Common use of Department’s Delivery of Fuel Clause in Contracts

Department’s Delivery of Fuel. If Department is supplying Fuel to the Facility in accordance with Sections 2.04(c) or 2.04(d), (i) Seller shall allow Department to nominate through the Fuel Manager all Fuel volumes required for Energy Dispatched by Department and such volumes shall have priority over volumes nominated by Seller, subject to transporter limitations in effect at that time; and (ii) Fuel Manager shall be available to Department to coordinate Department’s Fuel activity for all four gas nomination cycles each Day. If a transporter curtailment is in existence during any period during which Department is supplying Fuel to the Facility in accordance with Sections 2.04(c) or 2.04(d), the available gas volumes under the transporter curtailment shall be apportioned between Department and Seller in proportion to Department’s Energy Dispatched for that period and Seller’s scheduled dispatch for that period.