Third Party Power Purchase Agreement Template for England and Wales

A Third Party Power Purchase Agreement under English and Welsh law is a long-term contract between a power generator, an end-user, and a licensed supplier who facilitates the transaction. The agreement governs the sale and purchase of electricity, typically from renewable sources, establishing terms for pricing, volume commitments, delivery, and risk allocation. It enables direct procurement of electricity while complying with UK electricity market regulations and licensing requirements.

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What is a Third Party Power Purchase Agreement?

Third Party Power Purchase Agreements are increasingly used in the UK energy market to facilitate direct electricity procurement between generators and consumers while maintaining regulatory compliance. These agreements are particularly valuable for renewable energy projects, providing revenue certainty for generators and stable electricity costs for consumers. Under English and Welsh law, these agreements must involve a licensed supplier as an intermediary to comply with electricity supply regulations. The document covers essential aspects including pricing mechanisms, volume commitments, metering requirements, and risk allocation between parties.

What sections should be included in a Third Party Power Purchase Agreement?

1. Parties: Identification of all contracting parties including generator, buyer, and any intermediaries

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

3. Definitions: Defined terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding electricity sale and purchase, including volume commitments

5. Price and Payment: Pricing mechanism, payment terms, invoicing, and disputes

6. Term and Termination: Duration of agreement and termination rights

7. Metering and Communications: Requirements for measuring and reporting electricity generation

8. Force Majeure: Events outside parties' control affecting performance

What sections are optional to include in a Third Party Power Purchase Agreement?

1. Green Certificates: Provisions for handling renewable energy certificates or guarantees of origin when dealing with renewable energy sources

2. Development Obligations: Construction and commissioning requirements for projects not yet operational

3. Credit Support: Security arrangements and credit requirements when credit risk management is needed

What schedules should be included in a Third Party Power Purchase Agreement?

1. Facility Description: Technical specifications of the generation facility

2. Pricing Schedule: Detailed pricing mechanisms and calculations

3. Operating Parameters: Technical operating requirements and constraints

4. Form of Direct Agreement: Standard form for direct agreements with financiers

5. Metering Specifications: Technical requirements for metering equipment

6. Performance Requirements: Minimum performance standards and testing procedures

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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use

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