Power Offtake Agreement Template for South Africa

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Key Requirements PROMPT example:

Power Offtake Agreement

"I need a Power Offtake Agreement for a 50MW solar plant in the Northern Cape, South Africa, with Eskom as the offtaker, targeting commercial operation date in March 2025, including specific provisions for energy storage systems and REIPPPP compliance."

Document background
The Power Offtake Agreement serves as a crucial document in South Africa's energy sector, establishing the commercial and technical framework for power generation and sale arrangements. It is primarily used when independent power producers or private generators wish to sell electricity to utilities, industrial consumers, or other offtakers. The agreement must comply with South African electricity regulations, including NERSA requirements and the Electricity Regulation Act. The document typically covers aspects such as power purchase commitments, pricing structures, operational standards, and risk allocation. It's particularly relevant in the context of South Africa's energy market liberalization and the Renewable Energy Independent Power Producer Procurement Programme (REIPPPP), often requiring careful consideration of grid connection requirements and technical specifications specific to the South African power system.
Suggested Sections

1. Parties: Identification of the power producer (seller) and the offtaker (purchaser), including their legal details and representatives

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

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

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of power, including minimum take-or-pay provisions

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

6. Commercial Terms: Pricing structure, payment terms, invoicing, and billing procedures

7. Metering and Testing: Requirements for measuring delivered power, testing procedures, and dispute resolution for measurements

8. Operating Procedures: Day-to-day operational requirements, dispatch procedures, and maintenance protocols

9. Performance Standards: Required technical standards, power quality requirements, and performance guarantees

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

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Insurance: Required insurance coverage for both parties

13. Default and Remedies: Events of default and available remedies

14. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

15. Governing Law: Specification of South African law as governing law and jurisdiction

Optional Sections

1. Renewable Energy Credits: Section needed for renewable energy projects dealing with carbon credits and green certificates

2. Grid Connection: Required when the producer is responsible for grid connection infrastructure

3. Construction and Development: Needed for projects not yet operational, covering construction milestones and requirements

4. Environmental Credits: For projects generating environmental benefits or carbon credits

5. Local Content Requirements: Section addressing B-BBEE requirements and local content obligations

6. Storage Facilities: Required for projects including energy storage components

7. Capacity Market Participation: For projects participating in capacity markets or ancillary services

8. Change in Law Provisions: Detailed provisions for managing regulatory changes in the energy sector

Suggested Schedules

1. Technical Specifications: Detailed technical parameters of the generation facility

2. Testing Procedures: Procedures for acceptance testing and periodic performance tests

3. Metering Specifications: Technical requirements for metering equipment and procedures

4. Pricing Formula: Detailed calculation of energy charges and capacity payments

5. Operating Procedures Manual: Detailed procedures for daily operations and communication

6. Performance Standards: Specific technical and operational performance requirements

7. Form of Performance Security: Template for performance bonds or guarantees

8. Interconnection Requirements: Technical specifications for grid connection

9. Emergency Procedures: Protocols for emergency situations and outages

10. Insurance Requirements: Detailed specification of required insurance coverage

11. Forecast and Scheduling: Procedures for power delivery forecasting and scheduling

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
Relevant Industries

Energy

Renewable Energy

Infrastructure

Utilities

Mining

Industrial Manufacturing

Commercial Real Estate

Agriculture

Public Sector

Financial Services

Relevant Teams

Legal

Operations

Commercial

Finance

Risk Management

Regulatory Compliance

Technical Services

Environmental

Project Development

Procurement

Business Development

Treasury

Corporate Affairs

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Commercial Director

Energy Trading Manager

Project Development Manager

Power Plant Manager

Regulatory Compliance Officer

Risk Manager

Operations Director

Technical Director

Environmental Manager

Contract Manager

Business Development Director

Energy Procurement Manager

Finance Manager

Legal Counsel

Project Finance Manager

Industries
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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