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HWW Hewelt Wojnowski Lindner i Wspólnicy
Energy & RES

Power purchase agreement (PPA) for electricity

For generators selling their output and for companies buying electricity under a physical or financial long-term power purchase agreement, at the stage of the first draft, the counterparty comments or an amendment to an agreement already in force.

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Fee
from 2 300 EUR net
Prices are net, in EUR. VAT depends on your status and place of establishment.

You can order this service directly, without a prior consultation. We confirm the scope and the fee before we start.

Request a quote Book a consultation first
A consultation is optional. To discuss your matter with a lawyer first, you can book a consultation for PLN 600 net + VAT. If you then order the work, its cost is credited against the project fee.

Before we start, we agree and confirm the scope and the fee. The price is indicative and does not constitute an offer within the meaning of the Polish Civil Code.

What it includes

  • Preparation or review of a physical or financial power purchase agreement, with the allocation of price and volume risk
  • Review of volume commitments, tolerances and the treatment of missing energy and surplus output
  • Review of indexation, source data, negative prices, additional charges, balancing and the procedure for challenging settlements
  • Provisions on guarantees of origin, security, liability caps and settlement after the end of the contract
  • Negotiation support with the counterparty within the agreed scope

What the price does not include

  • Grid connection conditions and the connection agreement (separate service)
  • Licences and permits for the installation (separate service)
  • Tax opinions, price modelling and technical or financial due diligence

What you receive

  • A draft power purchase agreement or a set of amendments, with a written risk analysis
  • Clarity about the obligations of both parties throughout the term of the agreement
How it works

How a power purchase agreement is prepared

A power purchase agreement sets the relationship between the parties for many years, so the allocation of price and volume risk decides its value. Four steps.

  1. Structure of the deal

    We establish the model, physical delivery or financial settlement, the roles of the parties and the key price, volume and availability risks.

  2. Draft and analysis

    We prepare the agreement or a written analysis of the draft received, with the questions that call for a business decision.

  3. Negotiations

    We prepare amendments and support the negotiations with the counterparty within the agreed scope.

  4. Final version

    We prepare the agreed final version and explain the settlement and reporting obligations that follow from it.

Who needs this service

This service is for a company buying electricity or entering into a financial power purchase agreement, for a generator selling its output and for an investor preparing an installation for commissioning. Work can start with the first draft of the contract, with the comments of the other side or with an amendment to an agreement already in force. Scope and fee are agreed before any work starts and a consultation is not required.

Scope of the analysis

We set out the model, physical delivery or financial settlement, and the roles of the generator, the buyer and the entities servicing performance. We review the volume commitments, the tolerances, the divergence between forecast and actual output and the treatment of missing energy and surplus. On price, we review indexation, the source data, negative prices, additional charges, balancing and the procedure for challenging a settlement. On availability, we review delayed commissioning, outages, servicing, production curtailment and information duties. Guarantees of origin are covered separately: the required features, their transfer, cancellation, confirmation and the consequences of non-performance.

Security and the end of the contract

Liability caps, guarantees, sureties, a change of law, assignment of the agreement and the settlement due after the end of cooperation belong to a single group of questions, because they decide what the contract is worth when performance goes wrong. Clauses are assessed against the other documents covered by the engagement. An obligation to deliver from a stated date, for example, has to be read together with the commissioning schedule of the installation.

Limits of the scope

The assessment of whether a price makes economic sense requires data and business assumptions, which a review of the wording does not replace. Legal work does not automatically include a tax opinion, accounting advice, price modelling, a technical study or full legal due diligence of the investment. Concluding a contract requires the agreement of both parties, and legal support is not a guarantee of savings, of financing or of the profitability of the project.

What the fee depends on

  • Volume, contract term and the settlement model adopted
  • Extent of the negotiations and the number of rounds with the counterparty
  • Number of parties and installations covered by the structure

We agree the fee individually, at an hourly rate or as a flat fee, and confirm it before we start.

See also
Energy law and renewables → Working with us →
Request a quote

To order this service, describe your matter. A consultation is not required. We confirm the scope and the fee before we start.

Information you share in connection with legal assistance is covered by the professional secrecy of advocates and attorneys-at-law under Polish law.

How to start

You can order this service directly or book a consultation first. A consultation is not required to order the service.

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