Power Purchase Contract Template for New Zealand

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Key Requirements PROMPT example:

Power Purchase Contract

"I need a Power Purchase Contract for a 50MW solar farm in Canterbury, New Zealand, with construction starting in March 2025, including specific provisions for selling excess power back to the grid and handling renewable energy certificates."

Document background
The Power Purchase Contract serves as a cornerstone agreement in New Zealand's energy sector, establishing the commercial and technical framework for electricity sales between generators and purchasers. This document is essential when parties seek to establish long-term electricity supply arrangements, whether for renewable energy projects, industrial operations, or other commercial purposes. It must comply with New Zealand's regulatory requirements, including the Electricity Industry Act 2010 and related regulations. The agreement typically covers a period of several years and includes detailed provisions for pricing, delivery obligations, performance standards, and risk allocation. It's particularly crucial for project financing of new generation facilities and for businesses seeking to secure stable, long-term power supply arrangements.
Suggested Sections

1. Parties: Identification of the power producer/seller and the purchaser, including full legal names and addresses

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

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

4. Term and Termination: Duration of the agreement, conditions for renewal, and termination rights

5. Sale and Purchase Obligations: Core obligations including commitment to supply and purchase electricity

6. Delivery Point and Title: Specification of where electricity is delivered and when title passes

7. Metering and Testing: Requirements for measuring electricity delivery and quality

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

9. Force Majeure: Events excusing performance and procedures for handling such events

10. Default and Remedies: Events of default and corresponding remedies available to parties

11. Dispute Resolution: Procedures for resolving disputes between parties

12. Representations and Warranties: Standard representations and specific warranties regarding power supply

13. Insurance and Liability: Insurance requirements and liability limitations

14. Confidentiality: Protection of confidential information

15. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law

Optional Sections

1. Construction and Development: Required if the generating facility is not yet operational, covering construction milestones and requirements

2. Interconnection: Needed if specific interconnection arrangements must be established

3. Renewable Energy Certificates: Required for renewable energy projects where certificates or credits are part of the transaction

4. Performance Security: Include when credit support or performance bonds are required

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

6. Grid Connection and Curtailment: Required when specific grid connection terms and curtailment rights need to be addressed

7. Indigenous Rights Provisions: Include when the project affects or involves Māori interests or land

8. Carbon Credits and Environmental Attributes: Required when dealing with emissions trading or environmental benefits

Suggested Schedules

1. Facility Description: Technical specifications of the generating facility

2. Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustments

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

4. Operating Procedures: Day-to-day operational requirements and procedures

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

6. Performance Standards: Required technical and operational performance standards

7. Form of Performance Security: Template for any required performance bonds or guarantees

8. Calculation of Liquidated Damages: Methodology for calculating various liquidated damages

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

10. Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

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

Energy & Utilities

Renewable Energy

Manufacturing & Industrial

Mining

Data Centers

Commercial Real Estate

Agriculture

Retail

Healthcare

Education

Relevant Teams

Legal

Commercial

Finance

Operations

Risk Management

Sustainability

Procurement

Regulatory Compliance

Project Development

Energy Trading

Technical Operations

Relevant Roles

General Counsel

Energy Trading Manager

Commercial Director

Chief Financial Officer

Sustainability Manager

Power Plant Manager

Energy Procurement Manager

Legal Counsel

Risk Manager

Commercial Manager

Operations Director

Project Developer

Regulatory Compliance Officer

Contract Manager

Energy Analyst

Industries
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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