Common use of Availability of Expansion Power Clause in Contracts

Availability of Expansion Power. The Company is obligated to supply and/or deliver Expansion Power associated with Existing and Additional Allocations to Expansion Power Customers when and only when such power is available to the Company from the Authority’s generating facilities or from other substitute sources available to the Authority. If the Authority power is not available to the Company for resale as Expansion Power, and as a result not available for resale to Expansion Power Customers under this Agreement, the capacity charge shall be reduced in proportion to the number of hours during which Expansion power purchased and resold hereunder was available to the Company to the total hours for the billing period. When the Company receives notice from the Authority of the unavailability of Expansion Power associated with Existing or Additional Allocations, the Company will in turn attempt to notify in person, by telephone or electronic delivery each Expansion Power Customer. Such notice to be followed by written notice delivered within three working days thereafter. Prior to notification, the power and energy supplied by Company shall be deemed to be an “Emergency Supply” by the Company to the Expansion Power Customer(s) and shall be included in the Company’s calculation of that Customer’s billing demand on a pro-rata basis only for those periods during which the Emergency Supply was provided. Once notified that Expansion Power is not available, the Expansion Power Customer(s) may elect to take service from the Company or discontinue service. Such election by the Expansion Power Customer shall be confirmed by written notice delivered to the Company within three working days thereafter. Such service, if selected by the Expansion Power Customer(s), will be supplied at the Company’s applicable retail rate(s) for the period during which Expansion Power is not available to the Company.