Dependable Capacity Clause Samples

Dependable Capacity. Capacity Payments and availability calculations will use the Dependable Capacity allocated to Buyer. The “Dependable Capacity allocated to Buyer” means the net MW that the Facility (or, in the event Bidder proposes to allocate to Buyer a portion of the nameplate capacity of the Facility, the corresponding portion thereof) is capable of delivering reliably to Buyer at the Energy Delivery Point from each Capacity Product at reference conditions of 97o Fahrenheit and 56% relative humidity, as established and adjusted according to the following paragraph: The Dependable Capacity allocated to Buyer will be established and adjusted according to (i) capacity demonstration tests conducted (unless waived by Buyer) semi-annually or as part of, or shortly after, the completion of extraordinary repairs to the Facility, at Seller’s expense for the independent tester, and (ii) additional capacity demonstration tests conducted at the request of Buyer from time to time, at Buyer’s expense for the independent tester; provided, however, that in no event will the Dependable Capacity allocated to Buyer be increased above the lesser of (i) the maximum MW capable of being delivered to Buyer at the Energy Delivery Point (i.e., upper end of the operating range) specified by Bidder in item 20 below for the summer season of the applicable year of the Delivery Term (under the operating configuration that generates the highest maximum MW) or (ii) the amount of firm transmission from the Energy Delivery Point that Buyer obtains in connection with the Definitive Agreement (for this purpose, ▇▇▇▇▇ typically seeks to obtain an amount of firm transmission from the Energy Delivery Point equal to the Dependable Capacity allocated to Buyer expected by Buyer in each year of the Delivery Term). The semi-annual capacity demonstration tests will occur during the months of December or January and June or July of each year, except to the extent waived by ▇▇▇▇▇. Each capacity demonstration test will be performed in accordance with standard industry practices and testing protocols to be set forth in the Definitive Agreement. Buyer will purchase the power delivered pursuant to any capacity demonstration tests.