Power Sale Agreement for India

Power Sale Agreement Template for India

A Power Sale Agreement under Indian jurisdiction is a comprehensive legal document that governs the sale and purchase of electrical power between generating companies and buyers. The agreement is structured in accordance with the Electricity Act 2003 and various regulations set by the Central and State Electricity Regulatory Commissions. It details essential terms including power quantity, pricing mechanisms, delivery points, scheduling procedures, and operational parameters while ensuring compliance with Indian power sector regulations and technical standards.

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What is a Power Sale Agreement?

The Power Sale Agreement (PSA) is a crucial document in India's power sector that establishes the legal and commercial framework for electricity trading between generators and purchasers. It is commonly used when power generating companies, including conventional and renewable energy producers, want to sell electricity to distribution companies, industrial consumers, or power trading companies. The agreement must comply with the Electricity Act 2003, relevant CERC and SERC regulations, and state-specific power sector policies. Key components include tariff structures, scheduling mechanisms, metering requirements, and operational procedures. This document is particularly important in the context of India's evolving power market and increasing focus on renewable energy integration.

What sections should be included in a Power Sale Agreement?

1. Parties: Identification of the power seller and purchaser with complete details

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

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Sale and Purchase Obligations: Core obligations regarding power supply and purchase commitments

5. Term and Termination: Duration of agreement, renewal terms, and termination conditions

6. Tariff and Payment Terms: Pricing structure, billing procedures, and payment obligations

7. Metering and Energy Accounting: Requirements for measuring and recording power supply

8. Scheduling and Dispatch: Procedures for scheduling power delivery and dispatch instructions

9. Force Majeure: Events constituting force majeure and consequent rights and obligations

10. Events of Default: Circumstances constituting default and remedies

11. Dispute Resolution: Procedures for resolving disputes between parties

12. Representations and Warranties: Standard declarations by both parties

13. Confidentiality: Protection of confidential information

14. Governing Law and Jurisdiction: Applicable law and jurisdiction for disputes

What sections are optional to include in a Power Sale Agreement?

1. Renewable Energy Obligations: Required when power is from renewable sources, covering renewable energy certificates and compliance

2. Change in Law: Needed for long-term agreements to address regulatory changes impact

3. Assignment and Transfer: Include when transfer rights are important for project financing

4. Insurance: Required when specific insurance obligations need to be imposed

5. Environmental Compliance: Necessary when environmental obligations need specific attention

6. Grid Connection: Required when grid connection responsibilities need clarification

7. Trading Licenses: Include when either party requires specific trading licenses

8. Security Package: Required when payment security mechanisms are needed

What schedules should be included in a Power Sale Agreement?

1. Technical Specifications: Details of power plant, generation capacity, and technical parameters

2. Testing Procedures: Procedures for testing and commissioning

3. Tariff Schedule: Detailed breakdown of tariff components and calculations

4. Operating Procedures: Detailed procedures for day-to-day operations

5. Metering Specifications: Technical specifications for metering equipment

6. Communication Protocols: Procedures for operational communications

7. Performance Standards: Required performance levels and penalties

8. Interface Delivery Points: Specification of power delivery points

9. Forms of Notices: Standard forms for various notices under the agreement

10. Security Documents: Forms of payment security mechanisms

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

India

Publisher

Genie AI

Document Type

Purchase Agreement

Cost

Free to use

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