Power Sales Agreement Template for Australia

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Key Requirements PROMPT example:

Power Sales Agreement

"I need a Power Sales Agreement for a new solar farm in Queensland, scheduled to commence operations in March 2025, with a capacity of 100MW and including provisions for battery storage and environmental certificates trading."

Document background
The Power Sales Agreement serves as a critical commercial instrument in Australia's energy market, establishing the legal and operational framework for electricity trading between generators and purchasers. It is primarily used when a power generator wishes to sell electricity to retailers, large consumers, or trading entities, either through the National Electricity Market or via direct contracts. The agreement requires careful consideration of Australia's complex energy regulatory framework, including the National Electricity Rules, state-specific legislation, and environmental requirements. This document typically includes detailed provisions for pricing, volume commitments, delivery points, technical specifications, and risk allocation, while ensuring compliance with Australian Consumer Law and energy sector regulations. It is particularly relevant for both conventional and renewable energy projects, requiring regular updates to reflect evolving market conditions and regulatory changes.
Suggested Sections

1. Parties: Identification of the power seller/generator and buyer/offtaker, including full legal names and ABNs

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

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

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

5. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including any minimum supply/take obligations

6. Connection and Delivery: Requirements for connection to the grid, delivery points, and technical specifications

7. Metering and Measurement: Requirements for measuring electricity supplied, including meter specifications and reading procedures

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

9. Performance Requirements: Technical and operational performance standards, including availability and reliability requirements

10. Force Majeure: Events constituting force majeure and consequences

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

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

13. Dispute Resolution: Procedures for resolving disputes, including negotiation, mediation, and arbitration

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

Optional Sections

1. Environmental Attributes: Terms relating to renewable energy certificates and environmental credits, used when the power source is renewable

2. Battery Storage: Specific provisions for energy storage facilities, included when battery storage is part of the generation facility

3. Curtailment Rights: Terms governing when and how generation can be curtailed, particularly relevant for renewable energy facilities

4. Change in Law: Provisions addressing regulatory changes, particularly important in long-term agreements

5. Market Operations: Specific provisions for participation in the National Electricity Market, required for grid-connected facilities

6. Development and Construction: Included when the generating facility is not yet operational, covering construction milestones and requirements

7. Credit Support: Requirements for security and credit support, included based on creditworthiness assessment

8. Insurance: Specific insurance requirements beyond standard coverage

Suggested Schedules

1. Facility Description: Detailed technical specifications of the generating facility

2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustments

3. Performance Standards: Technical performance requirements and testing procedures

4. Operating Procedures: Detailed procedures for day-to-day operations and communications

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

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

7. Connection Details: Technical specifications of grid connection and delivery points

8. Testing and Commissioning Procedures: Requirements for facility testing and commissioning

9. Calculation of Liquidated Damages: Formulas and procedures for calculating various liquidated damages

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

Mining

Manufacturing

Industrial Processing

Data Centers

Infrastructure

Commercial Real Estate

Agriculture

Telecommunications

Relevant Teams

Legal

Commercial Operations

Energy Trading

Risk Management

Regulatory Compliance

Technical Operations

Finance

Procurement

Business Development

Environmental Compliance

Contract Management

Relevant Roles

Energy Trading Manager

Commercial Director

Legal Counsel

Regulatory Compliance Officer

Power Plant Manager

Risk Manager

Commercial Operations Manager

Energy Markets Analyst

Technical Operations Director

Chief Financial Officer

Procurement Manager

Business Development Manager

Project Finance Manager

Environmental Compliance Manager

Contract Administrator

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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