Power Purchase Contract Template for England and Wales

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Key Requirements PROMPT example:

Power Purchase Contract

"I need a Power Purchase Contract for a new 50MW solar facility in Yorkshire, with delivery starting from March 2025, including provisions for renewable energy certificates and a minimum take-or-pay commitment of 80%."

Document background

Power Purchase Contracts are essential instruments in the energy sector, used when entities need to establish long-term electricity supply arrangements. These contracts, when governed by English and Welsh law, provide a comprehensive framework for power trading relationships, incorporating both commercial terms and technical requirements. A Power Purchase Contract typically includes provisions for quantity, availability, pricing, delivery points, and risk allocation. It's particularly relevant in contexts ranging from traditional power generation to renewable energy projects, and must comply with UK electricity market regulations and licensing requirements.

Suggested Sections

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

2. 2. Background: Context of the agreement and basic commercial intention

3. 3. Definitions: Key terms used throughout the agreement including technical, commercial, and regulatory definitions

4. 4. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including delivery points and minimum/maximum volumes

5. 5. Term and Termination: Duration of the agreement, extension options, and circumstances for early termination

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

7. 7. Metering and Reporting: Requirements for measuring electricity supplied, reporting obligations, and record keeping

8. 8. Force Majeure: Provisions for unforeseeable circumstances and their impact on contractual obligations

Optional Sections

1. Green Certificates: Provisions relating to renewable energy certificates, ROCs, or other environmental attributes

2. Development Obligations: Construction milestones, commissioning requirements, and development phase obligations

3. Credit Support: Security arrangements, parent company guarantees, and credit requirements

4. Change in Law: Provisions dealing with regulatory changes affecting the contract performance

Suggested Schedules

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

2. Schedule 2: Testing Procedures: Commissioning and performance testing requirements and procedures

3. Schedule 3: Pricing Formula: Detailed pricing calculations, adjustments, and indexation mechanisms

4. Schedule 4: Operating Parameters: Technical operating specifications, maintenance schedules, and performance standards

5. Schedule 5: Metering Specifications: Technical requirements for metering equipment and protocols

6. Schedule 6: Form of Performance Security: Template forms for any required guarantees or security instruments

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Relevant Teams

Relevant Roles

Industries

Electricity Act 1989: Primary legislation establishing framework for electricity generation, transmission, and supply, including licensing requirements and price control mechanisms

Energy Act 2013: Key legislation covering electricity market reforms, Contracts for Difference (CfD) regime, and capacity market mechanisms

Utilities Act 2000: Legislation governing market competition rules and consumer protection provisions in the utilities sector

Electricity Market Reform (EMR): Regulatory framework for reforming the electricity market to ensure secure, low-carbon electricity supply

OFGEM Regulations: Regulatory requirements set by the Office of Gas and Electricity Markets for market participants

Grid Code and Distribution Code: Technical and operational codes governing connection and use of electricity transmission and distribution systems

Balancing and Settlement Code (BSC): Rules for electricity balancing and settlement in the British electricity trading system

Climate Change Act 2008: Environmental legislation setting framework for reducing greenhouse gas emissions and promoting renewable energy

Renewable Energy Directive: EU legislation incorporated into UK law post-Brexit governing renewable energy requirements and targets

Environmental Protection Act 1990: Legislation covering environmental protection requirements relevant to power generation

English Common Law Contract Principles: Fundamental contract law principles governing formation and enforcement of contracts under English law

Sale of Goods Act 1979: Legislation governing sale of goods, applicable to electricity supply as electricity is legally considered 'goods'

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, including limitations on liability exclusions

REMIT: Regulation on Wholesale Energy Market Integrity and Transparency, governing energy market trading and transparency

Financial Services and Markets Act 2000: Legislation relevant when power purchase agreements involve derivative elements or financial instruments

How a Sales & Marketing Lead uses Genie AI to reduce contract drafting time by 95%

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Authors

Alex Denne

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