Energy Purchase Agreement Template for Malaysia

An Energy Purchase Agreement (EPA) is a long-term contract where a power producer commits to sell electricity to a buyer, typically Tenaga Nasional Berhad (TNB) in Malaysia. These agreements form the backbone of Malaysia's renewable energy projects, especially under the Large Scale Solar (LSS) program and the Feed-in Tariff mechanism.

EPAs set out crucial terms like power pricing, delivery schedules, and performance standards. They give project developers the revenue certainty needed to secure financing, while helping TNB meet its renewable energy targets under Malaysia's National Energy Policy. Most EPAs in Malaysia run for 21-25 years, providing stability for both parties and supporting the country's green energy transition.

Energy Purchase Agreements become essential when developing renewable energy projects in Malaysia, particularly for solar farms, biomass plants, or hydroelectric facilities. The most common scenario is when independent power producers need to secure long-term revenue streams before approaching banks for project financing.

These agreements prove especially valuable when participating in government initiatives like the Large Scale Solar program or Feed-in Tariff scheme. Companies need EPAs to lock in power purchase rates with TNB, meet Sustainable Energy Development Authority requirements, and demonstrate project viability to investors. Timing is crucial - negotiate your EPA early in project development to ensure bankability and smooth regulatory approval.

• Power Purchase Contract: Standard agreement used for large-scale power plants selling to TNB, featuring detailed capacity and dispatch requirements
• PPA Agreement Solar: Specifically designed for solar farm developers under Malaysia's LSS program, with solar-specific performance metrics
• Residential Power Purchase Agreement: Tailored for smaller-scale residential solar installations, with simplified terms and consumer protections
• Prepaid Solar Power Purchase Agreement: Features upfront payment structures, often used in community solar projects or corporate installations

• Power Producers: Private companies, renewable energy developers, or independent power plants that generate and sell electricity through Energy Purchase Agreements
• Tenaga Nasional Berhad (TNB): Malaysia's primary utility company and main power purchaser, responsible for grid distribution and payment obligations
• Legal Teams: Corporate lawyers and energy specialists who draft and negotiate EPA terms, ensuring compliance with Energy Commission regulations
• Financial Institutions: Banks and lenders who require EPAs as security for project financing
• Sustainable Energy Development Authority: Government body overseeing renewable energy policies and approving EPA structures for Feed-in Tariff projects

• Project Details: Compile technical specifications, including generation capacity, technology type, and grid connection points
• Regulatory Compliance: Secure necessary permits from the Energy Commission and SEDA Malaysia before drafting begins
• Financial Projections: Calculate power pricing, payment terms, and performance guarantees that ensure project bankability
• Technical Standards: Document grid code requirements, maintenance schedules, and performance metrics
• Documentation Platform: Use our automated system to generate a customized EPA that includes all mandatory elements and meets Malaysian regulatory requirements
• Stakeholder Input: Gather feedback from technical, financial, and legal teams on draft terms before finalizing

• Parties and Capacity: Full legal names, registration numbers, and authorized signatories of both power producer and purchaser
• Project Specifications: Detailed description of facility location, technology type, and installed capacity
• Power Purchase Terms: Energy pricing, payment mechanisms, and minimum guaranteed output levels
• Operational Requirements: Performance standards, maintenance schedules, and grid connection specifications
• Force Majeure: Events beyond reasonable control and their impact on obligations
• Term and Termination: Contract duration, renewal options, and early termination conditions
• Dispute Resolution: Malaysian law as governing law, arbitration procedures under AIAC rules

Energy Purchase Agreements (EPAs) are often confused with Power Purchase Agreements (PPAs), but they serve distinct purposes in Malaysia's energy sector. While both deal with energy transactions, let's explore their key differences:

• Scope and Focus: EPAs typically cover broader energy resources including biomass and hydroelectric, while PPAs traditionally focus on conventional power generation
• Regulatory Framework: EPAs fall under Malaysia's Renewable Energy Act 2011, while PPAs are governed by the Electricity Supply Act 1990
• Contract Structure: EPAs include specific renewable energy performance metrics and environmental credits, unlike Purchase Agreement which focuses mainly on price and quantity terms
• Payment Mechanisms: EPAs often include Feed-in Tariff rates and renewable energy certificates, while standard purchase agreements use simpler pricing structures
• Duration: EPAs typically run 21-25 years to match renewable project lifecycles, compared to shorter terms in standard purchase contracts