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Utility PPA

Utility PPA Template for Ireland

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Key Requirements PROMPT example:

Utility PPA

"I need a Utility PPA for a 50MW wind farm project in County Cork, Ireland, with commercial operations expected to begin in March 2025, including provisions for green certificates and community benefit schemes."

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Document background
The Utility PPA serves as the primary commercial agreement between power generators and utility companies in Ireland, establishing the terms and conditions for the sale and purchase of electricity at utility scale. This document is essential for power generation projects seeking to sell electricity to utilities, particularly in the context of Ireland's energy market and regulatory framework. It addresses crucial elements including pricing mechanisms, delivery obligations, grid connection requirements, and compliance with Irish energy regulations and EU directives. The agreement is structured to accommodate both conventional and renewable energy sources, incorporating specific provisions for the Single Electricity Market (SEM) and the requirements of the Commission for Regulation of Utilities (CRU). This Utility PPA template is specifically tailored for the Irish jurisdiction and includes necessary provisions for interface with relevant market operators and grid authorities.
Suggested Sections

1. Parties: Identification of the power producer and utility purchaser, including full legal names and addresses

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

3. Definitions: Detailed definitions of technical, commercial, and legal terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum purchase commitments

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

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

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

8. Grid Connection and Delivery: Points of delivery, grid connection requirements, and related responsibilities

9. Operation and Maintenance: Standards for facility operation and maintenance obligations

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

11. Representations and Warranties: Standard and specific warranties from both parties

12. Insurance: Required insurance coverage for both parties

13. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

14. Confidentiality: Protection of confidential information and trade secrets

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

Optional Sections

1. Green Certificates and Environmental Attributes: Include when the agreement involves renewable energy certificates or environmental credits

2. Construction and Commissioning: Include for new facilities that are not yet operational

3. Interconnection Requirements: Include when specific grid interconnection arrangements need to be detailed

4. Capacity Payments: Include when the agreement includes payments for available capacity

5. Credit Support: Include when additional financial security is required

6. Change in Law: Include when specific provisions for regulatory changes are needed

7. Community Benefits: Include when local community benefit schemes are part of the project

8. Storage Facilities: Include when the project includes energy storage components

Suggested Schedules

1. Schedule 1 - Facility Description: Technical specifications of the generation facility

2. Schedule 2 - Testing Procedures: Detailed testing and commissioning procedures

3. Schedule 3 - Pricing Formula: Detailed pricing calculations and adjustments

4. Schedule 4 - Operating Parameters: Technical operating specifications and requirements

5. Schedule 5 - Metering Specifications: Technical requirements for metering equipment

6. Schedule 6 - Grid Connection Details: Technical specifications for grid connection

7. Schedule 7 - Form of Direct Agreement: Standard form of direct agreement with financiers

8. Schedule 8 - Performance Security: Forms and requirements for performance security

9. Schedule 9 - Insurance Requirements: Detailed insurance specifications

10. Appendix A - Contact Details: Key contact information for both parties

11. Appendix B - Monthly Report Template: Standard format for operational reporting

12. Appendix C - Commissioning Schedule: Timeline and requirements for facility commissioning

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 Available Capacity
Affiliate
Ancillary Services
Annual Contract Quantity
Availability
Available Capacity
Balancing Market
Banking Day
Billing Period
Business Day
Capacity Market Code
Capacity Payment
Change in Law
Commercial Operation Date
Commission for Regulation of Utilities
Competent Authority
Connection Agreement
Connection Point
Contract Capacity
Contract Price
Control Centre
CRU
Curtailment
Day Ahead Market
Default Interest Rate
Defaulting Party
Delivery Point
Dispatch Instruction
Distribution System
Distribution System Operator
EirGrid
Electricity Market Rules
Emergency
Energy Payment
Environmental Attributes
ESB Networks
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Grid Code
Grid Connection Agreement
Grid Operator
Guaranteed Energy
Initial Period
Interconnector
Law
Lenders
Maintenance Schedule
Market Operator
Market Rules
Metering Equipment
Minimum Take
Monthly Invoice
Net Electrical Output
Network
Non-Defaulting Party
Operating Parameters
Planned Maintenance
Point of Connection
Power Purchase Agreement
Prudent Operating Practice
PSO Levy
Reactive Power
Renewable Energy Support Scheme
RESS
Security Package
SEM
Single Electricity Market
Site
System Emergency
System Operator
Take
Target Commercial Operation Date
Technical Limits
Term
Termination Date
Transmission System
Transmission System Operator
Unit Commitment
Clauses
Interpretation
Definitions
Sale and Purchase Obligations
Conditions Precedent
Term and Termination
Representations and Warranties
Metering
Billing and Payment
Credit Support
Force Majeure
Change in Law
Grid Connection
Delivery Point
Testing and Commissioning
Performance Standards
Operating Requirements
Maintenance
Insurance
Default and Remedies
Dispute Resolution
Confidentiality
Assignment
Notices
Governing Law
Liability and Indemnification
Regulatory Compliance
Environmental Compliance
Health and Safety
Records and Audit
Capacity Requirements
Emergency Procedures
Market Interface
Balancing Obligations
Scheduled Maintenance
Performance Security
Liquidated Damages
Transmission Rights
Title and Risk
Anti-Corruption
Data Protection
Consents and Permits
Relevant Industries

Energy & Utilities

Renewable Energy

Power Generation

Infrastructure

Clean Technology

Environmental Services

Grid Services

Public Utilities

Relevant Teams

Legal

Commercial

Energy Trading

Regulatory Affairs

Operations

Risk Management

Finance

Technical Operations

Compliance

Project Development

Relevant Roles

Energy Trading Manager

Power Purchase Manager

Utility Operations Director

Commercial Director

Energy Regulatory Counsel

Power Generation Manager

Grid Connection Manager

Energy Contract Manager

Compliance Officer

Risk Manager

Project Finance Manager

Technical Operations Manager

Industries
Electricity Regulation Act 1999: Primary legislation governing the electricity sector in Ireland, establishing the Commission for Regulation of Utilities (CRU) and setting out the framework for electricity market regulation
S.I. No. 60/2005 European Communities (Internal Market in Electricity) Regulations 2005: Implements EU directives on electricity market liberalization and establishes rules for electricity trading and supply
Energy (Miscellaneous Provisions) Act 2006: Contains provisions relating to the powers of the CRU and various aspects of energy regulation
S.I. No. 147/2011 European Communities (Renewable Energy) Regulations 2011: Implements EU renewable energy directives and sets out requirements for renewable energy production and consumption
Planning and Development Act 2000: Relevant for any physical infrastructure requirements and planning permissions related to power generation facilities
Climate Action and Low Carbon Development Acts 2015-2021: Sets out Ireland's framework for transitioning to a low carbon economy and includes relevant provisions for renewable energy development
S.I. No. 426/2014 European Union (Energy Efficiency) Regulations 2014: Implements EU energy efficiency requirements that may affect power generation and supply arrangements
Competition Act 2002: Relevant for ensuring compliance with competition law in power purchase arrangements
Grid Connection Agreement Regulations: Technical requirements and standards for connection to the Irish electricity grid
Consumer Protection Act 2007: Relevant for consumer protection aspects if the PPA involves supply to end consumers
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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