Power Purchase Agreement Wind Template for United States

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Key Requirements PROMPT example:

Power Purchase Agreement Wind

"Need a Wind Power Purchase Agreement for a 100MW wind farm in Texas, where we are the seller and want to include specific provisions for curtailment rights and REC trading, with commercial operations expected to begin in March 2025."

Document background
The Wind Power Purchase Agreement is a crucial contract in the renewable energy sector, establishing the commercial framework for wind power projects in the United States. It addresses key aspects such as energy pricing, delivery terms, performance standards, and risk allocation between parties. The agreement must comply with federal regulations including PURPA and FERC requirements, as well as state-specific renewable energy standards. This document is essential for project financing and typically serves as the primary revenue security for wind power facilities.
Suggested Sections

1. Parties: Identification of buyer and seller, including legal entity details

2. Background/Recitals: Context of the agreement, project description, and parties' intentions

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding energy purchase and delivery

5. Term and Termination: Duration of agreement and termination conditions

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

7. Delivery Point and Metering: Specifications for energy delivery and measurement

8. Operation and Maintenance: Facility maintenance and operational requirements

9. Force Majeure: Circumstances excusing performance

Optional Sections

1. Renewable Energy Credits: Provisions governing REC ownership and trading rights - used when RECs are part of the transaction

2. Capacity Rights: Provisions governing rights to capacity attributes - used in markets with capacity mechanisms

3. Development Milestones: Project development timeline and requirements - used for projects not yet operational

4. Credit Support: Security and credit requirements - used when financial assurance is required

Suggested Schedules

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

2. Schedule 2 - Product Price Schedule: Detailed pricing information and escalators

3. Schedule 3 - Expected Energy Production: Projected output and performance guarantees

4. Schedule 4 - Metering Specifications: Technical requirements for metering equipment

5. Schedule 5 - Form of Performance Security: Template for required security instruments

6. Schedule 6 - Operating Procedures: Detailed operational protocols

7. Schedule 7 - Insurance Requirements: Required insurance coverage details

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
Industries

Public Utility Regulatory Policies Act (PURPA): Federal legislation that governs relationships between utilities and independent power producers, including requirements for qualifying facilities

Federal Power Act: Federal law regulating interstate transmission and wholesale electricity sales, establishing FERC jurisdiction over these matters

Investment Tax Credit (ITC) and Production Tax Credit (PTC): Federal tax incentives for renewable energy projects that impact pricing and financial terms in PPAs

National Environmental Policy Act (NEPA): Federal environmental law requiring assessment of environmental impacts for major federal actions

Endangered Species Act: Federal law protecting threatened and endangered species that must be considered in wind project development

Clean Air Act: Federal law regulating air emissions and quality that affects renewable energy project development

Migratory Bird Treaty Act: Federal law protecting migratory birds, particularly relevant for wind energy projects

Renewable Portfolio Standards (RPS): State-specific requirements mandating utilities to procure certain percentages of renewable energy

State Public Utility Commission Regulations: State-level regulations governing utility rate structures, interconnection requirements, and net metering policies

State Environmental Regulations: State-specific environmental impact assessment requirements and wildlife protection measures

State Property Laws: State-specific regulations regarding land use, zoning requirements, and easement regulations for wind projects

FERC Orders: Federal Energy Regulatory Commission orders governing open access transmission requirements and market-based rate authority

RTO/ISO Rules: Regional Transmission Organization/Independent System Operator rules regarding market participation and interconnection procedures

NERC Standards: North American Electric Reliability Corporation standards governing grid reliability requirements and operating procedures

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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