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Physical Power Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Physical Power Purchase Agreement

"I need a Physical Power Purchase Agreement for a 50MW solar facility in South Australia, with delivery starting March 2025, including provisions for LGC trading and a minimum quarterly take-or-pay obligation of 85% of generated output."

Document background
The Physical Power Purchase Agreement (PPA) is a crucial document in the Australian energy market that facilitates direct electricity supply arrangements between generators and buyers. It is particularly relevant in scenarios where large energy users seek to secure long-term electricity supply at predictable prices, or when renewable energy generators need to establish bankable revenue streams for project financing. The agreement must comply with the National Electricity Law, National Electricity Rules, and relevant state-specific regulations. It typically includes detailed provisions for electricity delivery, pricing mechanisms, operational protocols, and risk allocation, while addressing specific requirements of the Australian electricity market structure. This document type has become increasingly important with the growth of renewable energy projects and corporate sustainability initiatives in Australia.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names and ABNs

2. Background: Context of the agreement, including facility details and purpose of the arrangement

3. Definitions and Interpretation: Comprehensive list of defined terms and interpretation rules

4. Term and Conditions Precedent: Duration of the agreement and any conditions that must be satisfied before the agreement becomes effective

5. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including minimum and maximum quantities

6. Delivery Point and Title: Specification of the physical point where electricity is delivered and transfer of title

7. Metering and Measurement: Requirements for measuring and recording electricity delivery

8. Pricing and Payment: Price structure, calculation methods, invoicing, and payment terms

9. Credit Support: Requirements for security deposits, bank guarantees, or other credit support mechanisms

10. Operating Procedures: Day-to-day operational requirements and communication protocols

11. Force Majeure: Events excusing performance and associated procedures

12. Default and Termination: Events of default, cure periods, and termination rights

13. Liability and Indemnities: Allocation of risks and limitations on liability

14. Dispute Resolution: Procedures for resolving disputes between parties

15. General Provisions: Standard legal provisions including notices, assignment, and governing law

Optional Sections

1. Carbon Credits and Environmental Products: Include when the agreement involves renewable energy and associated environmental certificates

2. Network Services: Include when the seller is responsible for transmission or distribution arrangements

3. Development and Construction: Include when the generating facility is not yet operational

4. Testing and Commissioning: Include for new facilities requiring performance testing

5. Change in Law: Include detailed provisions when regulatory changes could significantly impact the agreement

6. Market Operations: Include when specific National Electricity Market operations need to be addressed

7. Flexibility Services: Include when the agreement includes demand response or other flexibility services

8. Insurance: Include detailed insurance requirements when specific coverage is critical

Suggested Schedules

1. Facility Details: Technical specifications of the generating facility

2. Operating Parameters: Detailed operational requirements and limitations

3. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustments

4. Testing Procedures: Procedures for testing facility performance

5. Metering Specifications: Detailed metering requirements and procedures

6. Communication Protocols: Detailed procedures for operational communications

7. Performance Standards: Required performance levels and measurement methods

8. Form of Credit Support: Template forms for required credit support documents

9. Interface Procedures: Procedures for interface with the grid and market systems

10. Annual Contract Quantity: Detailed specification of contract quantities by period

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































































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Relevant Industries

Energy Generation

Renewable Energy

Manufacturing

Mining

Data Centers

Retail

Industrial Processing

Agriculture

Commercial Real Estate

Utilities

Relevant Teams

Legal

Operations

Commercial

Risk Management

Finance

Sustainability

Procurement

Regulatory Affairs

Technical Operations

Trading

Business Development

Project Management

Compliance

Relevant Roles

Energy Trading Manager

Commercial Manager

Legal Counsel

Chief Financial Officer

Risk Manager

Operations Manager

Sustainability Manager

Power Plant Manager

Energy Procurement Manager

Regulatory Compliance Officer

Technical Director

Contract Manager

Business Development Manager

Chief Operating Officer

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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