Model Power Purchase Agreement for the feed-in tariff between the Guaranteed Buyer and an entity generating energy using renewable energy sources approved by the NEURC

On 26 April 2019, the National Energy and Utilities Regulation Commission of Ukraine (the NEURC) approved the Model Power Purchase Agreement for the feed-in tariff (FiT) between the Guaranteed Buyer and an entity generating energy using renewable energy sources (the new Model PPA). It was drafted due to the requirements of the Law of Ukraine On the Electricity Market and is meant to replace the current Template PPA while enacting new provisions as follows.

Parties to the new PPA:

✓ Producer / candidate to be a producer with a signed pre-PPA (the Candidate) – entities generating energy using renewable energy sources that are members in the balancing group of FiT Producers

✓ Guaranteed Buyer – the state enterprise (the SE) obligated to buy from Producers all of the released electricity that had been generated.

In the current Template PPA, the second party is called SE Energorynok. Therefore, the Producers (or Candidates to be a producers with a signed pre-PPA) shall submit to the Guaranteed Buyer a statement for the conclusion of a supplementary agreement to the old PPA as follows:

? replacement of the party to the agreement;

? bringing the agreement in correspondence with the new PPA.

The statement shall be submitted with the following documents:

?a copy of the Charter of the enterprise;

? a copy of the order on the appointment or decision on the election of the head of the company/authorized person;

? a sample signature of the head/authorized person.

The candidate for electricity producers with signed pre-PPA shall also submit:

? a document certifying the ownership or right to use the land;

? a concluded agreement for the grid connection of the RES facility;

? construction permit.

A supplementary agreement shall be concluded within 18 business days. The conclusion of supplementary agreements shall be completed by 01 July 2019.