Common use of Capacity Test Clause in Contracts

Capacity Test. a. Capacity testing is used to establish the Firm Capacity according to the procedures defined here. b. At least one (1) successful Capacity Test must be completed prior to the Commercial Operation Date. c. Acceptance Testing must be completed prior to the first Capacity Test in accordance with Section A.f. of this Attachment D. d. When the Facility is ready for a Capacity Test, the Seller shall notify the Company at least seven (7) Days prior to such test and shall coordinate with the Company. The Seller shall perform and the Company shall monitor such test no earlier than seven (7) Days after the Company’s receipt of such notice. e. The Capacity Test shall be performed as follows: i. The test shall last for forty-eight (48) hours and shall be scheduled on the start-up plan provided by the Seller to the Company in accordance with Section 5.1A. ii. During the test period, the Seller will operate all equipment in accordance with normal operational parameters practices. iii. During the test period, the Facility shall operate in accordance with the dispatch instructions of the Company’s System Operator, subject in all cases to Good Engineering and Operating Practices, the Seller’s permit limits, and the safety and design limits of the Facility as specified by the applicable equipment manufacturers. iv. If, during the Capacity Test period, the Company’s System Operator specifies less than maximum output, the period of testing will be extended to achieve forty-eight (48) hours with no reduction by the System Operator. The Firm Capacity will be declared including only the hours where the Facility was dispatched at maximum output. v. If the Seller and the Company are satisfied with the Capacity Test, Firm Capacity shall be designated by the Seller as follows: vi. If the test was performed prior to the Commercial Operation Date, or was performed during the Corrective Period, the Firm Capacity shall be designated by the Seller as up to the minimum average capacity level that the Facility is able to sustain over a fifteen (15) minute interval in which the Facility is being dispatched at maximum capacity; provided that the Seller may not set the Firm Capacity at a level in excess of the Committed Capacity in accordance with the terms of this Agreement. vii. If the test is being done after the Corrective Period, the Firm Capacity shall be designated by the Seller as up to the minimum average capacity level that the Facility is able to sustain over a fifteen (15) minute interval in which the Facility is being dispatched at maximum capacity; provided that the Seller may not set the Firm Capacity at a level in excess of the prior Firm Capacity in accordance with the terms of this Agreement and may not be set to a level greater than the Committed Capacity. viii. For the purpose of defining the Firm Capacity, the minimum average capacity level shall be obtained from the metering used for measuring the integrated Net Electric Energy Output as discussed in Section 3.2E(1). ix. No more than thirty (30) MW of the Firm Capacity may be provided by the Existing Facility. x. The Capacity test is successful if it is agreed by the Seller and the Company and the Firm Capacity is greater than thirty (30) MW. xi. If either the Seller or the Company reasonably believes that an abnormal condition occurred which may have adversely impacted the Capacity Test, such Capacity Test shall be deemed to be invalid and a re-test shall be done. The Seller shall pay all costs associated with any retest, unless the abnormal condition was caused by the Company, in which case the Company shall pay such retest costs. xii. If, following two (2) re-tests, the Parties cannot agree that such Capacity Test produced accurate and reliable results, the Parties shall hire a Qualified Independent Engineering Company, from the list set forth in Attachment H, to observe a third test and declare the Firm Capacity. The cost of such Qualified Independent Engineering Company shall be shared equally by the Parties. xiii. The Parties shall not hire a Qualified Independent Engineering Company if following two(2) or more re-tests both Parties agree that such Capacity Test produced inaccurate or unreliable results; provided that the provisions regarding the hiring of a Qualified Independent Engineering Company shall apply if the Parties fail to agree to the results of any subsequent test. xiv. If the Seller is unable to complete the Acceptance Test or a subsequent test for any reason, it shall be permitted to re-conduct such test.

Capacity Test. a. Capacity testing is used to establish the Firm Capacity according to the procedures defined here. b. At least one (1) successful Capacity Test must be completed prior to the Commercial Operation Date. c. Acceptance Testing must be completed prior to the first Capacity Test in accordance with Section A.fA.e. of this Attachment D.K. d. When the Facility is ready for a Capacity Test, the Seller shall notify the Company at least seven (7) Days prior to such test and shall coordinate with the Company. The Seller shall perform and the Company shall monitor such test no earlier than seven (7) Days after the Company’s receipt of such notice. e. The Capacity Test shall be performed as follows: i. The test shall last for forty-eight (48) hours and shall be scheduled on the start-up plan provided by the Seller to the Company in accordance with Section 5.1A.5.1(B) (Seller’s Start-up Plan). ii. During the test period, the Seller will operate all equipment in accordance with normal operational parameters practices. iii. During the test period, the Facility shall operate in accordance with the dispatch instructions of the Company’s System Operator, subject in all cases to Good Engineering and Operating Practices, the Seller’s permit limits, and the safety and design limits of the Facility as specified by the applicable equipment manufacturers. iv. If, during the Capacity Test period, the Company’s System Operator specifies less than maximum output, the period of testing will be extended to achieve forty-eight (48) hours with no reduction by the System Operator. The Firm Capacity will be declared including only the hours where the Facility was dispatched at maximum output. v. If the Seller and the Company are satisfied with the Capacity Test, Firm Capacity shall be designated by the Seller as follows: vi1. If the test was performed prior to the Commercial Operation Date, or was performed during the Corrective Period, the Firm Capacity shall be designated by the Seller as up to the minimum average capacity level that the Facility is able to sustain over a fifteen (15) minute interval in which the Facility is being dispatched at maximum capacity; provided that the Seller may not set the Firm Capacity at a level in excess of the Committed Capacity in accordance with the terms of this Agreement. vii2. If the test is being done after the Corrective Period, the Firm Capacity shall be designated by the Seller as up to the minimum average capacity level that the Facility is able to sustain over a fifteen (15) minute interval in which the Facility is being dispatched at maximum capacity; provided that the Seller may not set the Firm Capacity at a level in excess of the prior Firm Capacity in accordance with the terms of this Agreement and may not be set to a level greater than the Committed Capacity. viii. vi. For the purpose of defining the Firm Capacity, the minimum average capacity level shall be obtained from the metering used for measuring the integrated Net Electric Energy Output Real Power as discussed in Section 3.2E(1) (Meters). ix. No more than thirty (30) MW of the Firm Capacity may be provided by the Existing Facility. x. The Capacity test is successful if it is agreed by the Seller and the Company and the Firm Capacity is greater than thirty (30) MW. xi. If either the Seller or the Company reasonably believes that an abnormal condition occurred which may have adversely impacted the Capacity Test, such Capacity Test shall be deemed to be invalid and a re-test shall be done. The Seller shall pay all costs associated with any retest, unless the abnormal condition was caused by the Company, in which case the Company shall pay such retest costs. xii. If, following two (2) re-tests, the Parties cannot agree that such Capacity Test produced accurate and reliable results, the Parties shall hire a Qualified Independent Engineering Company, from the list set forth in Attachment H, to observe a third test and declare the Firm Capacity. The cost of such Qualified Independent Engineering Company shall be shared equally by the Parties. xiii. The Parties shall not hire a Qualified Independent Engineering Company if following two(2) or more re-tests both Parties agree that such Capacity Test produced inaccurate or unreliable results; provided that the provisions regarding the hiring of a Qualified Independent Engineering Company shall apply if the Parties fail to agree to the results of any subsequent test. xiv. If the Seller is unable to complete the Acceptance Test or a subsequent test for any reason, it shall be permitted to re-conduct such test.