Methods, systems and agreements for increasing the likelihood of repayments under a financing agreement for renewable energy equipment

• US 7,698,219 B2
• Filed: 05/18/2007
• Issued: 04/13/2010
• Est. Priority Date: 01/12/2007
• Status: Active Grant

• Current Assignee: Spruce IP Properties LLC (Spruce Power Holding Corp.)
• Original Assignee: Clean Power Finance, Inc. (Spruce Power Holding Corp.)
• Inventors: Kremen, Gary, Coleman, David G.
• Primary Examiner(s): Abdi; Kambiz
• Assistant Examiner(s): Swartz; Jamie H
• Application Number:
  US11/750,941
• Publication Number:
  US 20080172346A1
• Time in Patent Office: 1,061 Days
• Field of Search: 705/1, 705/40, 705/35, 705/36.R, 705/291
• US Class Current: 705/40
• CPC Class Codes: G06Q 20/102 Bill distribution or payments
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/02 Banking, e.g. interest calculation or account maintenance credit or loans G06Q40/03
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis
• CPC Class Codes: G06Q 50/06 Energy or water supply
• CPC Class Codes: Y04S 10/50 Systems or methods supporting the power network operation or management, involving a certain degree of interaction with the load-side end user applications
• CPC Class Codes: Y04S 50/12 Billing, invoicing, buying or selling transactions or other related activities, e.g. cost or usage evaluation

Abstract

A business method is disclosed of increasing the probability of timely receiving payment for financing renewable energy consumer premises equipment (CPE) by a consumer for power generation at a consumer premises, the renewable energy CPE adapted to deliver power onto a power grid. The method comprises creating an agreement between a consumer and an entity financing renewable energy CPE, wherein creating the agreement includes creating a provision that allows the entity to control power at the consumer premises if a default of the agreement by the consumer occurs.

Claims

1. A method for increasing probability of timely receiving payment for providing financing for renewable energy consumer premises equipment (CPE) for power generation at a consumer premises, the renewable energy CPE adapted to deliver power onto the consumer premises and a power grid, the method comprising:

providing financing for the renewable energy CPE by a non-utility entity under an agreement between the non-utility entity and the consumer;

securing the financing based on monetary value of the power generated by the CPE rather than solely based on equity of the consumer premises under the agreement;

granting the non-utility entity a right to control operation of the CPE and any power generated by the CPE using a shut-off control device coupled with the CPE upon default by the consumer under the agreement, the shut-off control device configured to control power delivery at the consumer premises including allowing power to flow from the CPE to the consumer premises and the power grid and preventing power from flowing from the CPE to the consumer premises and the power grid;

monitoring by a computer consumer financial information to detect a default by the consumer under the agreement; and

upon default by the consumer under the agreement, controlling the operation of the CPE and any power generated by the CPE by the non-utility entity by means of the shut-off control device.

2. The method of claim 1 further comprising creating a financial instrument as the agreement.

3. The method of claim 2 wherein creating the financial instrument includes creating a power purchase agreement in which the consumer makes payments to the non-utility entity for power generated by the renewable energy CPE.

4. The method of claim 2 wherein creating the financial instrument includes creating the agreement in which the non-utility entity provides a loan to the consumer for the consumer'"'"'s purchase of the renewable energy CPE and the consumer makes payments to the non-utility entity for repayment of the loan for the renewable energy CPE.

5. The method of claim 1 further comprising granting an easement to the non-utility entity to continue operation of the renewable energy CPE at the consumer premises for a benefit of the non-utility entity.

6. The method of claim 1 further comprising granting an easement to the non-utility entity to continue operation of the CPE at the consumer premises for the benefit of the non-utility entity as well as the consumer.

7. The method of claim 1 wherein controlling includes shutting off a first portion of the consumer'"'"'s power that is generated by the renewable energy CPE.

8. The method of claim 1 wherein controlling includes shutting off a second portion of the consumer'"'"'s power that is received from a power grid.

9. The method of claim 8 wherein shutting off a second portion of the consumer'"'"'s power includes removing a component that couples power from the power grid to the consumer and the renewable energy CPE to the power grid.

10. The method of claim 8 wherein the shutting off includes disconnecting leads of the power grid that are connected to the CPE.

11. The method of claim 1 further comprising requiring a plurality of payments by the consumer to the non-utility entity incrementally over a period of time until a loan is repaid in full under the agreement.

12. The method of claim 1 further comprising maintaining insurance or a bond for the renewable energy CPE by the consumer under the agreement.

13. The method of claim 12 wherein the insurance includes fire and/or liability insurance.

14. The method of claim 11 further comprising detecting a default by the consumer under the agreement by failing to make a payment by a due date.

15. The method of claim 1 further comprising requiring paying real property taxes by the consumer for the consumer'"'"'s premises upon which the renewable energy CPE is disposed under the agreement.

16. The method of claim 15 further comprising detecting default under the agreement by the consumer'"'"'s failing to pay the real property taxes.

17. The method of claim 1 further comprising requiring maintaining by the consumer a right of way to access the CPE under the agreement.

18. The method of claim 17 further comprising detecting a default under the agreement for the consumer'"'"'s failure to maintain the right of way to access the CPE.

19. The method of claim 1 further comprising recording the agreement at an appropriate government recordation office.

20. The method of claim 19 wherein the appropriate government recordation office is a county recorders office, secretary of state or a department of corporations.

21. The method of claim 1 further comprising providing a power of attorney under the agreement governing communication between the consumer and a utility company.

22. The method of claim 1 further comprising providing a power of attorney under the agreement governing all communication between the consumer and a relevant public utility commission.

23. The method of claim 21 wherein the power of attorney is irrevocable.

24. The method of claim 22 wherein the power of attorney is irrevocable.

25. The method of claim 1 further comprising providing an easement under the agreement to permit access to the renewable energy CPE.

26. The method of claim 25 wherein the easement includes a right of the non-utility entity or the non-utility entity'"'"'s agent to shut off the power by disabling the renewable energy CPE or any other equipment on a consumer side of a meter.

27. The method of claim 26 wherein the agent is a trustee in a deed of trust.

28. The method of claim 26 further comprising recording the easement in the agreement in an appropriate governmental recording office.

29. The method of claim 1 further comprising providing a right for the non-utility entity under the agreement to communicate with a utility and to require that the utility shut off the power supplied to the consumer by the utility.

30. The method of claim 29 wherein the right to require that the utility shut off the power is irrevocable.

31. The method of claim 1 further comprising creating an electronic recordation of execution of the agreement for evidentiary reasons.

32. The method of claim 31 wherein the electronic recordation includes videotape.

33. The method of claim 1 further comprising notarizing the agreement.

34. The method of claim 1 further comprising obtaining a medallion signature guarantee for the agreement.

35. The method of claim 1 wherein the shut-off control device is adapted to be controlled by the non-utility entity or any authorized third party remotely from real property on which the renewable energy CPE is disposed.

37. The method of claim 1 further comprising detecting a default wherein the default includes violating the consumer'"'"'s obligations to the non-utility entity under the agreement.

38. The method of claim 1 further comprising requiring notifying by the consumer to the non-utility entity that there is a legal reason why power should not be shut off under the agreement.

39. The method of claim 38 wherein notifying by the consumer to the non-utility entity includes a notifying by specific email or postal mail address to which the notification must be sent.

40. The method of claim 38 wherein the legal reason is someone on life support equipment tied into the power.

41. The method of claim 1 wherein the renewable energy CPE includes solar equipment.

42. The method of claim 1 further comprising requiring avoiding tampering with any meter associated with the CPE on the consumer'"'"'s premises for measuring power consumption or power generation or both under the agreement.

43. The method of claim 42 further comprising detecting a default when the consumer tampered with any meter associated with the CPE on the consumer'"'"'s premises.

44. The method of claim 1 further comprising requiring the consumer to pay appropriate personal property taxes for the CPE under the agreement.

45. The method of claim 44 further comprising detecting a default for consumer'"'"'s failure to pay appropriate personal property taxes for the CPE.

46. The method of claim 1 further comprising permitting the non-utility entity'"'"'s right to access the CPE under the agreement.

47. The method of claim 46 wherein the right to access is an easement.

48. The method of claim 46 wherein the right to access is a license.

49. The method of claim 46 wherein the right to access the CPE includes the right to access the CPE locally and/or remotely away from the consumer'"'"'s premises.

36. The method of clam 1 wherein the shut-off control device is adapted to be controlled by the non-utility entity or any authorized third party locally on the premises of the consumer.

50. A method for enforcing payment of a power purchase agreement (PPA) for renewable energy using consumer premises equipment (CPE) by a consumer for power generation at a consumer premises to a non-utility entity purchasing the CPE, the CPE adapted to deliver power onto the consumer premises and a power grid, the method comprising:

creating the power purchase agreement in which the consumer agrees to purchase from the non-utility entity power generated by the CPE for a period of time and the PPA is secured based at least in part on monetary value of the power generated by the CPE over the period of time rather than based on equity of the consumer premises, wherein the PPA includes a provision providing the non-utility entity with an easement to permit access to the CPE and a right to prevent power generated by the CPE from being delivered to the customer consumer premises and the power grid when a default of the PPA occurs by the consumer using a shut-off control device coupled with the CPE, the shut-off control device configured to control power delivery at the consumer premises using codes sent to the shut-off control device by the non-utility entity, the codes including activation codes to allow power to flow from the CPE to the consumer premises and the power grid, and deactivation codes to prevent power from flowing from the CPE to the consumer premises and the power grid;

providing the consumer power from the CPE when the consumer is performing under the PPA;

monitoring by a computer consumer financial information to detect a default by the consumer under the agreement; and

upon default of the PPA by the consumer, preventing power generated by the CPE from being delivered using the shut-off control device by sending the deactivation codes to the shut-off control device to cause the shut-off control device to prevent power from flowing to the consumer premises and the power grid.

51. The method of claim 50 wherein the PPA includes a provision requiring the consumer to make payments incrementally over the period of time to the non-utility entity to pay for power generated by the CPE and received by the customer.

52. The method of claim 51 wherein the default includes a failure to make at least one payment to the non-utility entity by a due date for power used by the consumer and generated by the CPE.

53. The method of claim 50 wherein the default includes any breach by the consumer of a provision of the PPA.

54. The method of claim 50 further comprising recording the agreement at an appropriate government recordation office.

55. The method of claim 50 wherein the PPA includes a provision in the form of a power of attorney.

56. The method of claim 55 wherein the power of attorney governs all communication between the consumer and a utility.

57. The method of claim 55 wherein the power of attorney governs all communication between the consumer and the relevant public utility commission.

58. The method of claim 55 wherein the power of attorney is irrevocable.

59. The method of claim 50 wherein the PPA includes a provision providing the non-utility entity and its agent with the right to prevent power generated by the CPE from being delivered to the customer by disabling the CPE or any other equipment on the consumer'"'"'s side of a meter connected to a power grid.

60. The method of claim 50 further comprising recording the easement.

61. The method of claim 50 wherein creating the PPA includes creating the non-utility entity'"'"'s right and authority to shut off power supplied from a power grid.

62. The method of claim 50 further comprising creating a videotape of execution of the agreement for evidentiary reasons.

63. The method of claim 50 further comprising notarizing the agreement.

64. The method of claim 50 wherein the CPE includes a device for interrupting power that is adapted to be controlled by the non-utility entity or any authorized third party remotely from the consumer'"'"'s premises.

65. The method of claim 50 wherein the PPA includes a provision wherein the consumer is required to notify the non-utility entity if there is a legal reason why power must not be shut off.

66. The method of claim 65 wherein the legal reason is someone is on life support equipment that requires the power for operation.

67. The method of claim 50 wherein the renewable energy CPE includes solar equipment.

68. A method of controlling power generated by renewable energy consumer premises equipment (CPE) on the premises of a consumer, the renewable energy CPE adapted to deliver power onto a power grid or to the consumer'"'"'s premises, the method comprising:

providing financing to the consumer for the renewable energy CPE by a non-utility entity;

securing the financing based on monetary value of the power generated by the CPE;

granting the non-utility entity a right to control operation of the CPE using a shut-off control device coupled with the CPE, wherein controlling the operation of the CPE includes preventing power from flowing from the CPE to the consumer premises and the power grid upon default by the consumer under an agreement about the financing;

monitoring by a computer consumer financial information to detect a default by the consumer of the financing provided to the consumer for the renewable energy CPE; and

controlling the operation of the CPE and any power generated by the CPE using a shut-off control device, upon detecting a default by the consumer by the computer.

69. The method of claim 68, wherein monitoring includes monitoring by the processor for detecting the default by the consumer.

70. The method of claim 68, further comprising, upon detecting the default by the consumer, generating a notice of the default.

71. The method of claim 68, wherein controlling includes controlling the operation of the CPE and power generated by the CPE electronically, mechanically or a combination of electronically and mechanically.

72. The method of claim 71, wherein electronically controlling the operation includes shutting the CPE off remotely using deactivation codes.

73. The method of claim 69, wherein the default includes a default in timely payment by the consumer for the financing provided by the non-utility entity and monitoring includes monitoring for timely payment by the consumer for the financing by the non-utility entity.

74. The method of claim 69, wherein the default includes a default in the timely payment by the consumer of insurance premiums relating to the CPE and monitoring includes monitoring for timely payment by the consumer of the insurance premiums relating to the CPE.

75. The method of claim 68, wherein controlling includes disabling the CPE to prevent the CPE from generating power for the consumer.

76. The method of claim 68, wherein controlling includes selectively switching the CPE from a state in which the CPE generates power to a state in which the CPE is prevented from generating power for the consumer.

77. The method of claim 68, wherein controlling includes accessing the CPE by way of an easement.

78. The method of claim 68, wherein controlling includes intervening in the generation of power by the CPE to the consumer.

79. The method of claim 68, wherein providing financing includes financing the purchase of the CPE by the consumer or financing the use of the CPE by the consumer pursuant to a power purchase agreement.

80. The method of claim 69, wherein the financing default includes a default in the timely payment by the consumer of tax payments relating to CPE.

85. The method of claim 68, wherein controlling includes controlling the operation of the CPE and power generated by the CPE mechanically.

86. The method of claim 71, wherein mechanically controlling the operation includes shutting the CPE off by a human using a switch.

81. A system for increasing the probability of timely receiving payment under an agreement between a consumer and a non-utility entity for providing financing for renewable energy consumer premises equipment (CPE) for power generation at a consumer premises, the renewable energy CPE adapted to deliver power onto a power grid or to the consumer'"'"'s premises, the system comprising:

a computer for monitoring consumer financial information for the non-utility entity to detect a default by the consumer in accordance with the agreement;

a shut-off control device coupled with the CPE for controlling the operation of the CPE and any power generated by the CPE upon a default detected by the computer; and

wherein the financing for the CPE is secured based on monetary value of the power generated by the CPE, and wherein the operation of the CPE is controllable based upon default by the consumer under the agreement.

82. The system of claim 81, wherein the processor monitors a to detect the default.

83. The system of claim 81, wherein the control device includes a switch for a human to switch the control device off to prevent the CPE from generating power for the consumer.

84. The system of claim 81, wherein the control device is configured to be remotely controlled to prevent the CPE from generating power.