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Power Offtake Agreement

Power Offtake Agreement Template for England and Wales

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Key Requirements PROMPT example:

Power Offtake Agreement

"I need a Power Offtake Agreement for a new 50MW solar plant in Norfolk, with a 15-year term starting from March 2025, where the offtaker is a major UK utility company with requirements for green certificates."

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Document background
Power Offtake Agreements are fundamental contracts in the energy sector, establishing the commercial framework for power generation projects. These agreements, governed by English and Welsh law, are particularly crucial for project financing and long-term operational stability. A Power Offtake Agreement typically details the terms of electricity sales, including volume commitments, pricing mechanisms, delivery points, and technical specifications. They are essential for both renewable and conventional power projects, providing revenue certainty for generators and supply security for offtakers.
Suggested Sections

1. Parties: Identification and details of the power generator and offtaker

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

3. Definitions: Key terms used throughout the agreement including references to relevant legislation and regulatory frameworks

4. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including compliance with Electricity Act 1989 and Grid Code requirements

5. Metering and Testing: Requirements for measuring and verifying electricity delivery in accordance with regulatory standards

6. Price and Payment: Pricing mechanism, invoicing, and payment terms including OFGEM compliance requirements

7. Term and Termination: Duration and termination provisions including regulatory compliance requirements

8. Force Majeure: Events excusing performance, including reference to relevant legislation and market conditions

Optional Sections

1. Green Certificates: Provisions for renewable energy certificates and compliance with Climate Change Act 2008

2. Capacity Market: Provisions related to capacity market participation under Energy Act 2013

3. Trading and Balancing: Provisions for market trading and balancing under Financial Services and Markets Act 2000

Suggested Schedules

1. Facility Description: Technical specifications of the generation facility and compliance requirements

2. Testing Procedures: Detailed testing and commissioning requirements as per Grid Code

3. Pricing Formula: Detailed calculation methodology for power prices including regulatory adjustments

4. Operating Parameters: Technical operating specifications and requirements under Grid Code

5. Metering Specifications: Technical requirements for metering equipment and compliance standards

6. Form of Direct Agreement: Standard form for direct agreements with financiers

7. Communication Protocols: Procedures for operational communications and regulatory reporting

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

















































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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Electricity Act 1989: Primary legislation establishing the framework for electricity generation, transmission, and supply, including licensing requirements and power purchase arrangements

Energy Act 2013: Legislation covering Electricity Market Reform provisions, Contracts for Difference regime, and Capacity Market mechanisms

Utilities Act 2000: Legislation governing market competition rules and consumer protection provisions in the utilities sector

Grid Code: Regulatory framework detailing technical and operational requirements, connection requirements, and Balancing and Settlement Code compliance

OFGEM Regulations: Regulatory framework covering price controls, market oversight, and license conditions for energy markets

Climate Change Act 2008: Environmental legislation establishing carbon reduction obligations and renewable energy targets

Environmental Protection Act 1990: Environmental compliance requirements affecting power generation and supply

Retained EU Energy Law: Post-Brexit retained EU legislation relating to energy market operations, cross-border trading, and environmental standards

Financial Services and Markets Act 2000: Legislative framework governing trading arrangements and market abuse regulations in energy markets

UK EMIR: Implementation of European Market Infrastructure Regulation in UK law, covering clearing and reporting requirements for energy trading

Competition Act 1998: Legislation governing anti-competitive behavior and market abuse provisions

English Common Law: Contract law principles including formation of contracts, contractual remedies, and force majeure provisions

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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