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Energy Purchase Agreement
I need an energy purchase agreement for a commercial solar project, specifying a 10-year term with fixed pricing for the first 5 years, followed by a market rate adjustment. The agreement should include provisions for renewable energy certificates and a clause for early termination with a 6-month notice period.
What is an Energy Purchase Agreement?
An Energy Purchase Agreement lets organizations buy electricity directly from power producers, usually for renewable energy like solar or wind farms. It's a long-term contract that spells out how much power will be supplied, at what price, and under what conditions - typically running for 10-15 years in the Australian market.
These agreements have become increasingly popular among Australian businesses looking to meet sustainability targets while managing energy costs. They're regulated under the National Electricity Law and must comply with the Australian Energy Market Operator's requirements. For energy producers, these contracts provide the stable revenue needed to finance new renewable projects.
When should you use an Energy Purchase Agreement?
Consider an Energy Purchase Agreement when your organization needs predictable electricity costs and wants to shift toward renewable energy. These agreements work especially well for manufacturers, data centers, and large retail chains that use substantial power and need to control their long-term energy expenses.
The ideal time to pursue these agreements is when planning major facility expansions, responding to shareholder sustainability demands, or when current power contracts are up for renewal. Many Australian businesses use them to lock in rates before expected market price increases and to meet their emissions reduction targets under state and federal environmental regulations.
What are the different types of Energy Purchase Agreement?
- Corporate PPA: Used by large companies buying power directly from generators, typically involving higher volumes and more complex terms
- Commercial Solar PPA: Designed for businesses installing solar systems on their premises, with specific metering and maintenance provisions
- PPA Solar Lease: Combines energy purchase with equipment leasing, letting businesses use solar without upfront costs
- PPA Agreement Solar: Focused on smaller-scale solar installations with simplified terms and standardized pricing structures
Who should typically use an Energy Purchase Agreement?
- Energy Generators: Power companies and renewable energy developers who produce and sell electricity, often operating large solar or wind farms across Australia
- Corporate Buyers: Large businesses, manufacturers, and data centers seeking stable long-term power prices and green energy credentials
- Energy Lawyers: Specialists who draft and negotiate Energy Purchase Agreements, ensuring compliance with AEMO regulations
- Energy Consultants: Technical advisors who analyze consumption patterns and help structure deals
- Facility Managers: Oversee day-to-day power consumption and ensure compliance with agreement terms
How do you write an Energy Purchase Agreement?
- Energy Usage Data: Gather 12 months of electricity consumption records and peak demand patterns
- Project Details: Document the energy generation capacity, location, and expected operational date
- Price Structure: Determine fixed rates, escalators, and any market-linked components aligned with Australian wholesale prices
- Technical Requirements: List metering specifications and grid connection details that meet AEMO standards
- Compliance Check: Review state-specific renewable energy regulations and environmental requirements
- Internal Approval: Our platform helps create a legally sound Energy Purchase Agreement that captures these elements accurately
What should be included in an Energy Purchase Agreement?
- Power Specifications: Clear details on energy volume, generation source, and delivery points under National Electricity Rules
- Pricing Terms: Fixed rates, adjustment mechanisms, and payment schedules aligned with Australian market standards
- Performance Standards: Minimum supply guarantees and grid compliance requirements per AEMO guidelines
- Term and Termination: Contract duration, renewal options, and exit conditions that meet state regulations
- Risk Allocation: Force majeure events, liability limits, and compensation mechanisms
- Dispute Resolution: Clear processes for handling disagreements under Australian jurisdiction
What's the difference between an Energy Purchase Agreement and a Purchase Agreement?
Energy Purchase Agreements are often confused with standard Purchase Agreements, but they serve distinctly different purposes in Australian business law. While both involve buying and selling, Energy Purchase Agreements are specialized contracts focused on ongoing power supply rather than one-time transactions.
- Duration and Performance: Energy Purchase Agreements typically run for 10-25 years with continuous delivery, while Purchase Agreements usually cover one-time transactions
- Regulatory Framework: Energy Purchase Agreements must comply with National Electricity Rules and AEMO requirements; standard Purchase Agreements follow general contract law
- Payment Structure: Energy agreements use complex pricing mechanisms tied to usage and market rates; Purchase Agreements usually have fixed, simple payment terms
- Risk Allocation: Energy contracts include specific provisions for supply interruptions, grid issues, and renewable energy certificates; Purchase Agreements focus on basic warranty and delivery risks
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