Common use of Energy Market Participation Clause in Contracts

Energy Market Participation. In accordance with Sections 23.6.1.1 through 23.6.1.5 of the Services Tariff, Owner shall offer for sale into the Day-Ahead and Real-Time Markets all of the Energy and Ancillary Services each RMR Generator is capable of providing by submitting ISO-committed flexible Bids (offers) at or below (equally or less restrictive than for physical parameters) the Reference Levels that are currently on-file with the ISO and approved for use by the ISO’s MMA. RMR Generators that are not Installed Capacity Suppliers, or that have not sold all of their Unforced Capacity, must still be offered into the Energy and Ancillary Services markets consistent with this obligation. See also Services Tariff Sections 5.12.7 and 5.12.8. Consistent with Section 23.6.1.1 of the Services Tariff, Owner shall offer Energy, Operating Reserves and Regulation at prices that are equal to or less than each RMR Generator’s ISO- approved Reference Levels. Consistent with Sections 23.6.3.1 through 23.6.3.3 of its Services Tariff, the ISO will mitigate dollar-denominated Bids that exceed an RMR Generator’s currently effective Reference Levels and will perform all other Tariff-authorized mitigation. Consistent with Sections 23.3.1.4.6.1 and 23.6.2.5 of the Services Tariff, Owner shall timely submit fuel price updates and fuel type updates to the ISO so that they can be incorporated to develop accurate Reference Levels for each RMR Generator. Submission of an inaccurate fuel price update or fuel type update may require the ISO to assess a financial penalty in accordance with Section 23.4.3.3.3 of the Services Tariff, or may result in the ISO’s referral of Owner’s failure to submit accurate fuel cost information to its Market Monitoring Unit for possible referral to FERC’s Office of Enforcement. Owner is not required to submit hourly offers in the Real-Time Market for an RMR Generator that is not capable of being committed by the ISO’s Real-Time Commitment (“RTC”) if the RMR Generator was not committed Day-Ahead. If such an RMR Generator was committed Day-Ahead, Owner shall offer the RMR Generator into the Real-Time Market for the hours of its Day-Ahead schedule and for additional real-time hours consistent with the RMR Generator’s operating capabilities. Owner is required to timely respond to a Supplemental Resource Evaluation (“SRE”) or an Out-of-Merit (“OOM”) commitment request issued by the ISO or by a Transmission Owner for an RMR Generator. See Services Tariff Sections 23.6.1.1.4 and 23.6.1.1.5. If and to the extent an RMR Generator is not available, or is not fully available, Owner shall timely notify the ISO of the outage or derate in accordance with ISO Procedures and accurately reflect each RMR Generator’s availability in its Bids. If an RMR Generator’s Variable Costs change as a result of the derate, then Owner must contact the ISO’s MMA Department to request changes to the RMR Generator’s Reference Levels. See Services Tariff Sections 23.6.1.1.6.

Energy Market Participation. In accordance with Sections 23.6.1.1 through 23.6.1.5 of the Services Tariff, Owner shall offer for sale into the Day-Ahead and Real-Time Markets all of the Energy and Ancillary Services each RMR Generator is capable of providing by submitting ISO-committed flexible Bids (offers) at or below (equally or less restrictive than for physical parameters) the Reference Levels that are currently on-file with the ISO and approved for use by the ISO’s MMA. RMR Generators that are not Installed Capacity Suppliers, or that have not sold all of their Unforced Capacity, must still be offered into the Energy and Ancillary Services markets consistent with this obligation. See also Services Tariff Sections 5.12.7 and 5.12.8. Consistent with Section 23.6.1.1 of the Services Tariff, Owner shall offer Energy, Operating Reserves and Regulation at prices that are equal to or less than each RMR Generator’s ISO- ISO-approved Reference Levels. Consistent with Sections 23.6.3.1 through 23.6.3.3 of its Services Tariff, the ISO will mitigate dollar-denominated Bids that exceed an RMR Generator’s currently effective Reference Levels and will perform all other Tariff-authorized mitigation. Consistent with Sections 23.3.1.4.6.1 and 23.6.2.5 of the Services Tariff, Owner shall timely submit fuel price updates and fuel type updates to the ISO so that they can be incorporated to develop accurate Reference Levels for each RMR Generator. Submission of an inaccurate fuel price update or fuel type update may require the ISO to assess a financial penalty in accordance with Section 23.4.3.3.3 of the Services Tariff, or may result in the ISO’s referral of Owner’s failure to submit accurate fuel cost information to its Market Monitoring Unit for possible referral to FERC’s Office of Enforcement. Owner is not required to submit hourly offers in the Real-Time Market for an RMR Generator that is not capable of being committed by the ISO’s Real-Time Commitment (“RTC”) if the RMR Generator was not committed Day-Ahead. If such an RMR Generator was committed Day-Ahead, Owner shall offer the RMR Generator into the Real-Time Market for the hours of its Day-Ahead schedule and for additional real-time hours consistent with the RMR Generator’s operating capabilities. Owner is required to timely respond to a Supplemental Resource Evaluation (“SRE”) or an Out-of-Merit (“OOM”) commitment request issued by the ISO or by a Transmission Owner for an RMR Generator. See Services Tariff Sections 23.6.1.1.4 and 23.6.1.1.5. If and to the extent an RMR Generator is not available, or is not fully available, Owner shall timely notify the ISO of the outage or derate in accordance with ISO Procedures and accurately reflect each RMR Generator’s availability in its Bids. If an RMR Generator’s Variable Costs change as a result of the derate, then Owner must contact the ISO’s MMA Department to request changes to the RMR Generator’s Reference Levels. See Services Tariff Sections 23.6.1.1.6.

Energy Market Participation. In accordance with Sections 23.6.1.1 through 23.6.1.5 of the Services Tariff, Owner shall offer for sale into the Day-Ahead and Real-Time Markets all of the Energy and Ancillary Services each RMR Generator is capable of providing by submitting ISO-committed flexible Bids (offers) at that are equal to or less thanat or below (equally or less restrictive than for physical parameters) the Reference Levels that are currently on-file with the ISO and approved for use by the ISO’s MMA. RMR Generators that are not Installed Capacity Suppliers, or that have not sold all of their Unforced Capacity, must still be offered into the Energy and Ancillary Services markets consistent with this obligation. See also Services Tariff Sections 5.12.7 and 5.12.8. Consistent with Section 23.6.1.1 of the Services Tariff, Owner shall offer Energy, Operating Reserves and Regulation at prices that are equal to or less than each RMR Generator’s ISO- approved Reference Levels. Consistent with Sections 23.6.3.1 through 23.6.3.3 of its Services Tariff, the ISO will mitigate dollar-denominated Bids that exceed an a RMR Generator’s currently effective Reference Levels and will perform all other Tariff-authorized mitigation. Consistent with Sections 23.3.1.4.6.1 and 23.6.2.5 23.6.2.4 of the Services Tariff, Owner shall timely submit fuel price updates and fuel type updates to the ISO so that they can be incorporated to develop accurate Reference Levels for each RMR Generator. Submission of an inaccurate fuel price update or fuel type update may require the ISO to assess a financial penalty in accordance with Section 23.4.3.3.3 of the Services Tariff, or may result in the ISO’s referral of Owner’s failure to submit accurate fuel cost information to its Market Monitoring Unit for possible referral to FERC’s Office of Enforcement. Owner is not required to submit hourly offers in the Real-Time Market for an RMR Generator that is not capable of being committed by the ISO’s Real-Time Commitment (“RTC”) if the RMR Generator was not committed Day-Ahead. If such an RMR Generator was committed Day-Ahead, Owner shall offer the RMR Generator into the Real-Time Market for the hours of its Day-Ahead schedule and for additional real-time hours consistent with the RMR Generator’s operating capabilities. Owner is required to timely respond to a Supplemental Resource Evaluation (“SRE”) or an Out-of-Merit (“OOM”) commitment request requests issued by the ISO or by a Transmission Owner for an RMR Generator. See Services Tariff Sections 23.6.1.1.4 and 23.6.1.1.5. RMR Generators that are not capable of being committed by the ISO’s Real-Time Commitment (“RTC”) are not required to submit hourly Bids in the Real-Time Market, however they are required to timely respond to a Supplemental Resource Evaluation (“SRE”) or an Out- of-Merit (“OOM”) commitment requests issued by the ISO or by a Transmission Owner. If and to the extent an a RMR Generator is not available, or is not fully available, Owner shall timely notify the ISO of the outage or derate in accordance with ISO Procedures and accurately reflect each RMR Generator’s availability in its Bids. If an a RMR Generator’s Variable Costs change as a result of the derate, then Owner must contact the ISO’s MMA Department to request changes to the RMR Generator’s Reference Levels. See Services Tariff Sections 23.6.1.1.6.