Power Purchase Agreement Wind Template for Indonesia

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What is a Power Purchase Agreement Wind?

The Power Purchase Agreement Wind template is essential for wind power projects in Indonesia's growing renewable energy sector. It serves as the fundamental commercial agreement between an Independent Power Producer developing and operating a wind power facility and PT PLN (Persero) as the state electricity company. The document is designed to comply with Indonesian regulatory requirements, including the Electricity Law and renewable energy regulations, while addressing specific characteristics of wind power generation such as intermittency and technical requirements. This agreement type is crucial for Indonesia's renewable energy targets and includes provisions for project development, operation, maintenance, pricing, and risk allocation. It's particularly relevant given Indonesia's increasing focus on renewable energy development and the government's commitment to expanding clean energy sources in the national energy mix.

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Imad Mohammed Nazar

Legal Engineer, GenieAI

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A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Indonesia

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Power Purchase Agreement Wind

A Power Purchase Agreement (PPA) for wind energy projects is a comprehensive commercial contract that governs the sale and purchase of electricity generated from wind power facilities. In Indonesia's evolving renewable energy landscape, these agreements are essential for establishing the legal and commercial framework between Independent Power Producers (IPPs) and PT PLN (Persero), the state electricity company.

When do you need this document?

You need a Power Purchase Agreement Wind when developing or investing in wind power projects in Indonesia. This includes situations where you're establishing a new wind farm, expanding existing renewable energy capacity, or entering into long-term electricity sales arrangements with PLN. The agreement is particularly crucial for securing project financing, as lenders require certainty about future revenue streams before committing capital to wind energy developments. You'll also need this document when participating in government renewable energy tenders or when seeking to contribute to Indonesia's national renewable energy targets under the National Energy Policy.

Key legal considerations

Critical provisions in wind power purchase agreements include capacity guarantees, delivery obligations, and force majeure clauses that account for wind resource variability. The agreement must address technical specifications for grid connection, power quality standards, and metering requirements specific to wind generation. Pricing mechanisms typically incorporate fixed tariffs or escalation formulas that reflect long-term economic viability while ensuring fair returns for investors. Risk allocation between parties covers construction delays, equipment performance, transmission constraints, and regulatory changes. Termination provisions must balance the need for contract security with flexibility for changing market conditions or policy adjustments.

Legal requirements in Indonesia

Indonesian wind power purchase agreements must comply with Law No. 30 of 2009 on Electricity, which establishes the regulatory framework for power generation and sales. MEMR Regulation No. 50 of 2017 specifically governs renewable energy utilization, including wind power projects, and sets technical and commercial requirements for grid-connected facilities. Presidential Regulation No. 4 of 2016 on Electricity Infrastructure provides additional guidance on renewable energy development acceleration. The agreement must address foreign investment restrictions under Law No. 25 of 2007 on Investment, particularly regarding ownership structures and local content requirements. Environmental compliance under relevant Indonesian environmental laws is mandatory, including Environmental Impact Assessment (AMDAL) requirements for large-scale wind developments. The contract must also conform to Indonesian contract law principles and dispute resolution mechanisms, typically incorporating arbitration clauses for international commercial disputes while respecting local jurisdiction requirements.

GOVERNING LAW

Applicable law

This Power Purchase Agreement Wind is drafted to comply with Indonesia law. Key legislation includes:

Law No. 30 of 2009 on Electricity: The fundamental electricity law in Indonesia that governs power generation, transmission, distribution, and sales, including licensing requirements for power producers
Presidential Regulation No. 4 of 2016 on Electricity Infrastructure: Regulates the acceleration of electricity infrastructure development, including renewable energy projects
MEMR Regulation No. 50 of 2017: Regulates the utilization of renewable energy sources for electricity generation, including specific provisions for wind power projects
Government Regulation No. 79 of 2014 on National Energy Policy: Sets the framework for Indonesia's energy mix targets, including renewable energy development goals
Law No. 25 of 2007 on Investment: Provides the legal framework for foreign and domestic investment in power projects
Law No. 32 of 2009 on Environmental Protection and Management: Establishes environmental protection requirements and environmental impact assessment procedures for power projects
MEMR Regulation No. 4 of 2020: Governs the power purchase pricing mechanism between independent power producers and PLN (state utility company)
Law No. 2 of 2012 on Land Procurement: Regulates land acquisition and usage rights for infrastructure projects including power plants
Government Regulation No. 14 of 2012 on Electricity Business: Details the implementation of electricity business activities, including technical and safety standards
MEMR Regulation No. 39 of 2018: Provides guidelines for grid connection and transmission requirements for power producers

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