Power Supply Agreement for the United States

Power Supply Agreement Template for United States

A Power Supply Agreement is a legally binding contract governed by U.S. federal and state energy regulations that establishes the terms and conditions for the supply of electrical power between a generator/supplier and a purchaser. The agreement covers crucial aspects including supply obligations, pricing mechanisms, delivery specifications, performance standards, and compliance with relevant regulatory requirements. It operates within the framework of both federal oversight (FERC) and state-specific utility commission regulations.

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What is a Power Supply Agreement?

The Power Supply Agreement serves as the foundational document for establishing a power supply relationship in the United States energy market. It is essential when parties seek to formalize arrangements for the sale and purchase of electrical power, whether for utility-scale operations or significant commercial use. The agreement addresses critical elements including supply commitments, pricing structures, delivery points, and regulatory compliance requirements. It is particularly relevant in contexts involving both traditional and renewable energy sources, and must align with both federal regulations (such as FERC requirements) and state-specific utility commission rules.

What sections should be included in a Power Supply Agreement?

1. Parties: Identification of the power supplier and purchaser

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Supply Obligations: Core obligations regarding power supply, including quantity and quality

5. Pricing and Payment Terms: Payment structure, billing procedures, and payment timelines

6. Term and Termination: Duration of agreement and termination conditions

7. Force Majeure: Circumstances excusing performance

8. Representations and Warranties: Statements of fact and promises made by each party

9. Governing Law and Jurisdiction: Laws governing the agreement and dispute resolution mechanisms

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

1. Environmental Attributes: Rights and obligations regarding renewable energy credits or certificates when renewable energy is involved

2. Interconnection Requirements: Technical specifications and requirements for grid connection when direct grid connection is part of the agreement

3. Capacity Requirements: Specific capacity obligations and requirements in markets with capacity obligations

4. Regulatory Compliance: Specific provisions related to FERC, NERC, or state regulatory requirements when applicable

What schedules should be included in a Power Supply Agreement?

1. Schedule A - Technical Specifications: Detailed technical requirements for power supply including quality parameters

2. Schedule B - Pricing Schedule: Detailed pricing mechanisms, calculations, and adjustment provisions

3. Schedule C - Performance Standards: Specific metrics for power quality, reliability, and performance requirements

4. Schedule D - Metering Requirements: Specifications for measurement, verification, and metering protocols

5. Schedule E - Delivery Points: Specified locations and technical details for power delivery points

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

Cost

Free to use

Relevant legal definitions

Agreement
Applicable Law
Business Day
Commercial Operation Date
Contract Price
Contract Year
Delivery Point
Effective Date
Electric Energy
Facility
Force Majeure Event
Good Industry Practice
Grid
Interconnection Agreement
Interconnection Facilities
Kilowatt (kW)
Kilowatt Hour (kWh)
Megawatt (MW)
Megawatt Hour (MWh)
Metering Equipment
Operating Parameters
Operating Procedures
Party/Parties
Point of Interconnection
Power Factor
Prudent Utility Practice
Scheduled Maintenance
Supply Period
System Emergency
Term
Transmission Provider
Transmission System
Unit Contingent
Voltage
Ancillary Services
Capacity
Carbon Credits
Environmental Attributes
Green Certificates
Renewable Energy Credits (RECs)
Reserve Capacity
System Operator
Transmission Loss Factor
Wheeling Charges
Capacity Market
Day-Ahead Market
Real-Time Market
Regional Transmission Organization (RTO)
Independent System Operator (ISO)
Locational Marginal Price (LMP)

Clauses

Relevant Industries

Utilities
Manufacturing
Data Centers
Renewable Energy
Industrial

Relevant Teams

Legal
Operations
Procurement
Finance
Regulatory Affairs
Risk Management
Commercial

Relevant Roles

Energy Procurement Manager
Utility Operations Director
Commercial Director
Legal Counsel
Regulatory Compliance Officer
Energy Trading Manager
Risk Manager

Industries

Federal Power Act (FPA): Primary federal law governing the transmission and wholesale of electric power in interstate commerce, establishing FERC's regulatory authority

Public Utility Regulatory Policies Act (PURPA): Federal legislation that promotes energy conservation and greater use of domestic and renewable energy

Energy Policy Act: Comprehensive energy legislation addressing energy production, efficiency standards, and market regulations

FERC Regulations: Federal Energy Regulatory Commission rules governing interstate transmission and wholesale electricity sales

NERC Standards: North American Electric Reliability Corporation mandatory reliability standards for power grid operation

Clean Air Act: Federal law regulating air emissions from stationary and mobile sources, affecting power generation facilities

National Environmental Policy Act (NEPA): Federal law requiring environmental impact assessment for major federal actions affecting the environment

State Public Utility Commission Regulations: State-specific rules governing utility operations, rates, and service standards

State Energy Laws: State-specific legislation governing energy production, distribution, and sales within state boundaries

State Environmental Protection Laws: State-specific environmental regulations affecting power generation and distribution

State Renewable Portfolio Standards: State requirements for utilities to source specific percentages of power from renewable sources

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including power purchase agreements

Antitrust Laws: Federal and state regulations preventing monopolistic practices and ensuring fair competition

Grid Interconnection Requirements: Technical and operational standards for connecting to the power grid

RTO/ISO Rules: Regional Transmission Organization/Independent System Operator market rules and operational requirements

Local Zoning Requirements: Municipal and county regulations affecting power facility siting and operation

NERC Reliability Standards: Detailed technical requirements for maintaining power system reliability and security

Regional Reliability Standards: Region-specific reliability requirements supplementing NERC standards

Wholesale Electricity Market Rules: Regulations governing the sale and purchase of electricity in wholesale markets

Capacity Market Requirements: Rules governing power capacity obligations and trading in applicable markets

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What is a Power Supply Agreement?

What sections should be included in a Power Supply Agreement?

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

What schedules should be included in a Power Supply Agreement?

Authors

Alex Denne

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