Direct Power Purchase Agreement for Hong Kong

Direct Power Purchase Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the terms and conditions for the direct purchase of electricity between a power generator and an end-user. The document addresses crucial aspects including pricing mechanisms, delivery obligations, technical requirements for power supply, grid connection requirements, and compliance with Hong Kong's electricity market regulations. It includes specific provisions for measuring and verifying electricity supply, managing risks, and ensuring compliance with local technical and regulatory standards while providing clear remedies for non-performance.

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What is a Direct Power Purchase Agreement?

The Direct Power Purchase Agreement (PPA) is essential for organizations in Hong Kong seeking to secure long-term electricity supply directly from power generators, particularly in the context of renewable energy procurement and corporate sustainability goals. This agreement type has become increasingly relevant as businesses seek to reduce their carbon footprint and secure stable electricity pricing. The document addresses the unique characteristics of Hong Kong's electricity market, including interaction with the existing utility companies and compliance with local regulatory requirements. It covers technical specifications, commercial terms, risk allocation, and operational procedures, making it suitable for both on-site and off-site power generation arrangements. The agreement must align with Hong Kong's Scheme of Control Agreements and relevant electricity ordinances while providing flexibility for evolving market conditions.

What sections should be included in a Direct Power Purchase Agreement?

1. Parties: Identification of the power generator/seller and the purchaser/buyer

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

3. Definitions and Interpretation: Defined terms, interpretation rules, and governing language

4. Sale and Purchase Obligations: Core obligations for electricity supply and purchase, including minimum purchase commitments

5. Term and Termination: Duration of agreement, renewal options, and termination rights

6. Price and Payment: Pricing structure, payment terms, invoicing, and dispute procedures

7. Metering and Testing: Requirements for measuring electricity delivery and quality

8. Delivery Point and Title: Specification of delivery point and transfer of title

9. Grid Connection and Technical Requirements: Compliance with grid codes and technical standards

10. Operation and Maintenance: Maintenance responsibilities and operational standards

11. Force Majeure: Events excusing performance and associated procedures

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

13. Insurance: Required insurance coverage for both parties

14. Default and Remedies: Events of default and corresponding remedies

15. Dispute Resolution: Process for resolving disputes, including jurisdiction

16. Confidentiality: Protection of confidential information

17. Governing Law: Application of Hong Kong law and jurisdiction

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

1. Environmental Attributes: Provisions for renewable energy certificates and environmental benefits, used when the PPA involves renewable energy sources

2. Battery Storage: Terms for energy storage systems, included when battery storage is part of the arrangement

3. Forecasting and Scheduling: Requirements for production forecasting, included for variable renewable energy sources

4. Change in Law: Provisions for handling regulatory changes, important in evolving regulatory environments

5. Performance Guarantees: Specific generation or availability guarantees, used for larger commercial arrangements

6. Local Content Requirements: Provisions regarding local content or employment, included if required by regulations

7. Development and Construction: Terms for facility construction phase, included for projects not yet operational

What schedules should be included in a Direct Power Purchase Agreement?

1. Facility Description: Technical specifications of the generation facility

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

3. Pricing Formula: Detailed pricing calculations and adjustments

4. Operating Parameters: Technical and operational specifications

5. Metering Specifications: Detailed metering requirements and procedures

6. Form of Performance Security: Template for performance security documents

7. Grid Connection Requirements: Technical specifications for grid connection

8. Annual Contract Quantity: Specified amounts of electricity to be delivered

9. Contact Details: Key personnel and communication protocols

10. Form of Direct Agreement: Template for direct agreements with financiers

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

Cost

Free to use

Relevant legal definitions

Actual Delivered Energy
Agreement Date
Annual Contract Quantity
Availability
Billing Period
Business Day
Capacity
Change in Law
Commencement Date
Commercial Operation Date
Contract Price
Contract Year
Deemed Generated Energy
Delivery Point
Dispute
Effective Date
Electricity
Emergency
Energy Charge
Environmental Attributes
Event of Default
Facility
Force Majeure Event
Good Industry Practice
Grid
Grid Code
Grid Connection Agreement
Grid Connection Point
Grid Operator
Guaranteed Energy
Hong Kong
Initial Term
Interconnection Facilities
Invoice
Letter of Credit
Maintenance Schedule
Metering Equipment
Metering Point
Minimum Take-or-Pay Quantity
Monthly Invoice
Operating Parameters
Operating Procedures
Outage
Performance Security
Planned Maintenance
Point of Connection
Power Purchase Rate
Prudent Operating Practice
Purchase Obligation
Renewable Energy Certificates
Required Consents
Scheduled Commercial Operation Date
Scheduled Maintenance
Scheme of Control Agreement
Security Interest
Seller's Facility
Site
Specified Rate
System Emergency
Technical Limits
Term
Testing
Transmission System
Unplanned Outage

Clauses

Relevant Industries

Energy & Utilities

Renewable Energy

Manufacturing

Real Estate

Data Centers

Industrial

Commercial Property

Technology

Banking & Finance

Infrastructure

Retail

Relevant Teams

Legal

Procurement

Sustainability

Operations

Finance

Risk Management

Facilities Management

Environmental Compliance

Technical Operations

Commercial

Relevant Roles

Chief Sustainability Officer

Energy Manager

Facilities Director

Legal Counsel

Procurement Manager

Chief Financial Officer

Technical Director

Risk Manager

Sustainability Manager

Operations Director

Commercial Director

Project Manager

Environmental Compliance Officer

Energy Trader

Contract Manager

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What is a Direct Power Purchase Agreement?

What sections should be included in a Direct Power Purchase Agreement?

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

What schedules should be included in a Direct Power Purchase Agreement?

Authors

Alex Denne

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