Common use of Firm Transmission Service Agreement Clause in Contracts

Firm Transmission Service Agreement. No later than [ ] days after Effective Date, Seller shall deliver to PGE copies of transmission service agreements with associated service tables between Seller and its Transmission Provider for transmission service between the Facility’s point of interconnection and the Delivery Point for the entire Delivery Period in the form of either: i) a fully executed copies of Cluster Study Agreements for Long-Term Firm Point-To-Point Service for a minimum of eighty percent (80%) of the Net Available Capacity, or ii) a fully executed copy of a Long-Term Firm Point-To-Point Service Transmission Service Agreement for a minimum of eighty percent (80%) of the Net Available Capacity, in each case commencing no later than the Commercial Operation Date. Seller may not satisfy the requirements of this Section 3.8.2 by acquiring transmission rights currently held by a third party, or its affiliates, engaged in the development of a Qualifying Facility if such party or its affiliates has contractual obligations to PGE for the delivery of energy under PGE’s Tariff Schedule 201, unless it can be reasonably determined that the transmission rights are in excess of such third party’s contractual obligations to PGE. During the Delivery Period, Seller may reserve and procure Short-Term Firm Transmission Service from the Transmission Provider for up to twenty percent (20%) of the Net Available Capacity. Seller is required to utilize firm transmission service for one hundred percent (100%) of the Net Available Capacity. In the event Seller fails to comply with the transmission requirements in this Section 3.8.2, and attempts to Schedule energy utilizing non-firm transmission, the following shall occur: (a) PGE may reject the e-tag for such Energy and Seller shall be responsible for any costs or penalties imposed by a Reliability Entity that are related to such rejected delivery; (b) in the event PGE does not reject the e-tag for such Energy, the price for such Energy shall be adjusted to the lesser of (i) [93%] of the Market Index Price and (ii) [75%] of Fixed Price (which such price adjustment shall be additive to any other price adjustments that may be appliable to such Energy delivery; (c) in the event PGE does not reject the e-tag for such Energy, PGE shall not be required to reimburse Seller for Control Area Service costs and Seller shall provide an updated Generation Forecast to the Transmission Provider, excluding such Energy. Any curtailment of conditional firm transmission or non-firm transmission does not constitute a Force Majeure. Seller shall pay for and maintain the transmission service set forth in this Section 3.8.2 for delivery of Energy from the Facility’s point of interconnection to the Delivery Point during the entire Delivery Period, commencing on the Commercial Operation Date. Seller is responsible for making all arrangements and for paying all transmission costs for delivery of the Energy to the Delivery Point, including but not limited to all Ancillary Services and EIM costs required by the Transmission Provider(s) to deliver Energy to the Delivery Point. Seller shall procure and PGE will reimburse Seller for all Control Area Services, except for Persistent Deviation Penalties and Intentional Deviation Penalties, provided by an entity that is mutually agreed upon by the Parties that may be required by the Transmission Provider or balancing authority as a condition of interconnection. Seller’s Long-Term Firm Point-To-Point Transmission Service Agreements shall have a term of no less than five (5) years and must have reservation priority for the Delivery Period. A copy of Seller’s long-term transmission plan, as of the Effective Date, is attached to this Agreement as Exhibit J. Within five (5) days of execution of any new or replacement Transmission Service Agreement(s), Seller shall provide PGE with a copy of Seller’s transmission agreement and generation interconnection agreements, and the Parties shall amend Exhibit J to include copies of such agreements.

Firm Transmission Service Agreement. No later than [ ] days after Effective Date, Seller shall deliver to PGE copies of transmission service agreements with associated service tables between Seller and its Transmission Provider for transmission service between the Facility’s point of interconnection and the Delivery Point for the entire Delivery Period in the form of either: i) a fully executed copies of Cluster Study Agreements for Long-Term Firm Point-To-Point Service for a minimum of eighty percent percent‌ (80%) of the Net Available Capacity, or ii) a fully executed copy of a Long-Term Firm Point-To-Point Service Transmission Service Agreement for a minimum of eighty percent (80%) of the Net Available Capacity, in each case commencing no later than the Commercial Operation Date. Seller may not satisfy the requirements of this Section 3.8.2 by acquiring transmission rights currently held by a third party, or its affiliates, engaged in the development of a Qualifying Facility if such party or its affiliates has contractual obligations to PGE for the delivery of energy under PGE’s Tariff Schedule 201, unless it can be reasonably determined that the transmission rights are in excess of such third party’s contractual obligations to PGE. During the Delivery Period, Seller may reserve and procure Short-Term Firm Transmission Service from the Transmission Provider for up to twenty percent (20%) of the Net Available Capacity. Seller is required to utilize firm transmission service for one hundred percent (100%) of the Net Available Capacity. In the event Seller fails to comply with the transmission requirements in this Section 3.8.2, and attempts to Schedule energy utilizing non-firm transmission, the following shall occur: (a) PGE may reject the e-tag for such Energy and Seller shall be responsible for any costs or penalties imposed by a Reliability Entity that are related to such rejected delivery; (b) in the event PGE does not reject the e-tag for such Energy, the price for such Energy shall be adjusted to the lesser of (i) [93%] of the Market Index Price and (ii) [75%] of Fixed Price (which such price adjustment shall be additive to any other price adjustments that may be appliable to such Energy delivery; (c) in the event PGE does not reject the e-tag for such Energy, PGE shall not be required to reimburse Seller for Control Area Service costs and Seller shall provide an updated Generation Forecast to the Transmission Provider, excluding such Energy. Any curtailment of conditional firm transmission or non-firm transmission does not constitute a Force Majeure. Seller shall pay for and maintain the transmission service set forth in this Section 3.8.2 for delivery of Energy from the Facility’s point of interconnection to the Delivery Point during the entire Delivery Period, commencing on the Commercial Operation Date. Seller is responsible for making all arrangements and for paying all transmission costs for delivery of the Energy to the Delivery Point, including but not limited to all Ancillary Services and EIM costs required by the Transmission Provider(s) to deliver Energy to the Delivery Point. Seller shall procure and PGE will reimburse Seller for all Control Area Services, except for Persistent Deviation Penalties and Intentional Deviation Penalties, provided by an entity that is mutually agreed upon by the Parties that may be required by the Transmission Provider or balancing authority as a condition of interconnection. Seller’s Long-Term Firm Point-To-Point Transmission Service Agreements shall have a term of no less than five (5) years and must have reservation priority for the Delivery Period. A copy of Seller’s long-term transmission plan, as of the Effective Date, is attached to this Agreement as Exhibit J. Within five (5) days of execution of any new or replacement Transmission Service Agreement(s), Seller shall provide PGE with a copy of Seller’s transmission agreement and generation interconnection agreements, and the Parties shall amend Exhibit J to include copies of such agreements.