Virtual Purchase Power Agreement Template for United States

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Key Requirements PROMPT example:

Virtual Purchase Power Agreement

"Need a Virtual Power Purchase Agreement for our tech company to procure 100MW of wind power from a facility in Texas, with settlement against ERCOT hub prices and including full REC transfer, targeted to commence in March 2025."

Document background
Virtual Power Purchase Agreements have emerged as a crucial tool for corporations seeking to meet their renewable energy goals while managing market risks. This contract type allows organizations to support new renewable energy projects without requiring physical delivery of electricity. The VPPA structure, commonly used in U.S. markets, provides a hedge against electricity price volatility while enabling renewable energy project development. It includes provisions for financial settlement, renewable energy credits, and risk allocation between parties, making it particularly suitable for companies with sustainability targets and distributed energy loads across multiple regions.
Suggested Sections

1. Parties: Identification of contracting parties including legal entity details

2. Background: Context of the agreement and high-level objectives

3. Definitions: Key terms used throughout the agreement including market terms, settlement mechanisms, and technical specifications

4. Product Structure: Details of the virtual PPA structure, settlement mechanisms, and pricing methodology

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

6. Settlement Process: Calculation methodology, payment terms, settlement frequency, and true-up provisions

7. Force Majeure: Provisions for unforeseeable circumstances preventing performance

8. Representations and Warranties: Standard and specific warranties relating to capacity, authority, and compliance

9. Events of Default: Circumstances constituting default and corresponding remedies

10. Governing Law: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. REC Transfer: Terms for renewable energy credit transfers, tracking, and verification

2. Project Financing Provisions: Specific provisions required by project lenders including step-in rights

3. Development Milestones: Project development timeline, requirements, and consequences of delays

4. Credit Support: Requirements for guarantees, letters of credit, or other security

5. Change in Law: Provisions addressing regulatory changes affecting the agreement

Suggested Schedules

1. Project Description Schedule: Technical specifications of the renewable energy facility including location and capacity

2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustment provisions

3. Settlement Procedures Schedule: Detailed procedures for monthly/quarterly settlements including calculation examples

4. Form of Guaranty: Standard form of parent company guarantee or other credit support documentation

5. Operating Parameters Schedule: Technical operating requirements, constraints, and performance standards

6. Insurance Requirements Schedule: Required insurance coverage, limits, and certificates

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

Federal Power Act: Primary federal legislation governing the transmission and wholesale of electric power in interstate commerce, including FERC jurisdiction and regulatory framework

Public Utility Regulatory Policies Act (PURPA): Federal law encouraging energy conservation and promoting greater use of domestic and renewable energy

Commodity Exchange Act: Federal regulation of commodity futures and options markets, relevant for virtual power purchase agreements as financial instruments

Dodd-Frank Wall Street Reform: Regulations affecting swap transactions and derivative contracts, which may apply to VPPAs depending on their structure

State Public Utility Commission Regulations: State-specific rules governing utility operations, power generation, and energy sales within state borders

Renewable Energy Portfolio Standards: State-specific requirements for renewable energy generation and procurement by utilities and other entities

Clean Air Act: Federal environmental law that may impact power generation facilities and influence VPPA structuring

Renewable Energy Credit (REC) Regulations: Rules governing the creation, trading, and retirement of RECs, which are often integral to VPPAs

Investment Tax Credit (ITC): Federal tax incentive for renewable energy investments, potentially affecting VPPA pricing and structure

Production Tax Credit (PTC): Federal tax incentive based on renewable energy production, potentially affecting VPPA pricing and structure

Uniform Commercial Code (UCC): State-adopted uniform laws governing commercial transactions, including aspects of energy sales and financial instruments

Federal Bankruptcy Code: Laws governing bankruptcy proceedings that may affect VPPA enforceability and counterparty protections

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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