Direct Power Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Direct Power Purchase Agreement

"I need a Direct Power Purchase Agreement for a solar power facility in Queensland, Australia, with an annual contract quantity of 50,000 MWh, starting from March 2025, including provisions for Large-scale Generation Certificates and a minimum take-or-pay obligation of 85%."

Document background
The Direct Power Purchase Agreement (PPA) is a crucial instrument in Australia's energy market, enabling corporate entities to procure electricity directly from generators, often to meet sustainability goals and manage energy costs. This document type has gained prominence as organizations seek to secure renewable energy supply and demonstrate environmental commitment. The agreement covers essential elements including energy pricing, volume commitments, delivery points, performance standards, and environmental attributes. It must comply with Australian energy regulations, including the National Electricity Law and state-specific requirements. PPAs are particularly relevant for companies with significant energy consumption seeking price certainty and sustainability benefits, and for generators looking to secure long-term revenue streams. The document includes detailed technical and commercial provisions, risk allocation mechanisms, and often incorporates green certificate handling.
Suggested Sections

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

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

3. Definitions and Interpretation: Defined terms used throughout the agreement and rules of interpretation

4. Term and Commencement: Duration of the agreement, including conditions precedent and commencement date

5. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity

6. Quantity and Volume: Specified quantity of electricity to be supplied, including minimum and maximum amounts

7. Price and Payment Terms: Pricing structure, invoicing, and payment obligations

8. Metering and Settlement: Requirements for measuring electricity delivery and settlement processes

9. Connection and Delivery: Points of connection and delivery obligations

10. Performance Requirements: Generation and availability requirements, including any guarantees

11. Force Majeure: Events excusing performance and associated procedures

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

13. Dispute Resolution: Procedures for resolving disputes between parties

14. Liability and Indemnities: Allocation of risks and limitations of liability

15. General Provisions: Standard boilerplate clauses including notices, assignments, and amendments

Optional Sections

1. Environmental Attributes: Provisions regarding renewable energy certificates and environmental benefits, used when the PPA involves renewable energy

2. Change in Law: Provisions addressing regulatory changes, used in longer-term PPAs or jurisdictions with evolving energy regulations

3. Credit Support: Requirements for security or credit support, used when there are concerns about counterparty creditworthiness

4. Insurance: Specific insurance requirements, used when standard insurance provisions need elaboration

5. Construction and Commissioning: Provisions regarding facility construction and commissioning, used for new facilities not yet operational

6. Grid Connection: Detailed grid connection requirements, used when connection arrangements are complex or critical

7. Curtailment: Provisions regarding reduction in output and associated compensation, used particularly for renewable energy projects

8. Testing and Verification: Procedures for testing facility performance, used when specific performance standards must be verified

Suggested Schedules

1. Facility Description: Technical specifications and details of the generation facility

2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustment provisions

3. Operating Parameters: Technical and operational requirements for the facility

4. Testing Procedures: Procedures for performance testing and verification

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

6. Generation Forecasting: Requirements and procedures for forecasting generation output

7. Contact Details: Key personnel and contact information for both parties

8. Form of Performance Security: Template for any required performance bonds or guarantees

9. Planned Maintenance Schedule: Schedule of planned maintenance periods and procedures

10. Settlement Procedures: Detailed procedures for billing and settlement

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 & Resources

Data Centers & Technology

Real Estate & Property

Retail

Industrial & Infrastructure

Agriculture

Education

Relevant Teams

Legal

Finance

Procurement

Sustainability

Operations

Risk Management

Treasury

Facilities Management

Environmental Compliance

Corporate Development

Project Management

Relevant Roles

Chief Financial Officer

Sustainability Director

Energy Manager

Legal Counsel

Commercial Director

Procurement Manager

Risk Manager

Environmental Compliance Officer

Operations Director

Project Manager

Chief Executive Officer

Facilities Manager

Treasury Manager

Contract Manager

Corporate Development Manager

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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