Off-island ppa
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- NYISO and Off-Island ISO Approvals .
- ROLES OF THE PARTIES; REGULATORY APPROVALS
- Operate and maintain the Off-Island Generator and Controllable Cable consistent with all equipment manufacturers’ instruction manuals and warranties;
- Subject to the Operating Limits, use commercially reasonable efforts to make available Products to Buyer;
- Qualify the Off-Island Generator as an Installed Capacity Supplier;
- Conduct any Testing as set forth in this Agreement or as required by the NYISO or Off-Island ISO;
- Report hourly fuel consumption data to Buyer each Month;
- Comply with the FERC authority and the Off-Island ISO Rules;
Cable System Losses.(i) Concurrent with each Transmission Capacity Test and at such other times as may be required by Off-Island ISO Rules, NYISO Rules and Prudent Utility Practices, Seller shall at its own expense conduct a test of the Cable System Losses (“Cable Loss Test”) in accordance with the then-current procedures of the NYISO and Off-Island ISO, or a mutually agreed upon procedure at a load level of [___] MW and adjusted to ISO Conditions and as adjusted for nominal voltage and frequency. The Cable Loss Test shall measure the positive difference, if any, between (i) the Actual Input Energy supplied by Seller during such test, and (ii) the Actual Output Energy during such test expressed as a percentage of Actual Input Energy (“Cable Loss Percentage”). The Cable Loss Test shall also measure the Cable System Losses under “no-load” conditions. Any Cable System Losses that occur under “no load” conditions shall be the responsibility of Seller. The Cable Loss Percentage established by each Cable Loss Test shall establish the level of Cable System Losses over the Controllable Cable until the following Cable Loss Test. Buyer shall be responsible for arranging for and the cost of purchasing all Energy transmitted on the Controllable Cable in connection with Cable Loss Tests. Following each Cable Loss Test the Cable Loss Percentage shall be adjusted to the tested level. [proposer to insert the mw loading level for the cable loss test] (ii) If the Cable System Losses exceed the Design Cable Loss, then Buyer shall receive from Seller a Monthly Excess Cable Losses Adjustment for each Month in which the Cable System Losses exceed the Design Cable Loss calculated pursuant to the formula set forth in Appendix 16. . In the event of any Off-Island ISO refunds, such refunds shall be allocated between Buyer and Seller based on the Parties’ use of the Off-Island ISO services as applicable to the particular refund (e.g., marginal loss over-collection refund). NYISO and Off-Island ISO Approvals.The Parties shall use commercially reasonable efforts to obtain the expeditious approval of the NYISO to interconnect the Controllable Cable to Connecting Transmission Owner’s Electric System and of the Off-Island ISO to interconnect the Controllable Cable and the Off-Island Generator to the Off-Island Electric System. The goal of such cooperation shall be to obtain the approval of the NYISO to interconnect the Controllable Cable by [Date]. [pROPOSER TO INSERT date] To the extent permitted by Seller’s FERC authority and the Off-Island ISO Rules, the Parties shall work together in good faith with the NYISO and Off-Island ISO to allow Buyer to realize the full reliability and economic value and benefits intended under this Agreement.No later than [DATE/EVENT], Seller shall enter into the Off-Island Interconnection Agreement for Controllable Cable pursuant to which Off-Island Incremental System Reinforcements necessary for the provision of Firm Transmission Withdrawal Rights equal to the Dedicated Capacity to Seller at the Off-Island Withdrawal Point will be constructed. Seller shall comply with the terms and provisions of the Off-Island Interconnection Agreement for Controllable Cable and Off-Island Interconnection Agreement for Off-Island Generator in all material respects (provided, in any event, that remedies for Seller’s failure to provide Firm Transmission Withdrawal Rights equal to the Dedicated Capacity shall be as set forth in Article 12 below). [pROPOSER TO INSERT date/event]ROLES OF THE PARTIES; REGULATORY APPROVALS. Subject to the terms of this Agreement, during the Term, Seller shall, at its sole cost and expense: Design, permit, Own, finance, engineer, construct, maintain and operate the Off-Island Generator and Controllable Cable;Provide fuel management services, natural gas transportation (including infrastructure improvements), liquid fuel transportation, balancing, and natural gas and liquid fuel commodity as required to provide Products to Buyer;Apply for, expeditiously prosecute, obtain and maintain all Consents necessary for Seller to design, construct, operate and maintain the Off-Island Generator and Controllable Cable in accordance with this Agreement using commercially reasonable efforts;Upon Seller’s learning of any material violation of a Consent, Seller shall provide Buyer with written notice of such violation and as soon as reasonably practicable thereafter, a written statement setting forth the Seller’s plan for curing the violation;Operate and maintain the Off-Island Generator and Controllable Cable consistent with all equipment manufacturers’ instruction manuals and warranties;In accordance with Prudent Utility Practices, NYISO Rules, and Off-Island ISO Rules, employ and/or make available sufficient operating personnel who are adequately trained to operate and maintain the Off-Island Generator and Controllable Cable to provide Buyer with Products required under this Agreement;Meet all the conditions for the Off-Island Generator Commercial Operation Date and Controllable Cable Commercial Operation Date set forth in Sections 3.3 and 3.4 respectively by the Off-Island Generator COD Target Date and Controllable Cable Commercial Operation Date and maintain compliance in all material respects with the performance requirements and operating standards as set forth in Appendix 10;Comply with all Legal Requirements, Consents, NYISO Rules and Off-Island ISO Rules and upon Seller’s learning of any material violation of such, Seller shall provide Buyer with written notice of such violation and as soon as reasonably practicable thereafter, a written statement setting forth the Seller’s plan for curing the violation;Subject to the Operating Limits, use commercially reasonable efforts to make available Products to Buyer;Sell, deliver and provide Products to Buyer;Arrange to delist the Off-Island Generator from the Off-Island ISO, if applicable;Register the Projects with the NYISO;Qualify the Off-Island Generator as an Installed Capacity Supplier;Report Monthly operating data to Buyer that an Installed Capacity Supplier is required to report under the NYISO Rules and Off-Island ISO Rules;Report MW and MVAR data to Buyer in accordance with NYISO and Off-Island ISO operating guidelines in effect on the date hereof;Conduct any Testing as set forth in this Agreement or as required by the NYISO or Off-Island ISO;Manage local community relations as such are related to the development of the Off-Island Generator and Controllable Cable; including local workforce as set forth in Section 18.15 and M/WBE subcontracting goals as set forth in Supplement 1;Report hourly fuel consumption data to Buyer each Month;Provide all documents, certificates and other requirements certifying the occurrence of the Off-Island Generator Commercial Operation Date and Controllable Cable Commercial Operation Date;Enter into and comply with the terms of the Interconnection Agreements;(a) Construct and be responsible for the cost and expense of the Developer Attachment Facilities (b) be responsible for the capital costs of the Connecting Transmission Owner’s Attachment Facilities, the System Upgrade Facilities and the System Deliverability Upgrades as set forth in Section 3.12 (with reimbursement by Buyer pursuant to the terms of this Agreement), and (c) be responsible for the cost and expense associated with operations and maintenance of the Connecting Transmission Owner’s Attachment Facilities, the System Upgrade Facilities and the System Deliverability Upgrades (without reimbursement by Buyer) in accordance with the Interconnection Agreements and Section 3.12 of this Agreement required for the Off-Island Generator and Controllable Cable;Deliver its legal counsel’s opinion to Buyer, in form and substance satisfactory to Buyer, that this Agreement has been duly and validly executed and delivered by Seller, and that this Agreement constitutes a legal, valid, and binding obligation of Seller enforceable against it in accordance with its terms, except for the customary exceptions;Comply with the FERC authority and the Off-Island ISO Rules;Make available sufficient Buyer Firm Transmission Capacity, so that Buyer may receive the Products for the Term pursuant to the terms of this Agreement;Meet the conditions for the Controllable Cable Commercial Operation Date set forth in Section 3.4 and maintain compliance in all material respects with all performance requirements and operating standards set forth in Appendix 10; andPay for the System Upgrade Facilities and System Deliverability Upgrades in accordance with Section 6.1(i)(b) of this Agreement. 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