Generating Facility Modifications Clause Samples
The Generating Facility Modifications clause outlines the procedures and requirements for making changes or upgrades to a power generation facility after initial construction. It typically specifies the process for notifying relevant parties, obtaining necessary approvals, and ensuring that any modifications comply with technical and regulatory standards. For example, if the facility owner wants to increase capacity or update equipment, they must follow the steps detailed in this clause. The core function of this clause is to ensure that all modifications are managed in a controlled manner, minimizing operational disruptions and maintaining safety and compliance.
Generating Facility Modifications. Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Subject to Section 3.07(c), Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy output by five percent of Expected Term Year Energy Production; or The type of Primary Fuel consumed by the Generating Facility. Seller shall only materially modify the Generating Facility if: Such modification is necessary because of (1) an imminent or actual mechanical failure of the Generating Facility, or (2) a mechanical defect of the Generating Facility that affects 30% of comparable equipment, in each case that is not a result of Seller’s negligence or failure to maintain the Generating Facility in accordance with Prudent Electrical Practices; and Seller provides Notice to Buyer as soon as possible after (1) such actual mechanical failure of the Generating Facility, or (2) Seller determines in its reasonable discretion that a mechanical failure of the Generating Facility is imminent; and A qualified California-licensed professional engineer verifies that the equipment that will be used to modify the Generating Facility is not oversized relative to other equipment on the market; and Results in capacity added to the Generating Facility over the Term that is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW Greater than or equal to 20MW but less than 25MW 15MW Greater than or equal to 25MW but less than 50MW 20MW Greater than or equal to 50MW but less than 100MW 25MW Greater than or equal to 100 but less than 200MW 35MW Greater than or equal to 200 but less than 350MW 45MW Greater than or equal 350MW 50MW Or, Such modification is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification is not oversized relative to other equipment on the market. With respect to Section 3.07(c), Seller shall bear the cost of the professional engineer and Seller shall secure all studies...
Generating Facility Modifications. Seller shall provide at least 30 days advance Notice to Buyer before making any material modification to the Generating Facility, which Notice will include a description of any change in actual energy production of the Generating Facility and in the Site Host Load anticipated as a result of the modification. Notwithstanding the foregoing, Seller shall make no modification to the Generating Facility that would prevent Seller from complying with the terms of this Agreement.
Generating Facility Modifications. (a) Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit.
(b) Seller shall provide thirty (30) days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing:
(i) Energy output by five percent (5%) of Expected Term Year Energy Production; or,
(ii) The type of Primary Fuel consumed by the Generating Facility.
(c) Seller acknowledges that nothing in this Section 3.08 excuses Seller from any requirements of the CAISO’s interconnection process, or any other applicable interconnection process.
Generating Facility Modifications. Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Seller shall provide thirty (30) days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Energy output by five percent (5%) of Expected Term Year Energy Production; or, The type of Primary Fuel consumed by the Generating Facility. Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process, or any other applicable interconnection process. Metering.
Generating Facility Modifications. Seller is responsible for the design, procurement and construction of all modifications necessary for the Generating Facility to meet the requirements of this Agreement and to comply with any restriction set forth in any Permit. Seller shall provide 30 days advance Notice to Buyer if there is any modification (other than a routine fluctuation in output or consumption) of the Generating Facility, the Site Host Load or operations related to the Site Host Load changing: Electric energy output by five percent of Expected Term Year Energy Production; or The type of Primary Fuel consumed by the Generating Facility. Material modifications to the Generating Facility will result in the Generating Facility becoming a New Qualifying Facility; provided, however, that a Generating Facility that is modified or repowered will not be considered a New Qualifying Facility and modifications or repowering is permitted under this Agreement without further consideration, other than Notices required under Section 3.07(b), if: Capacity added as a result of such modification or repower (including the addition of a steam turbine) over the Term is within the applicable MW limits set forth in the following table (for a Generating Facility with multiple turbines, the limits below are limits per turbine): 10MW or Less 5MW Greater than 10MW but less than 20MW 10MW, subject to the 20MW Power Rating limitation, as set forth in Section 1.02. Or, Such modification or repower is reasonably necessary to respond to a Force Majeure or a change in law or regulation, and a qualified California-licensed professional engineer verifies that such modification or repower is not oversized relative to other equipment on the market. Seller shall bear the cost of such professional engineer and Seller shall secure all studies and upgrades necessitated by or associated with such modification or repower. Seller acknowledges that nothing in this Section 3.07 excuses Seller from any requirements of the CAISO’s interconnection process or any other applicable interconnection process. Seller is solely responsible for all GHG Compliance Costs and all other costs associated with the implementation and regulation of Greenhouse Gas emissions with respect to Seller or the Generating Facility to the extent that such GHG Compliance Costs or other costs result from Seller’s modification or repowering of the Generating Facility in accordance with this Section 3.07.
Generating Facility Modifications. (a) Seller shall be responsible for the design, procurement and construction of all changes and modifications that are required to the Generating Facility in order for the Generating Facility to meet the requirements established in this Agreement and to comply with the restrictions set forth in any operating permits.
(b) Seller shall provide SCE advance Notice, at the earliest practicable time but in no event less than thirty (30) days before the changes are to be made, of any proposed changes and the operational characteristics of any such changes to Seller’s Generating Facility.