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Private Wire PPA

Private Wire PPA Template for Canada

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Key Requirements PROMPT example:

Private Wire PPA

"I need a Private Wire PPA for a solar generation facility in Ontario, supplying power to a data center, with operations starting March 2025, including provisions for battery storage and ensuring compliance with local Indigenous land rights."

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Document background
The Private Wire PPA is utilized in the Canadian energy market when an electricity consumer requires a dedicated power supply arrangement directly from a generator, bypassing the public grid. This type of agreement is particularly relevant for industrial and commercial operations seeking reliable, potentially renewable power supply through private infrastructure. The document addresses unique aspects of Canadian energy regulation at both federal and provincial levels, including specific provisions for private transmission infrastructure, technical requirements, and environmental compliance. The Private Wire PPA includes comprehensive terms covering construction, operation, maintenance, pricing, risk allocation, and performance standards, making it suitable for long-term power supply arrangements where the parties seek greater control over their electricity supply infrastructure.
Suggested Sections

1. Parties: Identification of the power producer (seller) and the power purchaser (buyer)

2. Background: Context of the agreement, including project overview and parties' objectives

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

4. Sale and Purchase Obligations: Core obligations regarding electricity sale and purchase, including exclusivity provisions

5. Term and Termination: Duration of the agreement, conditions precedent, and termination rights

6. Facility Requirements: Specifications for the generation facility and private wire infrastructure

7. Delivery Point and Title: Specification of the delivery point and transfer of title to electricity

8. Metering and Communications: Requirements for measuring and recording electricity delivery

9. Price and Payment: Pricing structure, billing procedures, and payment terms

10. Operation and Maintenance: Standards for operating and maintaining the facility and private wire infrastructure

11. Curtailment and Availability: Rules regarding reduction in supply and availability guarantees

12. Force Majeure: Events excusing performance and associated procedures

13. Insurance: Required insurance coverage for both parties

14. Default and Remedies: Events of default and corresponding remedies

15. Dispute Resolution: Procedures for resolving disputes between parties

16. Confidentiality: Protection of confidential information

17. Assignment and Change of Control: Rules regarding transfer of rights and obligations

18. Notices: Procedures for formal communications between parties

19. General Provisions: Standard boilerplate provisions including governing law

Optional Sections

1. Construction and Development: Required when the generation facility is not yet operational, covering construction milestones and requirements

2. Environmental Attributes: Used when renewable energy credits or other environmental attributes are part of the transaction

3. Battery Storage: Included when the facility includes energy storage capabilities

4. Grid Connection: Required when there is a backup grid connection in addition to the private wire

5. Security Requirements: Used when performance security or credit support is required

6. Change in Law: Detailed provisions for managing regulatory changes when significant regulatory risk exists

7. Indigenous Rights: Required when the project impacts Indigenous lands or rights

8. Step-in Rights: Included when lenders require direct project intervention rights

9. Expansion Rights: Used when future facility expansion is contemplated

Suggested Schedules

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

2. Private Wire Infrastructure: Specifications and drawings of the private wire transmission system

3. Testing and Commissioning Procedures: Procedures for facility testing and commercial operation

4. Operating Procedures: Detailed protocols for daily operation and communication

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

6. Price Calculation: Detailed methodology for calculating payments

7. Performance Guarantees: Specific performance metrics and calculation methods

8. Form of Guarantees: Templates for any required performance security

9. Insurance Requirements: Detailed specifications of required insurance coverage

10. Site Description: Legal description and drawings of project site and easements

11. Interconnection Details: Technical specifications for electrical interconnection

12. Annual Contract Quantity: Expected generation profile and minimum delivery obligations

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Actual Delivered Energy
Annual Contract Quantity
Applicable Laws
Available Capacity
Billing Period
Business Day
Canadian Dollar
Change in Law
Commercial Operation Date
Commissioning
Competent Authority
Connection Agreement
Connection Point
Contract Capacity
Contract Price
Contract Year
Curtailment
Delivery Point
Dispute
Effective Date
Electrical Output
Emergency
Energy Management System
Environmental Attributes
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Governmental Authority
Grid
Interconnection Facilities
Lenders
Maintenance Schedule
Metering Equipment
Minimum Guaranteed Output
Operating Parameters
Operating Procedures
Outage
Performance Security
Planned Maintenance
Private Wire Infrastructure
Project
Project Site
Prudent Operating Practice
Reactive Power
Reasonable and Prudent Operator
Renewable Energy Credits
Required Consents
Scheduled Commercial Operation Date
Security Interest
Settlement Period
Step-in Rights
System Emergency
Technical Limits
Term
Transmission Facilities
Transmission Loss Factor
Unplanned Outage
Clauses
Interpretation
Conditions Precedent
Term
Sale and Purchase
Delivery Obligations
Private Wire Infrastructure
Metering
Billing and Payment
Security
Construction
Testing and Commissioning
Operations and Maintenance
Performance Standards
Force Majeure
Change in Law
Default
Termination
Liability and Indemnification
Insurance
Assignment
Confidentiality
Dispute Resolution
Notices
Environmental Compliance
Health and Safety
Regulatory Compliance
Technical Requirements
Emergency Procedures
Infrastructure Access
Connection Requirements
Quality Standards
Performance Testing
Warranties
Risk Allocation
Title Transfer
Intellectual Property
Data Protection
Record Keeping
Audit Rights
Representations
Governing Law
Boilerplate
Relevant Industries

Renewable Energy

Manufacturing

Mining

Data Centers

Industrial Processing

Commercial Real Estate

Agriculture

Healthcare

Educational Institutions

Retail

Relevant Teams

Legal

Commercial

Procurement

Finance

Operations

Sustainability

Risk Management

Technical Services

Compliance

Project Development

Energy Trading

Facilities Management

Relevant Roles

Energy Procurement Manager

Commercial Director

Legal Counsel

Chief Financial Officer

Sustainability Manager

Facilities Manager

Energy Infrastructure Director

Risk Manager

Project Developer

Operations Manager

Technical Director

Compliance Officer

Chief Technology Officer

Energy Trading Manager

Contract Manager

Industries
Electricity and Gas Inspection Act: Federal legislation governing the accuracy of electricity metering and measurement, which is crucial for PPA billing and energy accounting
Canadian Environmental Protection Act: Federal environmental legislation that may apply to the power generation facility, particularly regarding emissions and environmental impact
Provincial Energy Acts: Specific provincial legislation governing electricity generation, transmission, and distribution within the province where the project is located
Provincial Utilities Commission Acts: Provincial legislation establishing regulatory oversight of utilities and private energy projects, including approval requirements for private wire arrangements
Independent Power Producers Regulations: Provincial regulations governing private power generation and sales, including requirements for PPAs
Clean Energy Acts: Provincial legislation promoting renewable energy development and setting clean energy requirements
Transmission Facility Owner Tariffs: Regulations regarding transmission infrastructure and connection requirements for private wire arrangements
Provincial Safety Standards Act: Legislation governing technical and safety requirements for electrical installations and infrastructure
Competition Act: Federal legislation ensuring fair competition in energy markets and private commercial arrangements
Provincial Land Use and Planning Acts: Legislation governing land use and rights-of-way for private wire infrastructure
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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