The Flexible Power Purchase Agreement (FPPA) is designed for use in the Dutch energy market where parties require adaptable power trading arrangements. This document is particularly relevant in scenarios involving renewable energy sources, where generation patterns may be variable, or for industrial consumers with fluctuating power needs. The agreement incorporates Dutch energy law requirements and EU regulations, while providing mechanisms for volume and price flexibility. It includes essential provisions for energy trading, balancing responsibilities, and risk allocation, making it suitable for both traditional and renewable energy generators, as well as commercial and industrial offtakers. The FPPA is especially valuable in the context of the Netherlands' energy transition goals and the increasing need for flexible power solutions in a market with growing renewable energy penetration.
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1. Parties: Identification of the seller (generator) and buyer (offtaker), including full legal names and addresses
2. Background: Context of the agreement, including facility details and parties' objectives
3. Definitions and Interpretation: Defined terms, rules of interpretation, and hierarchy of documents
4. Sale and Purchase Obligations: Core obligations regarding the sale and purchase of electricity, including flexibility mechanisms
5. Term and Termination: Duration of agreement, conditions for renewal, and termination rights
6. Delivery Point and Transfer of Risk: Specification of the delivery point and allocation of risks related to electricity transfer
7. Metering and Documentation: Requirements for measuring delivered electricity and maintaining records
8. Pricing and Payment: Price structure, payment terms, and flexibility premium calculations
9. Scheduling and Nominations: Procedures for scheduling delivery and managing volume variations
10. Force Majeure: Definition of force majeure events and consequences
11. Representations and Warranties: Standard and specific warranties from both parties
12. Change in Law: Procedures for addressing regulatory changes affecting the agreement
13. Dispute Resolution: Procedures for resolving disputes between parties
14. Confidentiality: Obligations regarding confidential information
15. Governing Law and Jurisdiction: Specification of Dutch law and jurisdiction
1. Green Certificates and Environmental Attributes: Required if the agreement includes trading of renewable energy certificates or other environmental attributes
2. Credit Support: Include when either party requires financial security or parent company guarantees
3. Insurance: Detailed insurance requirements, if not covered in general representations
4. Trading Limits and Risk Management: Include for agreements with significant volume or price flexibility
5. Grid Connection and Curtailment: Required if specific grid connection terms or curtailment rights need to be addressed
6. Maintenance and Planned Outages: Include for agreements where facility maintenance impacts delivery obligations
7. Change of Control: Include when restrictions on ownership changes are required
8. ESG Requirements: Include when specific environmental, social, and governance requirements apply
1. Facility Description: Technical specifications of the generating facility
2. Pricing Mechanism: Detailed pricing formulas, including flexibility premiums and penalties
3. Volume Nomination Procedures: Detailed procedures for volume nominations and variations
4. Performance Security Calculations: Methodology for calculating required security amounts
5. Metering Specifications: Technical requirements for metering equipment and procedures
6. Communication Protocols: Procedures for operational communications and notifications
7. Form of Direct Agreement: Standard form for direct agreements with financiers
8. Product Specifications: Detailed specifications of the electricity products being traded
9. Operating Parameters: Technical parameters for facility operation and flexibility
10. Guarantee Forms: Templates for any required guarantees or security documents
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