Common use of Control Area Operations Clause in Contracts

Control Area Operations. (a) All of the Facility Electrical Output must be delivered to either the TVA or Entergy Control Areas. At least one (1) year prior to the Initial Synchronization Date, LSP shall notify TVA in writing of its initial designation of the Control Area to receive the Facility Electrical Output. LSP may change its Control Area designation upon one (1) year's prior written notice to TVA. LSP shall reimburse TVA for all costs incurred by TVA as a result of LSP changing its Control Area designation. TVA and LSP recognize that, regardless of the Control Area selected by LSP, if the Facility Electrical Output is creating an adverse effect on the TVA system which condition is of the type, magnitude, or duration which, regardless of which Control Area the Facility was located in or to which system the Facility Electrical Output was being delivered, would give rise to a right of Disconnection or Curtailment pursuant to Section 7.2, LSP shall be responsible for taking whatever action is required to alleviate the condition on the TVA system to the extent necessary to overcome the adverse effect giving rise to such right of Disconnection or Curtailment. (b) TVA and LSP recognize that when LSP has designated Entergy as the Control Area under Section 7.7(a), unscheduled energy from the Facility may flow over the TVA system as an indirect, unavoidable, and unintentional consequence of the physical and electrical characteristics of the interconnected network of transmission lines of which the transmission systems of TVA and Entergy are a part. TVA shall permit such flows to occur on its transmission system subject, however, to the understanding that such flows shall not be of such type, magnitude, or duration as would create an adverse effect on the TVA system which, if the Facility Electrical Output were being delivered to TVA, would give rise to a right of Disconnection or Curtailment pursuant to Section 7.2. Should such flows of energy become of such type, magnitude, or duration as to cause the adverse effects set forth above, TVA shall notify Entergy and LSP shall promptly undertake such action or actions requested by Entergy, up to and including curtailment of generation, as are necessary to reduce such energy flows to the extent necessary to overcome the adverse effect giving rise to such right of Disconnection or Curtailment . Nothing in this Section 7.7(b) shall be construed to require LSP to take any action inconsistent with Good Utility Practice or a more specific practice applied by Entergy to generation in its Control Area or with applicable laws and regulations. LSP agrees that LSP's Interconnection and Operating Agreement with Entergy, dated May 18, 1998, provides a basis for the remedial action to be taken as provided above and LSP will make no amendment that would remove the provision that provides for such remedial action or has the effect of substantially reducing Entergy's right to take such remedial action. (c) TVA and LSP recognize that when LSP has designated TVA as the Control Area under Section 7.7(a), unscheduled energy from the Facility may flow over the Entergy system or other electrical systems (collectively referred to as "Other System(s)") as an indirect, unavoidable, and unintentional consequence of the physical and electrical characteristics of the interconnected network of transmission lines of which the transmission systems of TVA and the Other System(s) are a part. Should the Other System(s) notify TVA that such flows of energy have become of such type, magnitude, or duration as would create an adverse effect on the Other System(s) which, if the Facility Electrical Output were being delivered to the Other System(s), would give rise to a right of Disconnection or Curtailment pursuant to Section 7.2 by the Other System. LSP shall, upon being notified by TVA to such effect, promptly undertake such action or actions requested by TVA, up to and including curtailment of generation, as are necessary to reduce such energy flows to the extent necessary to overcome the adverse effect giving rise to such right of Disconnection or Curtailment. In the event that LSP, for whatever reasons, does not undertake such action or actions requested by TVA, TVA may disconnect the Facility from the TVA system. (d) Notwithstanding the provisions of Section 7.7(a), LSP may, upon one (1) year's prior written notice to TVA, designate that the Facility Electrical Output from one (1) or two (2) of the generators at the Facility be delivered to the TVA Control Area; provided, however, that the implementation of the arrangements provided for under this Section 7.7(d) shall be contingent upon (i) the execution of any necessary contractual arrangements required by TVA, (ii) agreement among TVA, LSP, and Entergy of any necessary operational arrangements, and (iii) the provision by LSP, at its expense, of any equipment required by TVA to accommodate such an arrangement. LSP shall reimburse TVA for all costs incurred by TVA as a result of LSP changing its Control Area designation under this Section 7.7(d).

Control Area Operations. (a) All For Control Area purposes, all of the Facility Electrical Output must shall be delivered deemed to either be generated in the TVA Control Area, or Entergy in the Control AreasArea of the Interconnected Neighboring System (if applicable), or in a separately established Control Area that includes the Facility, consistent with NERC and SERC manuals or standards and any applicable legal requirements, including those of FERC. At Consistent with NERC guidelines or procedures for Control Area certification, Interconnection Customer shall notify TVA in writing (i) at least one thirty (130) year Days prior to the Initial Synchronization Date, LSP shall notify TVA in writing Date of its initial designation of the Control Area to receive where the Facility Electrical Output. LSP may change its Output shall be deemed to be generated and (ii) of subsequent changes to Interconnection Customer’s Control Area designation upon one (1) year's prior written notice to TVAdesignation. LSP Interconnection Customer shall reimburse TVA for all actual costs (including applicable overheads) incurred by TVA as a result of LSP Interconnection Customer’s changing its Control Area designation. TVA and LSP Interconnection Customer recognize that, regardless of the Control Area selected designated by LSPInterconnection Customer, if the Facility Electrical Output is creating an adverse effect on the TVA transmission system which condition is of the type, magnitude, or duration whichthat, regardless of which Control Area the Facility Electrical Output was located designated to be generated in or to which transmission system the Facility Electrical Output was being delivered, would give rise to a right of Disconnection or Curtailment pursuant to Section 7.2BA-7.2 (Disconnection of Facility or Curtailment of Deliveries), LSP Interconnection Customer shall be responsible for taking whatever the action is required to alleviate the condition on the TVA transmission system to the extent necessary to overcome the adverse effect giving rise to such right of Disconnection or Curtailment. (b) TVA and LSP Interconnection Customer recognize that when LSP Interconnection Customer has designated Entergy the Control Area of the Interconnected Neighboring System as the Control Area under paragraph (a) of Section 7.7(a)BA-7.7 (Control Area Operations) or in a separately established Control Area that includes the Facility, unscheduled energy from the Facility may flow over the TVA transmission system as an indirect, unavoidable, and unintentional consequence of the physical and electrical characteristics of the interconnected network of transmission lines of which the TVA transmission systems system and the transmission system of TVA and Entergy the Interconnected Neighboring System are a part. TVA shall permit such flows to occur on its the TVA transmission system subject, however, to the understanding that so long as such flows shall do not be of such type, magnitude, or duration as would create an adverse effect on the TVA system which, if the Facility Electrical Output were being delivered to TVA, would give rise to a right of Disconnection or Curtailment pursuant to Section 7.2BA-7.2 (Disconnection of Facility or Curtailment of Deliveries). Should such flows of energy become of give rise to such type, magnitude, or duration as to cause the adverse effects set forth aboveright, TVA shall notify Entergy the subject Control Area operator, and LSP Interconnection Customer shall promptly undertake such action or actions requested by Entergythe subject Control Area operator, up to and including curtailment of generationCurtailment, as are necessary to reduce such energy flows to the extent necessary to overcome the adverse effect giving rise to such right of Disconnection or Curtailment Curtailment. Nothing in this Section 7.7(bparagraph (b) shall be construed to require LSP Interconnection Customer to take any action inconsistent with Good Utility Practice or with a more specific practice applied by Entergy the subject Control Area operator to generation in its Control Area Area, or inconsistent with applicable laws and regulations. LSP agrees Interconnection Customer warrants and represents to TVA that LSP's Interconnection and Operating Agreement Customer’s contractual arrangements with Entergythe Interconnected Neighboring System for the interconnection of the Facility to the transmission system of the Contract No. Interconnected Neighboring System and, dated May 18if in a separately established Control Area that includes the Facility, 1998, provides any operating procedures that Interconnection Customer has with such Control Area operator will provide a basis for the remedial action to be taken as provided above and LSP will make no Interconnection Customer shall not agree to any amendment to such contractual arrangements or operating procedures that would remove the provision that provides for such remedial action or has the effect of substantially reducing Entergy's the Interconnected Neighboring System’s or subject Control Area operator’s right to take such remedial action. Interconnection Customer shall provide TVA a copy of its agreement with the Interconnected Neighboring System and (if the Facility is in a separately established Control Area) a copy of the operating procedures of such Control Area operator and identify those specific sections that address such remedial action. (c) TVA and LSP Interconnection Customer recognize that when LSP Interconnection Customer has designated TVA as the Control Area under paragraph (a) of Section 7.7(aBA-7.7 (Control Area Operations), unscheduled energy from the Facility may flow over the Entergy transmission system of the Interconnected Neighboring System or other electrical systems (collectively referred to as "“Other System(s)"Systems”) as an indirect, unavoidable, and unintentional consequence of the physical and electrical characteristics of the interconnected network of transmission lines of which the transmission systems of TVA and the Other System(s) Systems are a part. Should the Other System(s) Systems notify TVA that such flows of energy have become of such type, magnitude, or duration as would create an adverse effect on the Other System(s) which, if the Facility Electrical Output were being delivered to the Other System(s), would give rise to a right of Disconnection or Curtailment similar to that provided pursuant to Section 7.2 by the Other System. LSP BA-7.2 (Disconnection of Facility or Curtailment of Deliveries), Interconnection Customer shall, upon being notified by TVA to such effect, promptly undertake such action or actions requested by TVA, up to and including curtailment of generationCurtailment, as are necessary to reduce such energy flows to the extent necessary to overcome the adverse effect giving rise to such right of Disconnection or Curtailment. In the event that LSPInterconnection Customer, for whatever reasons, does not undertake such action or actions requested by TVA, TVA may disconnect Disconnect the Facility from the TVA transmission system. (da) Notwithstanding This Agreement provides for only the provisions interconnection of Section 7.7(a)the Facility to the TVA transmission system and does not in any way guarantee the ability of the transmission system to deliver, LSP maytransmit, upon one (1) year's prior written notice to TVA, designate that or otherwise transfer the Facility Electrical Output to any specific load either on or off the TVA transmission system. Any transmission service request shall be submitted to TVA separately from one (1) the interconnection process that resulted in this Agreement. The procedures and deadlines in TVA’s Guidelines shall govern processing requests for transmission service. Interconnection Customer, or two (2) an eligible transmission customer purchasing the Facility Electrical Output, shall arrange for and be solely responsible for any necessary transmission of the generators at Facility Electrical Output, in accordance with the Guidelines. If Interconnection Customer or an eligible transmission customer purchasing the Facility Electrical Output requests firm transmission service, TVA will perform a transmission system impact study as provided under the Guidelines in order to determine the capability of the transmission system to deliver power from the Facility to the identified loads. (b) Any shortfall in Facility Electrical Output preventing Interconnection Customer from meeting its commitments to third parties shall be the sole responsibility of Interconnection Customer. Notwithstanding any other provisions of this Agreement, except as agreed to by the Parties and consistent with applicable law, TVA shall at no time be obligated to deliver energy to third parties in amounts in excess of the actual Facility Electrical Output that is scheduled (to the extent that the Facility can be scheduled) and delivered to the TVA Control AreaArea (“Designated Output”). Consistent with Good Utility Practice, Interconnection Customer shall take all actions that are within its control and within the reasonable capabilities of the Facility Contract No. to assure that during each hour the amount of Designated Output shall be equal to or greater than the schedule of energy (including any applicable transmission losses) delivered by TVA to said third parties. Interconnection Customer shall immediately notify TVA of any circumstances that would cause the Designated Output to be less than the schedule of energy (“Difference”) and shall take immediate corrective action. In order to account for said ▇▇▇▇▇▇▇▇▇▇, said schedule of energy shall be appropriately reduced as soon as possible by the Parties so that over the hour, as is reasonably practicable, the Designated Output is equal to or greater than the schedule of energy (including any applicable transmission losses). In the event a Difference nevertheless occurs over an hour between the scheduled amount and the Designated Output, Interconnection Customer shall pay, or cause a third party to pay, the appropriate charges applied to said Difference; provided, however, that said charges shall be consistent with the implementation imbalance charges applied to similar power production facilities located in the TVA Control Area in comparable circumstances. TVA’s current imbalance charges are set out in Exhibit RD. TVA shall endeavor to provide Interconnection Customer with notice as far in advance as is reasonably practicable of any modifications to the arrangements provided for under this imbalance charges set out in Exhibit RD. Exhibit RD and Sections BA-8.1(b), BA-1.2(iii), and Section 7.7(dBA-7.2(a)(iv) shall be contingent upon not apply to Interconnection Customer in the event that (i) the execution of any necessary contractual arrangements required by TVA, Facility operates in a separately established Control Area; (ii) agreement among TVA, LSP, the Facility output is dynamically scheduled out of the TVA Control Area to another Control Area and Entergy of any the equipment and related telemetry necessary operational arrangements, and to accomplish such dynamic scheduling are operational; or (iii) the provision by LSPFacility operates in an Interconnected Neighboring System Control Area. However, when the Facility is located in a separately established Control Area or in an Interconnected Neighboring System Control Area, Interconnection Customer shall nevertheless be responsible for ensuring that its actual generation matches its scheduled deliveries in accordance with the subject Control Area’s requirements. (c) No imbalance charges as set out in Exhibit RD shall apply during hours when prompt action needs to be taken and when, at its expenseTVA’s request, Interconnection Customer: (i) operates at a power factor outside the range specified in Section BA-6.5 (Voltage Schedule); (ii) alters power generation at the Facility in response to an Emergency not caused by Interconnection Customer, and in each such case ((i) and (ii)) the Difference that occurred was due to such circumstances; or (iii) Interconnection Customer is in compliance with Section BA-6.5 (Voltage Schedule) but Interconnection Customer agrees to alter the MW output of any equipment required by TVA the Facility in order to accommodate such an arrangement. LSP shall reimburse TVA for all costs incurred by TVA as a result of LSP changing its Control Area designation under this Section 7.7(d)change the voltage output or specified power factor or reactive power output.