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Flexible Power Purchase Agreement for the United States

Flexible Power Purchase Agreement Template for United States

A Flexible Power Purchase Agreement (PPA) is a specialized contract governed by U.S. federal and state energy laws, enabling the sale and purchase of electricity with variable terms for quantity, timing, and pricing. This agreement type is particularly suited for renewable energy projects in the United States, incorporating provisions for grid integration, regulatory compliance, and market participation while allowing for flexibility in delivery and pricing mechanisms.

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What is a Flexible Power Purchase Agreement?

The Flexible Power Purchase Agreement serves as a cornerstone document in modern energy transactions within the United States. This contract type emerged from the need to accommodate the variable nature of renewable energy generation while meeting the complex requirements of power purchasers. It provides mechanisms for flexible delivery schedules, pricing adjustments, and market participation, while ensuring compliance with federal and state regulations. The agreement is particularly valuable when traditional fixed-volume PPAs may not adequately serve the parties' needs, such as in cases involving intermittent renewable resources or varying load requirements.

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

1. Parties: Identification of contracting parties, including legal entity details

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

3. Definitions: Key terms used throughout the agreement

4. Product Definition: Specification of energy products, capacity, and environmental attributes

5. Pricing Mechanism: Price structure, including fixed and variable components

6. Delivery Terms: Delivery points, scheduling, and flexibility mechanisms

7. Term and Termination: Duration and termination conditions

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

1. Credit Support: Security requirements and credit provisions - used when dealing with parties without strong credit ratings

2. Development Milestones: Project development timeline and requirements - used for new facility construction

3. Storage Provisions: Terms related to energy storage - used when storage facilities are included

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

1. Facility Description: Technical specifications of the generating facility

2. Product Specifications: Detailed description of energy products and attributes

3. Pricing Schedule: Detailed pricing mechanisms and calculations

4. Operating Procedures: Day-to-day operational requirements and procedures

5. Performance Security: Form and calculation of required security

6. Metering Requirements: Technical specifications for metering and measurement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Cost

Free to use

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