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Energy Purchase Agreement Template for Indonesia

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Key Requirements PROMPT example:

Energy Purchase Agreement

I need an energy purchase agreement for a solar power project with a capacity of 50 MW, including terms for a 20-year fixed-price contract, provisions for grid connection, and clauses addressing force majeure and early termination. The agreement should comply with Indonesian regulations and include a dispute resolution mechanism.

What is an Energy Purchase Agreement?

An Energy Purchase Agreement sets out the terms for buying and selling electricity between power producers and buyers in Indonesia's energy market. These contracts typically involve independent power producers selling electricity to PLN (Perusahaan Listrik Negara), Indonesia's state-owned utility company.

Under Indonesia's electricity law, these agreements spell out crucial details like pricing mechanisms, minimum purchase commitments, and delivery schedules. They also address technical requirements for grid connection, performance standards, and force majeure provisions that protect both parties when unforeseen events disrupt power supply. Most agreements run for 20-30 years, providing long-term stability for Indonesia's power infrastructure development.

When should you use an Energy Purchase Agreement?

Energy Purchase Agreements become essential when your company plans to generate and sell power to Indonesia's electricity grid. Private power producers need these agreements before investing in new facilities or expanding existing ones, as they establish guaranteed revenue streams that help secure project financing.

These agreements are particularly vital for renewable energy projects like solar farms, wind parks, or geothermal plants. Under Indonesia's renewable energy regulations, power producers must secure an Energy Purchase Agreement with PLN before beginning construction. The agreement provides critical protection for both sides by locking in power purchase commitments, pricing structures, and performance standards over the project's lifetime.

What are the different types of Energy Purchase Agreement?

  • Power Purchase Contract: Standard agreement used by PLN for conventional power plants, covering basic supply terms and grid requirements
  • Power Purchase Agreement Solar: Specialized for solar projects, including intermittency provisions and solar-specific performance metrics
  • Corporate PPA: Direct agreements between private companies and power producers, often used in industrial estates
  • Direct Power Purchase Agreement: Used for private-to-private electricity sales under Indonesia's direct supply regulations
  • Power Purchase Agreement Wind: Tailored for wind farms, addressing wind resource variability and specific technical standards

Who should typically use an Energy Purchase Agreement?

  • PLN (State Utility): Primary buyer of electricity in Indonesia, responsible for reviewing and approving Energy Purchase Agreements, setting tariffs, and managing grid connections
  • Independent Power Producers: Private companies generating electricity, initiating agreements and ensuring compliance with technical specifications
  • Legal Teams: Draft and negotiate agreement terms, ensure regulatory compliance with Ministry of Energy requirements
  • Project Financiers: Banks and investors who review agreements as part of project financing requirements
  • Technical Consultants: Advise on operational specifications, performance standards, and grid interconnection requirements

How do you write an Energy Purchase Agreement?

  • Project Details: Gather technical specifications, including generation capacity, technology type, and grid connection requirements
  • Financial Parameters: Calculate electricity tariffs, payment terms, and performance guarantees aligned with PLN's requirements
  • Compliance Check: Review current Ministry of Energy regulations and PLN's technical standards for power generation
  • Site Information: Document land rights, environmental permits, and local government approvals
  • Timeline Planning: Map out construction schedule, testing phases, and commercial operation dates
  • Template Selection: Use our platform's Indonesia-specific Energy Purchase Agreement templates to ensure all mandatory elements are included correctly

What should be included in an Energy Purchase Agreement?

  • Parties and Capacity: Full legal names, addresses, and authority to contract under Indonesian power sector regulations
  • Purchase Terms: Electricity price, minimum take-or-pay obligations, delivery points, and metering requirements
  • Technical Standards: Grid code compliance, power quality specifications, and interconnection requirements per PLN standards
  • Performance Metrics: Availability guarantees, capacity obligations, and efficiency requirements
  • Force Majeure: Events qualifying as force majeure under Indonesian law and their consequences
  • Dispute Resolution: BANI arbitration clauses and governing law provisions per Indonesian regulations
  • Termination Rights: Default triggers, cure periods, and compensation mechanisms

What's the difference between an Energy Purchase Agreement and a Purchase Agreement?

Energy Purchase Agreements are often confused with Purchase Agreement, but they serve distinctly different purposes in Indonesia's legal landscape. While both involve buying and selling, Energy Purchase Agreements specifically govern long-term electricity supply relationships, typically between power producers and PLN.

  • Duration and Complexity: Energy Purchase Agreements run for decades and include detailed technical specifications, while Purchase Agreements are usually one-time transactions with simpler terms
  • Regulatory Framework: Energy Purchase Agreements must comply with specific electricity sector regulations and PLN requirements; Purchase Agreements follow general contract law
  • Performance Metrics: Energy Purchase Agreements include detailed power generation standards and grid requirements; Purchase Agreements focus on basic delivery and payment terms
  • Risk Allocation: Energy Purchase Agreements have complex force majeure provisions and specific remedies for power supply interruptions, unlike standard Purchase Agreements

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