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Physical Power Purchase Agreement for Singapore

Physical Power Purchase Agreement Template for Singapore

A Physical Power Purchase Agreement under Singapore law is a legally binding contract between a power generator and a purchaser for the physical delivery of electricity. The agreement operates within Singapore's regulated electricity market framework, governed by the Electricity Act 2001 and overseen by the Energy Market Authority. It details specific terms for power delivery, pricing mechanisms, operational requirements, and compliance with Singapore's technical and regulatory standards.

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What is a Physical Power Purchase Agreement?

Physical Power Purchase Agreements are essential contracts in Singapore's electricity market, used when parties wish to establish a direct relationship for the physical supply of electricity. These agreements are particularly relevant given Singapore's liberalized electricity market and increasing focus on renewable energy integration. The document typically includes detailed provisions for power delivery, pricing, technical specifications, and regulatory compliance, all structured within Singapore's legal framework. A Physical Power Purchase Agreement is crucial for both traditional and renewable energy projects, providing certainty for both generators and purchasers while ensuring compliance with EMA requirements.

What sections should be included in a Physical Power Purchase Agreement?

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

2. Background: Context of the agreement and brief description of the project

3. Definitions: Key terms used tHRoughout the agreement including technical, commercial, and regulatory definitions

4. Sale and Purchase Obligations: Core obligations regarding electricity supply and purchase, including delivery commitments and take-or-pay provisions

5. Delivery Point and Title: Specification of where electricity is delivered and transfer of ownership

6. Term and Termination: Duration of agreement, renewal options, and termination provisions including events of default

7. Price and Payment: Pricing mechanism, payment terms, invoicing procedures, and dispute resolution for payments

8. Metering: Requirements for measurement and verification of electricity delivery, including meter specifications and reading procedures

9. Force Majeure: Events considered force majeure and their consequences on contractual obligations

10. Representations and Warranties: Standard and specific warranties from both parties regarding capacity, authority, and compliance

What sections are optional to include in a Physical Power Purchase Agreement?

1. Development and Construction: Construction milestones, testing requirements, and completion criteria for new facilities

2. Green Attributes: Provisions regarding renewable energy certificates and environmental attributes

3. Interconnection: Grid connection requirements, responsibilities, and cost allocation

4. Credit Support: Requirements for performance security, parent guarantees, or other credit support mechanisms

What schedules should be included in a Physical Power Purchase Agreement?

1. Facility Description: Technical specifications of the generation facility including capacity and technology details

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

3. Operating Procedures: Detailed operational requirements, maintenance schedules, and communication protocols

4. Pricing Formula: Detailed calculation methodology for electricity prices including any adjustments and indexation

5. Performance Standards: Technical and operational performance requirements including availability and reliability metrics

6. Form of Performance Security: Template for performance bonds, bank guarantees, or other security instruments

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

Jurisdiction

Singapore

Publisher

Genie AI

Cost

Free to use

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