Power Offtake Agreement Template for Australia

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Key Requirements PROMPT example:

Power Offtake Agreement

"I need a Power Offtake Agreement for a 50MW solar facility in Queensland, Australia, with a 15-year term starting March 2025, including provisions for battery storage and LGC trading."

Document background
The Power Offtake Agreement serves as a critical commercial instrument in the Australian energy market, establishing a long-term contractual relationship between power generators and purchasers. This agreement type is essential for securing project financing for new generation facilities and providing revenue certainty for existing ones. It is commonly used in both renewable and conventional power projects, requiring compliance with the National Electricity Law, National Electricity Rules, and state-specific regulations. The document typically includes detailed provisions for power purchase commitments, pricing structures, delivery points, metering arrangements, and risk allocation mechanisms. It's particularly crucial for projects requiring project financing and those participating in the National Electricity Market, often serving as a foundational document for major energy infrastructure developments in Australia.
Suggested Sections

1. Parties: Identification of the power supplier/generator and the offtaker, including full legal entities and ABNs

2. Background: Context of the agreement, including facility details, connection points, and relevant regulatory framework

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

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

5. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including minimum take-or-pay provisions

6. Delivery Point and Title: Specification of the delivery point and transfer of title/risk

7. Metering and Testing: Requirements for measuring electricity delivery and quality testing

8. Pricing and Payment: Price structure, calculation methods, invoicing, and payment terms

9. Operation and Maintenance: Obligations regarding facility operation, maintenance standards, and scheduled outages

10. Force Majeure: Definition of force majeure events and consequences

11. Default and Termination: Events of default, cure periods, and termination rights

12. Liability and Indemnities: Allocation of risks, limitations of liability, and indemnification obligations

13. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures

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

Optional Sections

1. Renewable Energy Certificates: Required for renewable energy facilities, covering LGC creation, registration, and trading

2. Grid Connection: Include when the generator is responsible for grid connection arrangements

3. Development and Construction: Required for facilities not yet operational, covering construction milestones and requirements

4. Carbon Credits and Environmental Attributes: Include when dealing with environmental products or carbon offset requirements

5. Performance Guarantees: Include when specific performance metrics are guaranteed

6. Storage Facilities: Required when battery or other storage systems are part of the arrangement

7. Market Operations: Include when the generator participates in the National Electricity Market

8. Change in Law: Detailed provisions for regulatory changes when operating in evolving regulatory environments

Suggested Schedules

1. Facility Description: Technical specifications of the generation facility

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

3. Testing and Commissioning Procedures: Procedures for initial and ongoing performance testing

4. Operating Parameters: Technical and operational specifications including capacity, availability requirements

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

6. Performance Standards: Detailed performance criteria and measurement methodologies

7. Form of Performance Security: Template for bank guarantees or other security instruments

8. Insurance Requirements: Specified insurance coverage requirements and minimum amounts

9. Planned Maintenance Schedule: Annual maintenance schedule and procedures

10. Contact Details and Notice Requirements: Key personnel and communication protocols

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

Infrastructure

Mining

Manufacturing

Data Centers

Industrial Processing

Commercial Real Estate

Agricultural Processing

Telecommunications

Relevant Teams

Legal

Commercial

Operations

Risk Management

Finance

Regulatory Compliance

Energy Trading

Project Development

Technical Services

Business Development

Sustainability

Contract Management

Relevant Roles

Energy Trading Manager

Commercial Manager

Legal Counsel

Power Plant Manager

Risk Manager

Regulatory Compliance Officer

Chief Financial Officer

Operations Director

Project Development Manager

Energy Markets Analyst

Sustainability Manager

Contract Administrator

Business Development Manager

Technical Operations 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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