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Power Supply Agreement

Power Supply Agreement Template for India

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Power Supply Agreement

I need a Power Supply Agreement for my solar power plant (50MW capacity) to supply electricity to a state distribution company in Maharashtra, India, including provisions for renewable energy certificates and carbon credits, with operations starting from March 2025.

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Document background
The Power Supply Agreement serves as a crucial legal instrument in India's energy sector, establishing the contractual framework between power generators/suppliers and purchasers. This document is essential when establishing long-term power supply arrangements, whether for industrial consumers, distribution companies, or bulk power users. It comprehensively addresses technical specifications, supply obligations, tariff structures, and operational procedures while ensuring compliance with Indian regulatory requirements, including the Electricity Act 2003 and relevant CERC regulations. The agreement is particularly important in contexts involving significant power consumption, grid connectivity requirements, or specialized power supply arrangements. It includes detailed provisions for quality parameters, metering, billing, dispute resolution, and force majeure events, making it a fundamental document for energy sector transactions in India.
Suggested Sections

1. Parties: Details of the power supplier and purchaser, including their registered addresses and authorized representatives

2. Background: Context of the agreement, including relevant licenses, approvals, and the basis for entering into the power supply arrangement

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

4. Term and Duration: Period of the agreement, including commencement date, duration, and renewal provisions

5. Supply Obligations: Core obligations regarding power supply, including quantity, availability, and quality parameters

6. Power Specifications: Technical specifications of power supply, including voltage levels, frequency, and other technical parameters

7. Metering and Measurements: Requirements for metering equipment, measurement procedures, and record-keeping

8. Tariff and Payment Terms: Detailed pricing structure, billing procedures, payment terms, and dispute resolution for billing

9. Connection and Delivery Point: Specifications of the delivery point and connection responsibilities

10. Operating Procedures: Day-to-day operational procedures, including scheduling, dispatch, and maintenance

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

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

13. Dispute Resolution: Procedures for resolving disputes, including arbitration provisions

14. Governing Law: Applicable law and jurisdiction

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

Optional Sections

1. Renewable Energy Obligations: Required when the power supply involves renewable energy sources, including specific obligations and renewable energy certificates

2. Cross-Border Supply Provisions: Needed for international power supply arrangements, including specific regulatory compliance requirements

3. Grid Integration: Required for arrangements involving direct grid connection, specifying technical requirements and responsibilities

4. Carbon Credits: Relevant for clean energy projects, addressing ownership and trading of carbon credits

5. Deemed Generation: Required when the agreement needs to address compensation for grid failure or backup power arrangements

6. Change in Law: Detailed provisions for handling regulatory changes, particularly relevant in long-term agreements

7. Step-in Rights: Required when lenders need protection through step-in rights in case of default

Suggested Schedules

1. Technical Specifications: Detailed technical parameters of power supply, equipment specifications, and quality standards

2. Tariff Schedule: Detailed breakdown of tariff components, calculations, and adjustment mechanisms

3. Testing and Commissioning Procedures: Procedures for initial testing and periodic testing of supply infrastructure

4. Operating Procedures Manual: Detailed procedures for day-to-day operations, emergency responses, and maintenance

5. Metering Specifications: Technical details of metering equipment, calibration requirements, and testing procedures

6. Performance Standards: Detailed performance parameters, penalties, and incentives

7. Insurance Requirements: List of required insurance coverage and minimum coverage amounts

8. Interconnection Details: Technical specifications and drawings of interconnection facilities

9. Contact Details: List of authorized representatives and emergency contacts

10. Applicable Permits: List of required permits, licenses, and compliance certificates

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Actual Delivered Energy
Agreed Supply Capacity
Applicable Law
Availability
Available Capacity
Billing Cycle
Billing Period
CERC
Commercial Operation Date
Connection Point
Contract Year
Contracted Capacity
Delivery Point
Dispatch Instructions
Distribution License
Due Date
Effective Date
Electricity Grid Code
Emergency
Energy Charge
Event of Default
Fixed Charge
Force Majeure Event
Good Industry Practice
Grid
Grid Failure
Installed Capacity
Interconnection Facilities
Invoice
Letter of Credit
Maintenance Outage
Maximum Demand
Metering Point
Metering System
Minimum Off-take
Month
Operating Procedures
Planned Outage
Point of Common Coupling
Power Factor
Power Purchase Price
Prudent Utility Practices
Reactive Power
Scheduled Commercial Operation Date
Scheduled Outage
SERC
Settlement Period
SLDC
State Grid Code
System Emergency
Tariff
Technical Limits
Term
Termination Notice
Testing Period
Transmission License
Unplanned Outage
Voltage Level
Working Day
Clauses
Interpretation
Definitions
Term and Duration
Supply Obligations
Technical Specifications
Metering and Measurement
Tariff and Payments
Billing and Settlement
Connection and Delivery
Operating Procedures
Maintenance
Force Majeure
Representations and Warranties
Events of Default
Termination
Liability and Indemnification
Insurance
Dispute Resolution
Governing Law
Assignment
Confidentiality
Notices
Change in Law
Anti-corruption
Compliance
Health and Safety
Environmental Compliance
Security Arrangements
Performance Standards
Testing and Commissioning
Grid Connection
Emergency Procedures
Record Keeping
Audit Rights
Intellectual Property
Regulatory Compliance
Step-in Rights
Taxes and Duties
Entire Agreement
Amendments
Waiver
Severability
Relevant Industries

Energy & Utilities

Power Generation

Renewable Energy

Manufacturing

Industrial Production

Infrastructure

Mining

Commercial Real Estate

Data Centers

Heavy Industries

Relevant Teams

Legal

Operations

Commercial

Regulatory Affairs

Finance

Risk Management

Technical Services

Energy Trading

Project Development

Environmental Compliance

Procurement

Grid Management

Asset Management

Relevant Roles

Energy Procurement Manager

Power Plant Manager

Legal Counsel

Regulatory Compliance Officer

Commercial Director

Chief Technical Officer

Energy Trading Manager

Grid Operations Manager

Contract Manager

Risk Manager

Chief Financial Officer

Operations Director

Sustainability Manager

Project Development Manager

Power Systems Engineer

Industries
The Electricity Act, 2003: Primary legislation governing the generation, transmission, distribution, trading and use of electricity in India. Sets framework for power sector regulation, licensing, and consumer rights.
Indian Contract Act, 1872: Fundamental law governing contract formation and enforcement in India, essential for the validity and enforceability of the power supply agreement.
The Energy Conservation Act, 2001: Provides framework for energy efficiency and conservation measures, relevant for power supply agreements involving energy usage standards.
Central Electricity Regulatory Commission (CERC) Regulations: Regulations governing interstate power trading, tariff determination, and grid operations.
State Electricity Regulatory Commission Regulations: State-specific regulations governing intrastate power distribution, trading, and tariffs.
Environmental Protection Act, 1986: Environmental compliance requirements for power generation and distribution activities.
National Electricity Policy: Policy framework guiding electricity sector development, including guidelines for power supply arrangements.
Electricity Rules, 2005: Detailed rules implementing various provisions of the Electricity Act, including technical and operational standards.
Consumer Protection Act, 2019: Provisions for protecting consumer interests in service delivery, including power supply services.
Competition Act, 2002: Regulations preventing anti-competitive practices in power supply and distribution arrangements.
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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