NSW has emerged as the strategic winner from a $3 billion energy deal with the federal government, inking an agreement that is "not legally binding" and ensures the state faces no real penalty if it doesn't deliver on the plan to increase gas supply.

Last Thursday, the federal government announced NSW had committed to a target of 70 petajoules of new gas supply in return for financial support for a range of electricity network upgrades and renewable energy investment.

NSW Premier Gladys Berejiklian and Prime Minister Scott Morrison speak to the media in Sydney on Friday. Credit:AAP

But The Sydney Morning Herald and The Age can reveal there are no tangible consequences if NSW misses its gas target.

The memorandum of understanding signed between the governments says the agreement is not "a legally binding or enforceable document". It records the parties' responsibilities "but does not give rise to legally enforceable obligations".