Common use of Compensable Curtailment Clause in Contracts

Compensable Curtailment. If, during the period beginning on the later of (i) the Commercial Operation Date or (ii) the Scheduled Commercial Operation Date and thereafter during the Term, Net Output is curtailed by PacifiCorp and such curtailment is not included as a Non-Compensable Curtailment (“Compensable Curtailment Energy”), then PacifiCorp shall pay to Seller the Compensable Curtailment Price for the Compensable Curtailment Energy, as determined below. PacifiCorp will calculate the quantity of Compensable Curtailment Energy by determining the Potential Net Output (A) during those periods of time when the Facility is on AGC and the AGC Set-Point is set at a level that will not allow the entire Nameplate Capacity Rating to be deliverable by determining the difference between Potential Net Output and the delivered Net Output, and (B) during those periods of time when the Facility is not on AGC or the AGC Set-Point is set at a level that will allow the Nameplate Capacity Rating to be deliverable by determining the amount that would have been available for delivery had its generation not been so curtailed. Compensable Curtailment Energy shall equal the number of MWh represented by the Potential Net Output less the Net Output actually delivered to the Point of Delivery. PacifiCorp will pay Seller the Contract Price for each MWh of Compensable Curtailment Energy, net of any Non-Compensable Curtailments (the “Compensable Curtailment Price”). For purposes of determining Compensable Curtailment Energy, the amount of Potential Net Output at any given time will be calculated using PacifiCorp’s wind forecasting vendor; provided, however, that PacifiCorp will agree to use Seller’s forecasting of Potential Net Output provided Seller can demonstrate to PacifiCorp’s reasonable satisfaction that such forecasting tool employs the best available data and methods to determine an accurate representation of the amount of Potential Net Output.

Compensable Curtailment. If, during the period beginning on the later of (i) the Commercial Operation Date or (ii) the Scheduled Commercial Operation Date and thereafter during the Term, Net Output is curtailed by PacifiCorp and such curtailment is not included as a Non-Compensable Curtailment (“Compensable Curtailment Energy”), then PacifiCorp shall pay to Seller the Compensable Curtailment Price for the Compensable Curtailment Energy, as determined below. PacifiCorp will calculate the quantity of Compensable Curtailment Energy by determining the Potential Net Output (A) during those periods of time when the Facility is on AGC and the AGC Set-Point is set at a level that will not allow the entire Nameplate Capacity Rating to be deliverable by determining the difference between Potential Net Output and the delivered Net Output, and (B) during those periods of time when the Facility is not on AGC or the AGC Set-Point is set at a level that will allow the Nameplate Capacity Rating to be deliverable by determining the amount that would have been available for delivery had its generation not been so curtailed. Compensable Curtailment Energy shall equal the number of MWh represented by the Potential Net Output less the Net Output actually delivered to the Point of Delivery. PacifiCorp will pay Seller the Contract Price for each MWh of Compensable Curtailment Energy, net of any Non-Compensable Curtailments (the “Compensable Curtailment Price”). For purposes of determining Compensable Curtailment Energy, the amount of Potential Net Output at any given time will be calculated using PacifiCorp’s wind solar forecasting vendor; provided, however, that PacifiCorp will agree to use Seller’s forecasting of Potential Net Output provided Seller can demonstrate to PacifiCorp’s reasonable satisfaction that such forecasting tool employs the best available data and methods to determine an accurate representation of the amount of Potential Net Output.

Compensable Curtailment. If, during the period beginning on the later of (i) the Commercial Operation Date or (ii) the Scheduled Commercial Operation Date and thereafter during the Term, Net Output is curtailed by PacifiCorp and such curtailment is not included as a Non-Compensable Curtailment (“Compensable Curtailment Energy”), then PacifiCorp shall pay to Seller the Compensable Curtailment Price for the Compensable Curtailment Energy, as determined below. PacifiCorp The Parties will calculate the quantity of Compensable Curtailment Energy by determining the Potential Net Output (A) during those periods of time when the Facility is on AGC and the AGC Set-Point is set at a level that will not allow the entire Nameplate Capacity Rating to be deliverable by determining the difference between Potential Net Output and the delivered Net Output, and (B) during those periods of time when the Facility is not on AGC or the AGC Set-Point is set at a level that will allow the Nameplate Capacity Rating to be deliverable by determining the amount that would have been available for delivery had its generation not been so curtailed. Compensable Curtailment Energy shall equal the number of MWh represented by the Potential Net Output less the Net Output actually delivered to the Point of Delivery. PacifiCorp will pay Seller the Contract Price for each MWh of Compensable Curtailment Energy, net of any Non-Compensable Curtailments (the “Compensable Curtailment Price”). For purposes of determining Compensable Curtailment Energy, the amount of Potential Net Output at any given time will be calculated using PacifiCorp’s wind solar forecasting vendor; provided, however, that PacifiCorp will agree to use Seller’s forecasting of Potential Net Output provided Seller can demonstrate to PacifiCorp’s reasonable satisfaction that such forecasting tool employs the best available data and methods to determine an accurate representation of the amount of Potential Net Output.

Compensable Curtailment. If, during the period beginning on the later of (i) the Commercial Operation Date or (ii) the Scheduled Commercial Operation Date and thereafter during the Term, Net Output is curtailed by PacifiCorp and such curtailment is not included as a Non-Compensable Curtailment (“Compensable Curtailment Energy”), then PacifiCorp shall pay to Seller the Compensable Curtailment Price for the Compensable Curtailment Energy, as determined below. PacifiCorp The Parties will calculate the quantity of Compensable Curtailment Energy by determining the Potential Net Output (A) during those periods of time when the Facility is on AGC and the AGC Set-Point is set at a level that will not allow the entire Nameplate Capacity Rating to be deliverable by determining the difference between Potential Net Output and the delivered Net Output, and (B) during those periods of time when the Facility is not on AGC or the AGC Set-Point is set at a level that will allow the Nameplate Capacity Rating to be deliverable by determining the amount that would have been available for delivery had its generation not been so curtailed. Compensable Curtailment Energy shall equal the number of MWh represented by the Potential Net Output less the Net Output actually delivered to the Point of Delivery. PacifiCorp will pay Seller the Contract Price for each MWh of Compensable Curtailment Energy, net of any Non-Compensable Curtailments (the “Compensable Curtailment Price”). For purposes of determining Compensable Curtailment Energy, the amount of Potential Net Output at any given time will be calculated using PacifiCorp’s wind forecasting vendor; provided, however, that PacifiCorp will agree to use Seller’s forecasting of Potential Net Output provided Seller can demonstrate to PacifiCorp’s reasonable satisfaction that such forecasting tool employs the best available data and methods to determine an accurate representation of the amount of Potential Net Output.