Off-island ppa



Download 0.54 Mb.
Page10/30
Date19.05.2018
Size0.54 Mb.
#49139
1   ...   6   7   8   9   10   11   12   13   ...   30

Off-Island Operations.

  1. Buyer shall have the right to direct Seller to Relist all or part of the Dedicated Capacity. [parties to insert applicable provisions to implement this right] Seller shall comply with all Off-Island ISO Rules (including bidding, scheduling and operating the Off-Island Generator to produce Energy) with respect to any Generator Capacity that is Relisted.

  2. Scheduling of Contract Energy. [pROPOSER TO INSERT appropriate provisions]

  3. Seller shall be responsible for securing and paying for the transmission of Contract Energy to the Off-Island Withdrawal Point using Firm Transmission Capacity. In addition, Seller shall be responsible for any congestion charges, locational marginal pricing differentials and losses to the Off-Island Withdrawal Point with respect to any Contract Energy.

  • Title


    . Title to and risk of loss for Contract Energy provided under the terms of this Agreement shall pass from Seller to Buyer at the Off-Island Withdrawal Point. Title to risk of loss for Dedicated Capacity shall pass from Seller to Buyer at the Cable Delivery Point.
      1. Meters.

        1. Buyer shall be responsible for the ownership, operation and maintenance of the Electric Metering Equipment.

        2. For purposes of metering Capacity and Energy, the meters, together with the associated current and potential transformers (the “Electric Metering Equipment”), shall measure and record the amount of Capacity and Energy received by Buyer at the Off-Island Withdrawal Point and Cable Delivery Point.

        3. If the Electric Metering Equipment fails to register Capacity and Energy, or if the measurement made by the Electric Metering Equipment is found upon testing to vary by more than one percent (1%) from the measurement made by the standard meter used in the test, then the readings of such Electric Metering Equipment, taken during the measurement periods up to the lesser of (a) six (6) Months before the test, or (b) the last test of such equipment was made, will be adjusted, either upward, if the tests indicate under–reading by the Electric Metering Equipment or downward, if the tests indicate over–reading by the Electric Metering Equipment, to correct for such error, unless there is verifiable information available upon which a more accurate adjustment can be made, including readings from Seller–installed metering devices. If the Parties are unable to agree on the amount of the adjustment to be applied, the amount of the adjustment shall be determined (x) by correcting the error if the percentage of error is ascertainable by calibration, tests or mathematical calculation, or (y) if not so ascertainable, by estimating on the basis of deliveries under similar conditions during the period since the last test. Any accumulated difference in payments due under the terms of this Agreement which are owing or to be refunded as a result of such metering errors will be reflected in adjustments to bills for a future period of reasonable length, to be agreed upon by the Parties, but in no event over a period greater than the three (3) succeeding billing periods after the inaccuracy is verified. Subject to Section 6.3, such correction when made shall, in the absence of bad faith, fraud, or intentional wrongdoing, constitute a complete and final settlement of any claim arising between the Parties out of such inaccuracy of the Electric Metering Equipment.

      2. Right to Resell


    . Seller shall convey all Products to Buyer with good title, free and clear of liens and encumbrances of any nature whatsoever at any time during the Term, Buyer shall have the right to resell Products to third parties either within or outside the NYISO, for any time duration, and to retain any and all proceeds of such sales, and such Seller shall reasonably cooperate with Buyer in undertaking such efforts.
      1. Monthly Capacity Payments


    . Subject to the provisions in Section 6.2, beginning with the Month in which the Project COD occurs, Buyer shall pay to Seller a Monthly Capacity Payment equal to the Monthly Capacity Rate calculated in accordance with Appendix 3 multiplied by the Buyer Firm Transmission Capacity for each Month (up to the Design Cable Capacity), and adjusted, as applicable, in accordance with Appendix 5.
      1. Monthly Energy Payment


    . Buyer shall pay Seller for scheduled Contract Energy calculated in accordance with Appendix 4 and pursuant to the terms of Article 6. Buyer shall receive and purchase all Ancillary Services listed in Appendix 1 for no additional charge.
      1. Excused Outages


    . Seller’s obligation to provide Products pursuant to this Agreement will be excused, and Buyer’s right to Dispatch pursuant to this Agreement will be curtailed, if and to the extent that any of the following (each an “Excused Outage”) occurs and continues:
        1. Any partial or complete reduction in the Generator Capacity below the Dedicated Capacity which is the result of a Planned Outage or Maintenance Outage;

        2. Any partial or complete reduction in the Cable Capacity of the Controllable Cable below the Buyer Firm Transmission Capacity which is the result of a Planned Outage or Maintenance Outage;

        3. Dispatch not in accordance with Section 8.8, the Operating Limits, or the Operating Instructions,

        4. Buyer’s inability or unwillingness to accept Contract Energy or Ancillary Services at the Off-Island Withdrawal Point;

        5. A Suspension pursuant to Section 8.14; or

        6. A Force Majeure Event to the extent provided in Article 11.


    Seller shall provide Buyer prompt written notice of the occurrence of and the resolution of an Excused Outage and shall use commercially reasonable efforts to limit the duration and extent of such Excused Outage. Upon notice from Seller to Buyer that an Excused Outage has ended, Buyer may Dispatch the Projects.


      1. Download 0.54 Mb.

        Share with your friends:
  • 1   ...   6   7   8   9   10   11   12   13   ...   30




    The database is protected by copyright ©ininet.org 2024
    send message

        Main page