Common use of Fuel Plan Clause in Contracts

Fuel Plan. (a) [Reserved]. (b) For each full calendar year during the Term, the Department shall provide Seller a schedule indicating the expected level of Dispatch (Maximum Load, Full Load, Part Load, Minimum Load, or zero) of the Facility during the weekday peak and off-peak, Saturday peak and off-peak and Sunday/Holiday peak and off-peak periods of each month during the calendar year by August 1 prior to the commencement of the following calendar year (“Annual Dispatch Schedule”). By September 1, Seller shall provide to the Department a proposed Fuel Plan for the following calendar year based upon the Annual Dispatch Schedule. In lieu of providing an Annual Dispatch Schedule, the Department may, by written notice to Seller, by August 1 of any calendar year that the Department wishes to act in the role of Fuel Manager for the upcoming calendar year. (c) The Department shall notify Seller in writing within fifteen (15) Days of the Department’s receipt of a proposed Fuel Plan whether the Department approves of such proposed Fuel Plan. In the event that the Department does not accept a proposed Fuel Plan, Seller may amend such proposed Fuel Plan within seven (7) Days of the Department’s notice of disapproval. If the Department does not accept Seller’s amendments to a proposed Fuel Plan, the Department shall provide Fuel to the Facility for the period covered by the applicable proposed Fuel Plan; in such event, the provisions of Section 6.02, Section 6.03 and Section 6.04 shall not apply and Seller shall be obligated to deliver Net Electrical Output called for in a Dispatch Notice only to the extent that the Department delivers the Fuel necessary to generate such Net Electrical Output. In the event that the Department has rejected a proposed Fuel Plan, has opted to procure Fuel for the Facility but fails to deliver the necessary Fuel to meet the level of Net Electrical Output called for in a Dispatch Notice, Seller shall be excused from performance with respect to that portion of Net Electrical Output called for in such Dispatch Notice for which the Department has failed to deliver Fuel, provided, however, Seller shall be completely excused from performance under such Dispatch Notice if the Department fails to deliver sufficient Fuel to the Facility to operate at least at Minimum Load. In the event the Department elects to provide Fuel to the Facility, Seller shall continue to provide Fuel and transportation services for any contract previously entered into by Seller as approved by the Department, the term of which extends into the calendar year for which the Department elects to provide Fuel to the Facility. Election by the Department to provide Fuel in any calendar year shall not excuse Seller from preparing a proposed Fuel Plan for subsequent calendar years. In such event, Seller shall create such new Fuel Plan based upon existing contracts for Fuel and transportation which have been entered into previously by Seller with the Department’s approval in accordance with a previously approved Fuel Plan, and contracts which the Department has entered into.

Fuel Plan. (a) [Reserved]By August 1, 2001, the Department shall provide Seller a schedule indicating the expected level of Dispatch (Maximum Load, Full Load, Part Load, Minimum Load, or zero) of the Facility during the weekday peak and off-peak, Saturday peak and off-peak and Sunday/Holiday peak and off-peak periods of each month for the remaining period ending December 31, 2001. By September 1, 2001, Seller shall provide to the Department a proposed Fuel Plan for the remaining period ending December 31, 2001. (b) For each full calendar year during the Term, the Department shall provide Seller a schedule indicating the expected level of Dispatch (Maximum Load, Full Load, Part Load, Minimum Load, or zero) of the Facility during the weekday peak and off-peak, Saturday peak and off-peak and Sunday/Holiday peak and off-peak periods of each month during the calendar year by August 1 prior to the commencement of the following calendar year (“Annual Dispatch Schedule”). By September 1, Seller shall provide to the Department a proposed Fuel Plan for the following calendar year based upon the Annual Dispatch Schedule. In lieu of providing an Annual Dispatch Schedule, the Department may, by written notice to Seller, by August 1 of any calendar year that the Department it wishes to act in the role of Fuel Manager for the upcoming calendar year. (c) The Department shall notify Seller in writing within fifteen (15) Days of the Department’s receipt of a proposed Fuel Plan whether the Department approves of such proposed Fuel Plan. In the event that the Department does not accept a proposed Fuel Plan, Seller may amend such proposed Fuel Plan within seven (7) Days of the Department’s notice of disapproval. If the Department does not accept Seller’s amendments to a proposed Fuel Plan, the Department shall provide Fuel to the Facility for the period covered by the applicable proposed Fuel Plan; in such event, the provisions of Section 6.02, Section 6.03 and Section 6.04 shall not apply and Seller shall be obligated to deliver Net Electrical Output called for in a Dispatch Notice only to the extent that the Department delivers the Fuel necessary to generate such Net Electrical Output. In the event that the Department has rejected a proposed Fuel Plan, has opted to procure Fuel for the Facility but fails to deliver the necessary Fuel to meet the level of Net Electrical Output called for in a Dispatch Notice, Seller shall be excused from performance with respect to that portion of Net Electrical Output called for in such Dispatch Notice for which the Department has failed to deliver Fuel, provided, however, Seller shall be completely excused from performance under such Dispatch Notice if the Department fails to deliver sufficient Fuel to the Facility to operate at least at Minimum Load. In the event the Department elects to provide Fuel to the Facility, Seller shall continue to provide Fuel and transportation services for any contract previously entered into by Seller as approved by the Department, the term of which extends into the calendar year for which the Department elects to provide Fuel to the Facility. Election by the Department to provide Fuel in any calendar year shall not excuse Seller from preparing a proposed Fuel Plan for subsequent calendar years. In such event, Seller shall create such new Fuel Plan based upon existing contracts for Fuel and transportation which have been entered into previously by Seller with the Department’s approval in accordance with a previously approved Fuel Plan, and contracts which the Department has entered into.