.
| Characteristics | Values |
|---|---|
| Type of contract | Rental contract |
| Parties involved | Toller (seller/generator/owner) and off-taker (renter/buyer) |
| Rights and ownership | Toller owns and operates the power generation unit; off-taker owns the fuel or has rights to its output |
| Payment structure | Fixed capacity payments, energy payments based on electricity production, or a combination of both |
| Operational control | The off-taker often retains some level of operational control over the power plant |
| Duration | Short-term or long-term |
| Purpose | To enable reliable electricity generation without the need for the off-taker to own or operate their own power plants |
| Benefits | Provides a framework for electricity generation, allowing renewable energy project owners to access generation capabilities |
| Risks | May violate antitrust laws if not carefully structured and implemented |
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What You'll Learn

The roles of the tolling customer and the toller
A tolling agreement is a contractual arrangement in the energy sector, specifically in electricity generation. It involves a tolling customer who owns the fuel or has rights to its output, contracting with a toller to convert that fuel into electricity. The tolling customer retains ownership of the fuel or its output, while the toller is responsible for the conversion process and does not have ownership rights over the electricity produced.
The tolling customer and the toller have distinct roles and responsibilities in this agreement. The tolling customer is responsible for providing the fuel or raw materials needed for electricity generation. They retain ownership of the fuel and have certain operational controls, including dispatching decisions and overall plant management, to optimize electricity production according to their requirements. The tolling customer also compensates the toller for the processing services provided, with payment structures varying based on fixed capacity payments, energy payments, or a combination of both.
On the other hand, the toller operates and maintains the power plants or generation facilities, transforming the raw fuel into usable electricity. They have the expertise and operational capabilities to efficiently and reliably convert the fuel into electricity. The toller's biggest advantage is the fixed income from the agreement, providing a good profit. However, they are responsible for maintenance and availability, with limited influence on the operational regime and upside potential from the markets.
The toller's primary role is to ensure the reliable and efficient conversion of fuel into electricity, adhering to industry standards and regulations. They have limited control over the operational aspects, as the tolling customer often retains the right to make dispatching decisions and manage the overall plant operations. The toller's income is typically fixed, ensuring a stable profit, but they may also face challenges due to limited influence on the operational regime and market risks.
In summary, the tolling customer's role involves owning the fuel, retaining some operational control, and compensating the toller, while the toller's role is focused on converting fuel into electricity, maintaining the equipment, and ensuring reliable electricity generation. The agreement provides benefits to both parties, allowing the tolling customer to access electricity generation capabilities without owning a power plant, and providing the toller with a stable income stream.
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The benefits of a tolling agreement
A tolling agreement is a contractual arrangement in the energy sector, specifically in electricity generation. It involves the processing or conversion of raw inputs, such as fuel or electricity, by a "toller" on behalf of a "tolling customer". The tolling customer owns the fuel or has rights to its output and contracts with the toller to convert that fuel into electricity.
Fixed income for tollers
Tolling agreements can provide a fixed income for tollers, which can mean good profits in the right setup across different contracts attached to an asset.
No maintenance responsibilities for off-takers
The off-taker, or tolling customer, benefits from being able to use the asset without dealing with maintenance complexities. They also have some control over the power generation unit, which can be advantageous in negative spark environments.
Access to generation capabilities without owning a power plant
Tolling agreements allow renewable energy project owners to access electricity generation capabilities without the need to own or operate their own power plants. This can be especially beneficial for companies with access to one commodity who are in need of another, as they can find a commercial model that mitigates their risk.
Flexibility in payment structures
Payment structures can vary and may include fixed capacity payments, energy payments based on electricity production, or a combination of both. This flexibility allows for provisions for adjusting payments based on performance and availability.
Regulatory oversight
In some jurisdictions, tolling agreements may be subject to regulatory oversight, which can provide additional security and reliability for all parties involved. This oversight may include considerations of pricing, market competition, or grid reliability.
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The payment structure
A tolling agreement is a contract that allows for the rental of a power plant from its owner. In a typical scenario, the buyer or tolling customer owns the fuel or has rights to its output, and they contract with the toller or generator to convert that fuel into electricity. The buyer supplies the fuel to the generator, and the generator then provides power back to the buyer.
Another payment structure is energy payments based on electricity production, where the tolling customer compensates the toller for the actual amount of electricity produced. This is similar to a merchant or profit-share contract structure, where the owner takes on all market revenue risk. In some cases, the payment structure may be a combination of fixed capacity payments and energy payments.
In the case of energy storage tolling agreements, the buyer pays for the electricity used to charge the energy storage system and receives the right to charge and discharge the system for energy and ancillary services. The storage provider receives a capacity payment, which is adjusted for the battery storage system's availability and round-trip efficiency, as well as a variable O&M payment for energy dispatched by the system.
The optimizer in a toll contract does not earn a fee but instead earns value from any upside in value on the toll level captured by trading the battery. If the traded revenue exceeds the toll, this return can be significantly higher than what would be earned through a profit-share agreement.
Tolling agreements can provide a guaranteed revenue return on assets and are an increasingly common feature in the energy industry, especially with the changing landscape and the emergence of various players in the market, such as project developers, financial investors, and operators who do not own the assets.
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Operational control
A tolling agreement is a contract that allows for the rental of a power plant from its owner. The toller (or seller) owns and operates the power generation unit, typically gas-fired, while the off-taker (or buyer) pays an agreed-upon "rent" and supplies fuel to be converted into electricity.
For example, in the case of Duke Energy Corporation, the tolling agreement enabled Duke to assume operational control over the Osprey plant, with Calpine's role limited to the mechanical operation of the facility following Duke's instructions.
The level of operational control granted to the tolling customer can vary depending on the specific terms of the tolling agreement. In some cases, the customer may have the right to make all competitively significant decisions for the plant, while in other cases, the power plant owner may retain more control over day-to-day operations.
The operational control aspect of tolling agreements allows renewable energy project owners to benefit from the expertise and operational capabilities of tollers. By entering into such agreements, project owners can have their fuel converted into electricity efficiently and reliably without the need to build and operate their own power plants.
Additionally, in the context of battery energy storage systems (BESS), the buyer often has the right to dispatch the system to provide ancillary services, such as frequency regulation, without additional compensation to the seller beyond standard capacity and variable O&M payments.
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The duration of the agreement
The duration of tolling agreements can vary depending on the specific needs of the tolling customer and the prevailing market conditions. They can range from short-term to long-term contracts. For example, Gresham House and Octopus Energy have recently announced a two-year tolling agreement for battery energy storage capacity.
The flexibility in the duration of tolling agreements is important given the rapidly changing landscape of the energy industry. Historically, tolling agreements were primarily gas conversion use cases, where renters had natural gas but needed power. Today, the energy industry involves a diverse range of players, including project developers, financial investors, and operators who do not own the assets.
The duration of a tolling agreement can impact the payment structure. For instance, under a long-term PPA-type structure, the seller is usually required to arrange for separate station service to avoid using the offtaker's electricity. Payment structures can also include fixed capacity payments, energy payments based on electricity production, or a combination of both.
In some cases, the duration of a tolling agreement may be influenced by regulatory considerations. For example, in the United States, tolling agreements between companies intending to merge must comply with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) to avoid significant financial penalties. This highlights the importance of consulting legal experts when drafting, reviewing, and negotiating tolling agreements.
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Frequently asked questions
A tolling agreement for electricity is a contract that allows for the rental of a power plant from its owner. The renter supplies the fuel and the owner converts it into electricity.
The two main roles in a tolling agreement are the toller (owner) and the off-taker (renter). The off-taker supplies the fuel and retains some level of operational control over the power plant. The toller operates the power plant and is responsible for converting the fuel into electricity.
Tolling agreements provide a framework for reliable electricity generation, allowing renewable energy project owners to access generation capabilities without the need for owning or operating their own power plants. They can also help mitigate risk in commercial models.
Payment structures can vary and may include fixed capacity payments, energy payments based on electricity production, or a combination of both. The off-taker may also have to pay for the electricity used to charge the energy storage system.
Yes, it is important to be aware of potential legal and regulatory issues. For example, in the US, a tolling agreement between two merging companies was found to violate the Hart-Scott-Rodino Antitrust Improvements Act of 1976, resulting in significant financial penalties.











































