Physical Power Purchase Agreement

Physical Power Purchase Agreement Template for Denmark

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Document background

The Physical Power Purchase Agreement (PPA) is essential for parties seeking to establish a direct power supply arrangement in the Danish electricity market. This document is typically used when a power generator (often a renewable energy facility) wishes to sell electricity directly to an end-user or utility, with physical delivery through the Danish grid system. The agreement needs to comply with Danish energy law, including the Electricity Supply Act (Elforsyningsloven) and regulations set by Energinet.dk, while also adhering to EU energy market rules. It includes detailed provisions for physical delivery, grid connection, balancing responsibilities, and metering arrangements, making it particularly relevant for renewable energy projects and corporate buyers seeking to secure long-term power supply. The document addresses specific Danish market characteristics such as the Nord Pool power market integration and green certificate mechanisms.

Suggested Sections

1. Parties: Identification of the seller (generator) and buyer, including full legal names and registration details

2. Background: Context of the agreement, including facility details and parties' intentions

3. Definitions and Interpretation: Defined terms, interpretation rules, and hierarchy of documents

4. Sale and Purchase Obligations: Core obligations including delivery point, contract quantity, and exclusivity provisions

5. Term and Conditions Precedent: Duration, commencement date, and conditions that must be met before the agreement becomes effective

6. Delivery Specifications: Technical requirements, delivery point, grid connection, and metering arrangements

7. Price and Payment: Price structure, payment terms, invoicing, and payment security

8. Metering and Communications: Metering requirements, communications protocols, and data sharing

9. Balancing and Scheduling: Responsibilities for energy balancing and scheduling nominations

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

11. Change in Law: Provisions dealing with regulatory changes affecting the agreement

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

13. Liability and Indemnities: Allocation of risks and limitation of liability

14. Representations and Warranties: Standard and specific warranties from both parties

15. Confidentiality: Protection of confidential information and permitted disclosures

16. Dispute Resolution: Procedures for resolving disputes, including jurisdiction and governing law

17. Miscellaneous: Standard boilerplate provisions including notices, amendments, and assignment

Optional Sections

1. Construction and Commissioning: Required if the generating facility is not yet operational, covering construction milestones and commissioning procedures

2. Green Certificates and Environmental Attributes: Required if the parties are trading environmental attributes or certificates separately from the power

3. Multiple Delivery Points: Required if power can be delivered at different grid connection points

4. Battery Storage: Required if the facility includes energy storage capabilities

5. Market Premium Arrangements: Required if the project receives Danish market premium support

6. Direct Line Arrangements: Required if power is delivered through a direct line rather than the public grid

7. Forecasting and Production Estimates: Detailed requirements for production forecasting, particularly relevant for wind or solar facilities

8. Grid Connection Cost Sharing: Required if parties share grid connection or upgrade costs

Suggested Schedules

1. Facility Description: Technical specifications of the generating facility

2. Testing and Commissioning Procedures: Detailed procedures for facility testing and commissioning

3. Operating Parameters: Technical and operational requirements including ramp rates and availability

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

5. Price Calculation: Detailed pricing formula and adjustment mechanisms

6. Communications Protocol: Procedures for operational communications and notifications

7. Form of Performance Security: Template for any required performance security or guarantees

8. Grid Connection Details: Technical specifications of grid connection and related requirements

9. Production Forecasting Requirements: Detailed procedures for production forecasting and reporting

10. Form of Direct Agreement: Template for direct agreement with lenders if required

11. Maintenance Schedule: Planned maintenance periods and procedures

12. Insurance Requirements: Required insurance coverage and terms

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Physical Power Purchase Agreement Template for Denmark

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