The Power Sale Agreement (PSA) is a fundamental document in Malaysia's energy sector, used to establish the legal and commercial framework for power supply arrangements between generators and purchasers. This agreement is essential for independent power producers, utility companies, and large industrial consumers operating in Malaysia. The PSA must comply with Malaysian regulations, particularly the Electricity Supply Act 1990 and Energy Commission requirements. It typically includes detailed provisions for power capacity, availability, pricing mechanisms, technical specifications, and operational procedures. The agreement is crucial for project financing in the power sector and often serves as a key document for securing investments. The Malaysian jurisdiction requires specific considerations regarding grid connectivity, renewable energy integration (if applicable), and environmental compliance.
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1. Parties: Identification of the power producer/seller and the power purchaser with their full legal details
2. Background: Context of the agreement, including facility details and purpose of the power sale arrangement
3. Definitions and Interpretation: Comprehensive definitions of terms used throughout the agreement and rules of interpretation
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of power, including minimum take-or-pay provisions
5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effectiveness requirements
6. Facility Requirements: Technical specifications and operational requirements for the power generation facility
7. Metering and Testing: Requirements for power measurement, testing procedures, and meter maintenance
8. Billing and Payment: Payment terms, invoicing procedures, and dispute resolution for payments
9. Performance Security: Requirements for performance bonds or other security arrangements
10. Force Majeure: Definition of force majeure events and their consequences
11. Representations and Warranties: Standard and specific warranties from both parties
12. Liability and Indemnification: Allocation of risks and responsibilities between parties
13. Insurance: Required insurance coverage for both parties
14. Default and Termination: Events of default, cure periods, and termination procedures
15. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions
16. Governing Law: Application of Malaysian law and jurisdiction
17. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignments
1. Renewable Energy Credits: Include when the power source is renewable and green credits are part of the transaction
2. Grid Connection: Include when specific grid connection requirements need to be addressed separately
3. Carbon Credits: Include for projects eligible for carbon credits or emissions trading
4. Government Approvals: Include when specific permits or licenses need detailed treatment
5. Land Rights: Include when land access or rights need to be addressed for the facility
6. Fuel Supply: Include for thermal power plants requiring fuel supply arrangements
7. Step-in Rights: Include when lenders require specific step-in provisions
8. Local Content Requirements: Include when there are specific local content obligations to be met
1. Technical Specifications: Detailed technical parameters of the power facility and equipment
2. Testing Procedures: Comprehensive testing and commissioning procedures
3. Metering Requirements: Detailed specifications for metering equipment and procedures
4. Tariff and Payment Calculations: Detailed formulas and examples for calculating payments
5. Performance Standards: Specific performance requirements and metrics
6. Operating Procedures: Detailed procedures for daily operations and maintenance
7. Form of Performance Security: Template for performance bonds or other security instruments
8. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
9. Interconnection Details: Technical specifications for grid interconnection
10. Emergency Procedures: Procedures for handling emergency situations
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