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Flexible Power Purchase Agreement

Flexible Power Purchase Agreement Template for India

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Key Requirements PROMPT example:

Flexible Power Purchase Agreement

"I need a Flexible Power Purchase Agreement for a 50MW solar power project in Maharashtra, India, with provisions for selling excess power in the day-ahead market and including battery storage integration starting from March 2025."

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Document background
The Flexible Power Purchase Agreement (FPPA) is designed for use in the Indian power sector where traditional fixed-supply PPAs may not meet evolving market needs. This document becomes relevant when parties require flexibility in power supply arrangements, whether due to variable generation patterns (especially in renewable energy), fluctuating demand, or desire to participate in power trading markets. It incorporates provisions from key Indian legislation including the Electricity Act 2003, CERC regulations, and relevant state electricity laws. The agreement is particularly suited for renewable energy projects, industrial consumers with variable loads, and entities seeking to optimize power costs through market mechanisms. The FPPA includes comprehensive terms for supply flexibility, pricing adjustments, grid integration, and regulatory compliance, while maintaining the security of a long-term power purchase commitment.
Suggested Sections

1. Parties: Identification of the power generator/seller and the purchaser with their complete legal details

2. Background: Context of the agreement, including project details, relevant regulatory frameworks, and purpose of the flexible PPA

3. Definitions and Interpretation: Comprehensive definitions of technical and legal terms, interpretation rules for the agreement

4. Term and Termination: Duration of the agreement, conditions for extension, and termination circumstances

5. Power Supply Obligations: Core obligations regarding power supply, including quantity, availability, and scheduling requirements

6. Flexibility Mechanisms: Specific provisions for flexible supply arrangements, including scheduling variations and trading options

7. Metering and Energy Accounting: Requirements for measuring, recording, and accounting of power supply

8. Tariff and Payment Terms: Pricing structure, payment mechanisms, billing procedures, and payment security

9. Grid Connection and Transmission: Requirements for grid connectivity, transmission arrangements, and related responsibilities

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

11. Change in Law: Provisions dealing with regulatory changes and their impact on the agreement

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

13. Representations and Warranties: Standard legal declarations and assurances from both parties

14. Governing Law and Jurisdiction: Applicable law and jurisdiction for the agreement

Optional Sections

1. Trading Rights and Obligations: Additional provisions for power trading arrangements, used when third-party sales are contemplated

2. Battery Storage Provisions: Specific terms for energy storage facilities, included when battery storage is part of the project

3. Carbon Credits and Environmental Attributes: Provisions regarding ownership and trading of environmental attributes, included for renewable energy projects

4. Deemed Generation: Compensation mechanisms for grid failure or curtailment, included based on project risk allocation

5. Interface with Power Exchange: Specific provisions for power exchange trading, included when market trading is contemplated

6. Third Party Sales: Provisions allowing sale to third parties during specific periods, included for enhanced flexibility

7. Refinancing Rights: Terms regarding project refinancing, included for large-scale projects with significant debt financing

Suggested Schedules

1. Technical Specifications: Detailed technical parameters of the power generation facility

2. Testing and Commissioning Procedures: Procedures for facility testing and commissioning

3. Operating Procedures: Detailed procedures for day-to-day operations and scheduling

4. Tariff and Pricing Mechanism: Detailed pricing formulae, escalation mechanisms, and flexibility premiums

5. Performance Standards: Required performance parameters and associated penalties/incentives

6. Metering Specifications: Technical requirements for metering systems and protocols

7. Communication Protocols: Procedures for operational communication and notifications

8. Grid Connection Details: Technical specifications for grid connection and associated requirements

9. Security Package: Details of payment security mechanisms and instruments

10. Insurance Requirements: Required insurance coverage and terms

11. Flexibility Trading Parameters: Detailed mechanisms and procedures for implementing supply flexibility

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



































































Clauses



































Relevant Industries

Energy & Utilities

Renewable Energy

Manufacturing

Industrial Processing

Data Centers

Commercial Real Estate

Mining

Healthcare

Telecommunications

Retail

Agriculture

Relevant Teams

Legal

Operations

Commercial

Finance

Risk Management

Regulatory Affairs

Procurement

Sustainability

Technical

Trading

Business Development

Compliance

Relevant Roles

Energy Procurement Manager

Power Trading Manager

Legal Counsel

Regulatory Compliance Officer

Commercial Director

Chief Financial Officer

Operations Director

Risk Manager

Sustainability Manager

Project Developer

Contract Manager

Energy Manager

Chief Technical Officer

Business Development Manager

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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