Corporate Ppa Renewable (Energy) Template for Indonesia

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Key Requirements PROMPT example:

Corporate Ppa Renewable (Energy)

"I need a Corporate PPA Renewable (Energy) agreement for a 50MW solar project in West Java, Indonesia, where my manufacturing company will purchase 100% of the output for 15 years starting March 2025, with provisions for battery storage and requirements for green certificates."

Document background
The Corporate PPA Renewable (Energy) is a crucial document for companies seeking to secure renewable energy supply in Indonesia's evolving energy market. It serves as the primary agreement governing the long-term sale and purchase of renewable electricity between independent power producers and corporate buyers. This document type has gained significance as Indonesia pushes towards its renewable energy targets and as corporations increasingly seek to meet their sustainability goals. The agreement must navigate Indonesia's complex regulatory framework, including requirements under the Electricity Law, MEMR regulations, and PLN's role as the national utility. It typically includes provisions for energy pricing, delivery obligations, technical requirements, force majeure events, and dispute resolution mechanisms, while ensuring compliance with local content requirements and grid connection regulations. This document is particularly relevant for private sector renewable energy projects, including solar, wind, and other clean energy sources.
Suggested Sections

1. Parties: Identification of the power producer and corporate purchaser, including their complete legal names, registration numbers, and authorized representatives

2. Background: Context of the agreement, including the renewable energy project details, facility location, and relevant permits/licenses obtained

3. Definitions: Comprehensive definitions of technical, commercial, and legal terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of renewable energy, including minimum supply commitments and take-or-pay provisions

5. Term and Effectiveness: Duration of the agreement, conditions precedent, and effectiveness date

6. Price and Payment: Energy pricing structure, payment terms, invoicing procedures, and any price adjustment mechanisms

7. Metering and Documentation: Requirements for measuring delivered energy, maintaining records, and verifying renewable energy certificates

8. Connection and Delivery: Technical requirements for grid connection, delivery points, and interconnection responsibilities

9. Performance Standards: Required technical and operational standards, including availability guarantees and quality requirements

10. Force Majeure: Definition of force majeure events and their consequences, including relief provisions and termination rights

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

12. Liability and Indemnification: Allocation of risks, limitation of liability, and indemnification obligations

13. Insurance: Required insurance coverage for both parties

14. Dispute Resolution: Procedures for resolving disputes, including choice of forum and governing law provisions

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

Optional Sections

1. Environmental Attributes: Provisions regarding renewable energy certificates and carbon credits, used when the corporate purchaser wants to claim environmental benefits

2. Battery Storage: Terms relating to energy storage systems, included when the facility includes battery storage components

3. Private Wire Arrangements: Specific provisions for direct wire connections between generator and purchaser, used in behind-the-meter arrangements

4. Change in Law: Detailed provisions on handling regulatory changes, particularly important in emerging renewable energy markets

5. Local Content Requirements: Provisions ensuring compliance with Indonesian local content requirements, if applicable to the project

6. Forecasting and Scheduling: Detailed procedures for energy production forecasting, included for larger-scale projects

7. Performance Security: Requirements for performance bonds or other security, included for higher-value contracts

8. Step-in Rights: Provisions allowing lender or purchaser step-in rights, included when project financing is involved

Suggested Schedules

1. Facility Description: Detailed technical specifications of the renewable energy facility, including capacity, location, and equipment details

2. Testing and Commissioning Procedures: Procedures and standards for facility testing and commissioning

3. Performance Standards and Testing: Detailed technical standards and testing procedures for ongoing operation

4. Pricing and Payment Calculations: Detailed formulas and examples for calculating energy payments

5. Operating Procedures: Detailed procedures for daily operation, maintenance, and communication

6. Form of Direct Agreement: Standard form agreement between lenders, producer, and purchaser

7. Interconnection Requirements: Technical specifications for grid interconnection

8. Performance Security Forms: Templates for required performance bonds or guarantees

9. Insurance Requirements: Detailed specifications of required insurance coverage

10. Governmental Approvals: List of required permits, licenses, and regulatory approvals

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

Relevant legal definitions
Clauses
Relevant Industries

Energy & Natural Resources

Renewable Energy

Manufacturing

Industrial

Technology

Real Estate

Financial Services

Infrastructure

Utilities

Mining

Data Centers

Relevant Teams

Legal

Procurement

Sustainability

Finance

Operations

Risk Management

Compliance

Corporate Strategy

Energy Trading

Project Development

Environmental Affairs

Commercial

Relevant Roles

General Counsel

Energy Procurement Manager

Sustainability Director

Chief Financial Officer

Legal Counsel

Commercial Director

Project Development Manager

Risk Manager

Compliance Officer

Operations Director

Chief Sustainability Officer

Energy Trading Manager

Corporate Strategy Director

Renewable Energy Developer

Power Purchase Manager

Industries
Law No. 30 of 2009 on Electricity: The fundamental electricity law in Indonesia that governs the generation, transmission, and distribution of electricity, including licensing requirements and basic provisions for power purchase agreements
Government Regulation No. 79 of 2014 on National Energy Policy: Sets the national energy policy framework and renewable energy targets, crucial for understanding the regulatory context of renewable energy development
MEMR Regulation No. 50 of 2017: Specific regulation on the utilization of renewable energy sources for electricity generation, including pricing mechanisms and technical requirements
Presidential Regulation No. 4 of 2016 on Electricity Infrastructure: Regulates the acceleration of electricity infrastructure development, including provisions for private sector participation
Law No. 25 of 2007 on Investment: Governs foreign and domestic investment in Indonesia, including in the energy sector, crucial for understanding investment restrictions and requirements
Indonesian Civil Code (KUHPerdata): Provides the basic framework for contract law in Indonesia, including general provisions on agreements, obligations, and contract formation
MEMR Regulation No. 49 of 2018: Regulates the use of rooftop solar power systems, relevant for distributed generation PPAs
Law No. 40 of 2007 on Limited Liability Companies: Governs corporate entities in Indonesia, essential for understanding corporate capacity and authority in entering into PPAs
MEMR Regulation No. 4 of 2020: Latest regulation on power purchase from renewable energy sources, including tariff mechanisms and procurement procedures
Government Regulation No. 14 of 2012 on Electricity Business: Implements the Electricity Law and provides detailed provisions on electricity business activities, including private sector participation
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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