Common use of Fuel Usage Clause in Contracts

Fuel Usage. In the event that the Buyer anticipates that the Units will be dispatched in such a way as to consume less than the Required Minimum Coal Consumption (as set out in Article E6 of Schedule E) for a period of two (2) or more consecutive Years it will promptly notify the Owner and will provide the Owner with its reasonable estimate of the range of Unit dispatch over such period. The Owner, as soon as it is reasonably able, shall then propose a revised schedule of fixed and variable fuel charges reflecting the revised costs of mining at the lower level for the period, as soon as it is reasonably able. The proposal shall be supported by reports from one or more independent consultants generally accepted as skilled in the area of coal mining costs and economic analysis. The expense of such reports shall be shared equally by the Buyer and the Owner. Once the Buyer has agreed to the Owner’s proposal (such agreement not to be unreasonably withheld), Schedules C and E shall be revised to reflect the new terms.

Appears in 2 contracts

Sources: Power Purchase Arrangement, Power Purchase Arrangement (Millar Western Forest Products LTD)