Bilateral Power Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Bilateral Power Purchase Agreement

"I need a Bilateral Power Purchase Agreement for a 50MW solar facility in Queensland, with delivery starting March 2025, where we are the generator selling to a large industrial customer, including provisions for Large-scale Generation Certificates and a minimum take-or-pay obligation."

Document background
The Bilateral Power Purchase Agreement (PPA) is a crucial commercial agreement used in the Australian energy market to establish a direct contractual relationship between electricity generators and buyers. This document is particularly relevant for renewable energy projects, corporate energy procurement, and industrial power users seeking to secure long-term electricity supply at predictable prices. The agreement must comply with the National Electricity Law, National Electricity Rules, and relevant state-specific regulations. It typically includes detailed provisions for energy pricing, delivery obligations, performance standards, and risk allocation, while accommodating specific requirements of the Australian electricity market structure. PPAs have become increasingly important in Australia's energy transition, supporting the development of new generation projects and helping large consumers meet their sustainability goals.
Suggested Sections

1. Parties: Identification of the power seller/generator and buyer/offtaker

2. Background: Context of the agreement including facility details and purpose

3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents

4. Term and Conditions Precedent: Duration of agreement and conditions that must be satisfied before the agreement becomes effective

5. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase commitments

6. Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures

7. Metering and Recording: Requirements for measuring and recording electricity supply

8. Generator Obligations: Specific obligations of the generating party including maintenance and operations

9. Buyer Obligations: Specific obligations of the purchasing party

10. Connection and Delivery: Requirements for grid connection and electricity delivery

11. Force Majeure: Events excusing performance and associated procedures

12. Default and Termination: Events of default, remedies, and termination procedures

13. Liability and Indemnities: Risk allocation between parties and limitation of liability

14. Dispute Resolution: Procedures for resolving disputes between parties

15. Confidentiality: Protection of confidential information

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Green Products and Environmental Attributes: Include when the PPA involves renewable energy certificates or other environmental attributes

2. Performance Security: Include when either party is required to provide security for their obligations

3. Change in Law: Include when specific provisions for regulatory changes are needed, particularly for long-term PPAs

4. Market Interface: Include when specific provisions regarding interface with the National Electricity Market are required

5. Insurance: Include when specific insurance requirements need to be detailed

6. Project Finance: Include when the facility is project financed and requires specific provisions for lenders

7. Construction and Commissioning: Include when the facility is not yet operational

8. Forecasting and Scheduling: Include for variable renewable energy sources requiring specific forecasting obligations

Suggested Schedules

1. Facility Description: Technical details of the generating facility

2. Testing and Commissioning Procedures: Procedures for facility testing and commissioning

3. Performance Specifications: Technical specifications and performance requirements

4. Pricing and Payment Calculations: Detailed pricing formulas and calculation methodologies

5. Operating Parameters: Operational requirements and parameters

6. Metering Specifications: Technical requirements for metering equipment and procedures

7. Form of Performance Security: Template for any required performance security documents

8. Key Personnel: Contact details for key personnel from both parties

9. Insurance Requirements: Detailed insurance requirements and specifications

10. Form of Direct Agreement: Template agreement between buyer and project finance lenders if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Energy & Utilities

Renewable Energy

Manufacturing

Mining

Data Centers

Real Estate

Industrial

Retail

Agriculture

Infrastructure

Technology

Relevant Teams

Legal

Commercial

Operations

Finance

Risk Management

Sustainability

Energy Trading

Business Development

Technical

Regulatory Compliance

Treasury

Project Development

Relevant Roles

Energy Trading Manager

Commercial Manager

Legal Counsel

Power Plant Manager

Chief Financial Officer

Risk Manager

Sustainability Director

Operations Manager

Energy Procurement Manager

Regulatory Compliance Officer

Business Development Manager

Technical Director

Contract Manager

Project Finance Manager

Energy Analyst

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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