Common use of Area Delivery Network Upgrades Clause in Contracts

Area Delivery Network Upgrades. The Interconnection Customer shall not be entitled to repayment of the amount paid to the Distribution Provider for the costs of Area Delivery Network Upgrades. However, the Interconnection Customer may be entitled to receive Congestion Revenue Rights from the ISO in accordance with the ISO Tariff for the costs of Area Delivery Network Upgrades that are not covered by cash repayment. Any repayment for Reliability Network Upgrades and Local Delivery Network Upgrades, as specified above, will be paid to the Interconnection Customer by the Distribution Provider on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect to the Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph. Interconnection Customer may assign such repayment rights to any person. Notwithstanding the foregoing, Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the applicable date as provided for in this Article 11.4.1: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or

Appears in 12 contracts

Samples: Generator Interconnection Agreement, Generator Interconnection Agreement, Generator Interconnection Agreement

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