Direct Power Purchase Agreement Template for Ireland

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Key Requirements PROMPT example:

Direct Power Purchase Agreement

"I need a Direct Power Purchase Agreement for a 50MW solar project in County Cork, Ireland, where our tech company will be the corporate buyer and we require the agreement to include provisions for both physical power delivery and renewable energy certificates, with operations expected to commence in March 2025."

Document background
The Direct Power Purchase Agreement template is designed for use in the Irish market, where corporate demand for renewable electricity is growing amid increasing sustainability commitments and regulatory requirements. It provides a comprehensive framework for long-term electricity purchase arrangements between generators (typically renewable energy producers) and corporate buyers, ensuring compliance with Irish energy law and relevant EU regulations. The document addresses key commercial and technical aspects including pricing, delivery obligations, metering, and risk allocation, while incorporating specific Irish market mechanisms and grid requirements. This template is particularly relevant given Ireland's ambitious renewable energy targets and the increasing trend of corporate entities seeking to secure clean energy supply through direct procurement.
Suggested Sections

1. Parties: Identification of the Generator/Seller and the Corporate Buyer/Offtaker

2. Background: Context of the agreement, including facility details and parties' objectives

3. Definitions and Interpretation: Detailed definitions of terms used and rules of interpretation

4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including any minimum purchase obligations

5. Term and Conditions Precedent: Duration of agreement and conditions that must be satisfied before the agreement becomes fully effective

6. Delivery Point and Title: Specification of where electricity will be delivered and transfer of title

7. Metering and Communications: Requirements for measuring delivered electricity and communications between parties

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

9. Generator Obligations: Key obligations of the generator including maintenance, insurance, and compliance requirements

10. Buyer Obligations: Key obligations of the buyer including payment and credit support

11. Force Majeure: Events excusing performance and procedures for handling force majeure situations

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

13. Liability and Indemnities: Allocation of risks and responsibilities between parties

14. Dispute Resolution: Procedures for resolving disputes between parties

15. Confidentiality: Protection of confidential information and permitted disclosures

16. General Provisions: Standard boilerplate provisions including notices, amendments, and governing law

Optional Sections

1. Green Benefits: Provisions regarding renewable energy certificates and other environmental attributes - include when these are being transferred as part of the agreement

2. Change in Law: Procedures for handling regulatory changes - include for longer-term PPAs or in jurisdictions with evolving regulatory frameworks

3. Grid Connection: Specific provisions relating to grid connection requirements - include when the generator is responsible for grid connection

4. Performance Security: Requirements for performance bonds or other security - include when required by either party's credit requirements

5. Construction and Commissioning: Requirements for new facilities - include only for PPAs signed before facility completion

6. Forecasting and Scheduling: Detailed procedures for production forecasting - include for variable renewable sources like wind or solar

7. Buy-Out Option: Terms for potential purchase of the generating facility - include when buyer may want future ownership rights

8. Insurance: Detailed insurance requirements - include as separate section when complex insurance arrangements are needed

Suggested Schedules

1. Facility Description: Technical specifications of the generating facility including location, capacity, and technology

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

3. Metering Specifications: Technical requirements for metering equipment and procedures

4. Pricing Mechanism: Detailed pricing calculations, adjustments, and examples

5. Operating Procedures: Detailed procedures for day-to-day operation and communication

6. Form of Direct Agreement: Standard form of direct agreement with lenders if required

7. Performance Requirements: Detailed technical performance specifications and guarantees

8. Form of Parent Company Guarantee: Standard form of parent company guarantee if required

9. Insurance Requirements: Detailed specification of required insurance coverage

10. Grid Connection Details: Technical specifications and requirements for grid connection

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

Renewable Energy

Utilities

Manufacturing

Data Centers

Technology

Industrial Processing

Food and Beverage

Pharmaceutical

Real Estate

Retail

Banking and Finance

Green Energy

Sustainability Services

Relevant Teams

Legal

Procurement

Sustainability

Finance

Operations

Risk Management

Environmental Compliance

Commercial

Energy Trading

Project Development

Corporate Strategy

Relevant Roles

Chief Sustainability Officer

Energy Procurement Manager

Legal Counsel

Commercial Director

Sustainability Manager

Power Plant Manager

Chief Financial Officer

Risk Manager

Operations Director

Renewable Energy Developer

Project Finance Manager

Environmental Compliance Officer

Energy Trading Manager

Corporate Strategy Director

Procurement Officer

Industries
Electricity Regulation Act 1999: Primary legislation governing the electricity sector in Ireland, including licensing requirements for electricity generation and supply
EU Directive 2018/2001 (RED II): EU Renewable Energy Directive establishing framework for renewable energy promotion and development, including provisions relevant to corporate PPAs
EU Regulation 2019/943: Regulation on the internal market for electricity, affecting how PPAs are structured and operated in the EU market
Irish Contract Law and Commercial Law (Common Law): General principles of contract formation, enforcement, and remedies under Irish law
Energy (Miscellaneous Provisions) Act 2006: Additional regulations affecting energy market operations and contracts in Ireland
S.I. No. 426/2014 - European Union (Energy Efficiency) Regulations 2014: Irish regulations implementing EU energy efficiency requirements, affecting energy supply contracts
Climate Action and Low Carbon Development Acts 2015-2021: Framework legislation setting climate action targets and affecting renewable energy development in Ireland
Commission for Regulation of Utilities (CRU) Grid Connection Policy: Regulatory requirements for grid connection and operation relevant to PPA projects
Renewable Electricity Support Scheme (RESS): Government support scheme for renewable electricity projects, which may affect PPA structuring
Consumer Protection Act 2007: Legislation protecting consumer rights in contracts, relevant if the PPA involves supply to smaller businesses
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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