Common use of Operation and Record Keeping Clause in Contracts

Operation and Record Keeping. Seller shall: Operate the Generating Facility in accordance with Prudent Electrical Practices; Comply with the Forecasting requirements, as set forth in Exhibit I; Use reasonable efforts to Operate the Generating Facility so that the Power Product conforms with the Forecast provided in accordance with Exhibit I; Pay all CAISO Charges, as set forth in Exhibit J; Pay all SDD Adjustments for which Seller is responsible, as set forth in Exhibit K; Comply with the Maintenance Outage scheduling procedures, as set forth in Exhibit E; Comply with the Outage Schedule Submittal Requirements, as set forth in Exhibit R; Use reasonable efforts to deliver the maximum possible quantity of As-Available Contract Capacity and associated electric energy during an Emergency Condition or a System Emergency; Use reasonable efforts to reschedule any outage that occurs during an Emergency Condition or a System Emergency; Keep a daily Operating log for the Generating Facility that includes information on availability, outages, circuit breaker trip operations requiring a manual reset, and any significant events related to the Operation of the Generating Facility, including: Real and reactive power production; Changes in Operating status; Protective apparatus operations; and Any unusual conditions found during inspections; Keep all Operating records required of a CHP Facility by any applicable CPUC order as well as any additional information that may be required of a CHP Facility in order to demonstrate compliance with all applicable California utility industry standards which have been adopted by the CPUC; Provide copies of all daily Operating logs and Operating records to Buyer within 20 days of a Notice from Buyer; Provide, upon Xxxxx’s request, all reports of actual or forecasted outages that Buyer may reasonably require for the purpose of enabling Buyer to comply with Section 761.3 of the California Public Utilities Code or any Applicable Law mandating the reporting by investor-owned utilities of expected or experienced outages by facilities under contract to supply electric energy; Pay all Scheduling Fees, as set forth in Exhibit G; [Intentionally omitted] Register with the NERC as the Generating Facility’s Generator Owner and Generator Operator if Seller is required to register by the NERC; Maintain documentation of all procedures applicable to the testing and maintenance of the Generating Facility protective devices as necessary to comply with the NERC Reliability Standards applicable to protection systems for electric generators if Seller is required to maintain such documentation by the NERC; If Buyer is Scheduling Coordinator, then at least 30 days before the Term End Date, or in accordance with Section 7(a) of Exhibit G, or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace Buyer, and (ii) cause the Scheduling Coordinator that will replace Buyer to submit a letter to the CAISO accepting the designation as Seller’s Scheduling Coordinator; and If Buyer is not Scheduling Coordinator: Cause its Scheduling Coordinator to submit a Self-Schedule of Seller’s Day-Ahead Forecast associated with the Generating Facility through the IFM; Seller shall then submit the quantity associated with the Self-Schedule of Seller’s Day-Ahead Forecast as a Physical Trade to Buyer in the IFM, specifying the generating resource identifier and all other CAISO-required Inter-SC Trade attributes; Cause its Scheduling Coordinator to submit the IFM Day-Ahead Schedule quantity associated with the Generating Facility as an Inter-SC Trade of IFM Load Uplift Obligation to Buyer to be cleared through the Real-Time Market, specifying all CAISO-required Inter-SC Trade attributes; and Make available to Buyer all CAISO settlement data with respect to the Generating Facility required to validate payments made under this Agreement. Power Product Curtailments at Transmission Provider’s, CAISO’s or Buyer’s Request. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the CAISO, which may be communicated by Buyer if Buyer is the Scheduling Coordinator. Such notice or instruction shall only be provided when the CAISO orders curtailment and the Scheduling Coordinator implements such curtailment in compliance with the CAISO Tariff or applicable orders to avoid or address a declared System Emergency. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the Transmission Provider, which may be communicated by Buyer if Buyer is the Scheduling Coordinator. Such notice or instruction shall only be provided when curtailment of the Power Product is required to comply with: A CAISO curtailment declared pursuant to Section 3.15(a) or Transmission Provider declared Emergency Condition, subject to the interconnection agreement between Seller and the Transmission Provider; or Transmission Provider’s maintenance requirements, subject to the interconnection agreement between Seller and the Transmission Provider. Notwithstanding the above, except as may be required in order to respond to any Emergency Condition or System Emergency, Buyer shall, consistent with FERC Order 888 and the interconnection agreement between Seller and the Transmission Provider and with the applicable provisions of the CAISO Tariff: Use reasonable good faith efforts to coordinate Transmission Provider’s curtailment needs with Seller to the extent it can influence such needs; or Request the Transmission Provider and CAISO limit the curtailment duration. If Seller has entered into a QF PGA or PGA with the CAISO, or an interconnection agreement, the terms of the applicable QF PGA or PGA and the applicable interconnection agreement with respect to CAISO or Transmission Provider curtailments, shall govern the rights and obligations of Buyer and Seller to the extent any provision of Sections 3.15(a) through (d) are inconsistent with such applicable QF PGA or PGA, and interconnection agreement. In the event Seller interconnects with a Person other than the CAISO, Seller shall adhere to any reliability curtailment order by such Person pursuant to the applicable tariff provisions of such Person. If Section 1.09 provides that Buyer has the right to request that Seller curtail the Generating Facility’s production of the Power Product, Buyer may instruct Seller to curtail the Generating Facility’s production of the Power Product in accordance with Exhibit U. Report of Lost Output. To the extent the conditions set forth in Sections 3.16(a) through (e) occur, Seller shall prepare and provide to Buyer, by the fifth Business Day following the end of each month during the Term, a lost output report. The lost output report shall identify the date, time, duration, cause and amount by which the Metered Energy was reduced below the Seller’s Energy Forecast due to: Maintenance Outages; Major Overhauls; CAISO or Transmission Provider-ordered curtailments; Force Majeure; or Forced Outages.

Appears in 7 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

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Operation and Record Keeping. Seller shall: Operate the Generating Facility in accordance with Prudent Electrical Practices; Comply with the Forecasting requirements, as set forth in Exhibit I; Use reasonable efforts to Operate the Generating Facility so that the Power Product conforms with the Forecast provided in accordance with Exhibit I; Pay all CAISO Charges, as set forth in Exhibit J; Pay all SDD Adjustments for which Seller is responsible, as set forth in Exhibit K; Comply with the Maintenance Outage scheduling procedures, as set forth in Exhibit E; [Intentionally omitted] Comply with the Outage Schedule Submittal Requirements, as set forth in Exhibit R; Use reasonable efforts to deliver the maximum possible quantity of As-Available Contract Capacity and associated electric energy during an Emergency Condition or a System Emergency; Use reasonable efforts to reschedule any outage that occurs during an Emergency Condition or a System Emergency; Keep a daily Operating log for the Generating Facility that includes information on availability, outages, circuit breaker trip operations requiring a manual reset, and any significant events related to the Operation of the Generating Facility, including: Real and reactive power production; Changes in Operating status; Protective apparatus operations; and Any unusual conditions found during inspections; Keep all Operating records required of a CHP Facility by any applicable CPUC order as well as any additional information that may be required of a CHP Facility in order to demonstrate compliance with all applicable California utility industry standards which have been adopted by the CPUC; Provide copies of all daily Operating logs and Operating records to Buyer within 20 days of a Notice from Buyer; Provide, upon Xxxxx’s request, all reports of actual or forecasted outages that Buyer may reasonably require for the purpose of enabling Buyer to comply with Section 761.3 of the California Public Utilities Code or any Applicable Law mandating the reporting by investor-owned utilities of expected or experienced outages by facilities under contract to supply electric energy; Pay all Scheduling Fees, as set forth in Exhibit G; [Intentionally omitted] Register with the NERC as the Generating Facility’s Generator Owner and Generator Operator if Seller is required to register by the NERC; Maintain documentation of all procedures applicable to the testing and maintenance of the Generating Facility protective devices as necessary to comply with the NERC Reliability Standards applicable to protection systems for electric generators if Seller is required to maintain such documentation by the NERC; If Buyer is Scheduling Coordinator, then at least 30 days before the Term End Date, or in accordance with Section 7(a) of Exhibit G, or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace Buyer, and (ii) cause the Scheduling Coordinator that will replace Buyer to submit a letter to the CAISO accepting the designation as Seller’s Scheduling Coordinator; and If Buyer is not Scheduling Coordinator: Cause its Scheduling Coordinator to submit a Self-Schedule of Seller’s Day-Ahead Forecast associated with the Generating Facility through the IFM; Seller shall then submit the quantity associated with the Self-Schedule of Seller’s Day-Ahead Forecast as a Physical Trade to Buyer in the IFM, specifying the generating resource identifier and all other CAISO-required Inter-SC Trade attributes; Cause its Scheduling Coordinator to submit the IFM Day-Ahead Schedule quantity associated with the Generating Facility as an Inter-SC Trade of IFM Load Uplift Obligation to Buyer to be cleared through the Real-Time Market, specifying all CAISO-required Inter-SC Trade attributes; and Make available to Buyer all CAISO settlement data with respect to the Generating Facility required to validate payments made under this Agreement. Power Product Curtailments at Transmission Provider’s, CAISO’s or Buyer’s Request. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the CAISO, which may be communicated by Buyer if Buyer is the Scheduling Coordinator. Such notice or instruction shall only be provided when the CAISO orders curtailment and the Scheduling Coordinator implements such curtailment in compliance with the CAISO Tariff or applicable orders to avoid or address a declared System Emergency. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the Transmission Provider, which may be communicated by Buyer if Buyer is the Scheduling Coordinator. Such notice or instruction shall only be provided when curtailment of the Power Product is required to comply with: A CAISO curtailment declared pursuant to Section 3.15(a) or Transmission Provider declared Emergency Condition, subject to the interconnection agreement between Seller and the Transmission Provider; or Transmission Provider’s maintenance requirements, subject to the interconnection agreement between Seller and the Transmission Provider. Notwithstanding the above, except as may be required in order to respond to any Emergency Condition or System Emergency, Buyer shall, consistent with FERC Order 888 and the interconnection agreement between Seller and the Transmission Provider and with the applicable provisions of the CAISO Tariff: Use reasonable good faith efforts to coordinate Transmission Provider’s curtailment needs with Seller to the extent it can influence such needs; or Request the Transmission Provider and CAISO limit the curtailment duration. If Seller has entered into a QF PGA or PGA with the CAISO, or an interconnection agreement, the terms of the applicable QF PGA or PGA and the applicable interconnection agreement with respect to CAISO or Transmission Provider curtailments, shall govern the rights and obligations of Buyer and Seller to the extent any provision of Sections 3.15(a) through (d) are inconsistent with such applicable QF PGA or PGA, and interconnection agreement. In the event Seller interconnects with a Person other than the CAISO, Seller shall adhere to any reliability curtailment order by such Person pursuant to the applicable tariff provisions of such Person. If Section 1.09 provides that Buyer has the right to request that Seller curtail the Generating Facility’s production of the Power Product, Buyer may instruct Seller to curtail the Generating Facility’s production of the Power Product in accordance with Exhibit U. Report of Lost Output. To the extent the conditions set forth in Sections 3.16(a) through (e) occur, Seller shall prepare and provide to Buyer, by the fifth Business Day following the end of each month during the Term, a lost output report. The lost output report shall identify the date, time, duration, cause and amount by which the Metered Energy was reduced below the Seller’s Energy Forecast due to: Maintenance Outages; Major Overhauls; CAISO or Transmission Provider-ordered curtailments; Force Majeure; or Forced Outages.

Appears in 2 contracts

Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Operation and Record Keeping. Seller shall: Operate the Generating Facility in accordance with Prudent Electrical Practices; Comply with the Forecasting requirements, as set forth in Exhibit I; Use reasonable efforts to Operate the Generating Facility so that the Power Product conforms with the Forecast provided in accordance with Exhibit I; Pay all CAISO ChargesCharges and other charges, in each case as set forth in Exhibit J; Pay all SDD Adjustments for which Seller is responsible, as set forth in Exhibit K; Comply with the Maintenance Outage scheduling procedures, as set forth in Exhibit E; Comply with the Outage Schedule Submittal Requirements, as set forth in Exhibit R; Use reasonable efforts to deliver the maximum possible quantity of As-Available Contract Capacity and associated electric energy during an Emergency Condition or a System Emergency; Use reasonable efforts to reschedule any outage that occurs during an Emergency Condition or a System Emergency; Keep a daily Operating log for the Generating Facility that includes information on availability, outages, circuit breaker trip operations requiring a manual reset, and any significant events related to the Operation of the Generating Facility, including: Real and reactive power production; Changes in Operating status; Protective apparatus operations; and Any unusual conditions found during inspections; Keep all Operating records required of a CHP Qualifying Facility by any applicable CPUC order as well as any additional information that may be required of a CHP Qualifying Facility in order to demonstrate compliance with all applicable California utility industry standards which have been adopted by the CPUC; Provide copies of all daily Operating logs and Operating records to Buyer within 20 twenty (20) days of a Notice from Buyer; Provide, upon Xxxxx’s request, all reports of actual or forecasted outages that Buyer may reasonably require for the purpose of enabling Buyer to comply with Section 761.3 of the California Public Utilities Code or any Applicable Law mandating the reporting by investor-owned utilities of expected or experienced outages by facilities under contract to supply electric energy; Pay all Scheduling Fees, as set forth in Exhibit G; [Intentionally omitted] Not participate in the CAISO Station Power Protocol described in Appendix I of the CAISO Tariff; Register with the NERC as the Generating Facility’s Generator Owner and Generator Operator if Seller is required to register by the NERCNERC or pursuant to Applicable Law; Maintain documentation of all procedures applicable to the testing and maintenance of the Generating Facility protective devices as necessary to comply with the NERC Reliability Standards applicable to protection systems for electric generators if Seller Generator Owner or Generator Operator is required to maintain such documentation by under the NERCNERC Reliability Standards; If Buyer is Scheduling Coordinator, then at At least 30 thirty (30) days before the later of the Term End DateDate and the end of the Curtailed Return Term, or in accordance with Section 7(a8(a) of Exhibit G, or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace Buyer, and (ii) cause the Scheduling Coordinator that will replace Buyer to submit a letter to the CAISO accepting the designation as Seller’s Scheduling Coordinator; and If Buyer is not Scheduling Coordinator: Cause its Scheduling Coordinator to submit a Self-Schedule As of Seller’s Day-Ahead Forecast associated with the Generating Facility through Effective Date and throughout the IFM; Term, Seller shall then submit the quantity associated with the Self-Schedule of Seller’s Day-Ahead Forecast provide such information as a Physical Trade to Buyer in the IFM, specifying the generating resource identifier and all other CAISO-required Inter-SC Trade attributes; Cause its Scheduling Coordinator to submit the IFM Day-Ahead Schedule quantity associated with the Generating Facility as an Inter-SC Trade of IFM Load Uplift Obligation to deems necessary for Buyer to be cleared through comply with those greenhouse gas emissions reporting requirements adopted by the Real-Time MarketCARB, specifying all CAISO-or as otherwise required Inter-SC Trade attributes; and Make available to Buyer all CAISO settlement data with respect to the Generating Facility required to validate payments made under this Agreementby Applicable Laws. Power Product Curtailments at Buyer’s, Transmission Provider’s, CAISO’s or BuyerXXXXX’s Request. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the CAISO, Transmission Provider or the CAISO (which may be communicated by Buyer if Buyer is the as Scheduling Coordinator. Such ), which notice or instruction shall only be provided when the CAISO orders curtailment and the Scheduling Coordinator implements such curtailment in compliance with the CAISO Tariff or applicable orders to avoid or address a declared System Emergency. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the Transmission Provider, which may be communicated by Buyer if Buyer is the Scheduling Coordinator. Such notice or instruction shall only be provided when it reasonably believes that curtailment of the Power Product is required to comply with: A CAISO curtailment declared pursuant to Section 3.15(awith (i) or Transmission Provider declared Emergency Condition, subject to the interconnection agreement between Seller and the Transmission Provider; or Transmission Provider’s maintenance requirementsrequirements and operating orders, subject to the interconnection agreement between Seller and the Transmission Provider(ii) a CAISO Declared Over-Generation Condition, or (iii) an Emergency. Notwithstanding the aboveSection 3.15(a), except as may be required in order to respond to any Emergency Condition or System Emergency, Buyer shall, consistent with FERC Order 888 and the interconnection agreement between Seller and the Transmission Provider and with the applicable provisions of the CAISO Tariff: Use shall (i) use reasonable good faith efforts to coordinate the Transmission Provider’s curtailment needs with Seller to the extent it Buyer can influence such needs; , or Request (ii) request that the Transmission Provider and the CAISO limit the curtailment duration. If Seller has entered into a QF PGA or PGA with the CAISO, or Buyer may issue an interconnection agreement, the terms of the applicable QF PGA or PGA and the applicable interconnection agreement with respect order to CAISO or Transmission Provider curtailments, shall govern the rights and obligations of Buyer and Seller to the extent any provision of Sections 3.15(a) through (d) are inconsistent with such applicable QF PGA reduce or PGA, and interconnection agreement. In the event Seller interconnects with a Person other than the CAISO, Seller shall adhere to any reliability curtailment order by such Person pursuant to the applicable tariff provisions of such Person. If Section 1.09 provides that Buyer has the right to request that Seller curtail the Generating Facility’s production of the Power Product, Buyer may instruct Seller to curtail stop the Generating Facility’s production of the Power Product in accordance with Exhibit U. Report of Lost Output. To the extent the conditions for any reason except as set forth in Sections 3.16(a3.15(a) through and (eb) occur, Seller shall prepare and provide to Buyer, by the fifth Business Day following the end of each month during the Term, a lost output report. The lost output report shall identify the date, time, duration, cause and amount by which the Metered Energy was reduced below the Seller’s Energy Forecast due to: Maintenance Outages; Major Overhauls; CAISO or Transmission Provider-ordered curtailments; Force Majeure; or Forced Outages(“Curtailment Order”).

Appears in 1 contract

Samples: Power Purchase and Sale Agreement

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Operation and Record Keeping. Seller shall: shall Operate the Generating Facility in accordance with Prudent Electrical Practices; Comply . Seller shall comply with Operating orders in compliance with the Forecasting requirements, as set forth in Exhibit ICAISO Tariff. On or prior to Initial Synchronization: Seller shall obtain CEC Pre‑Certification; Use reasonable efforts Seller shall take all steps necessary to Operate ensure that Anaheim becomes authorized by the CAISO to Schedule the electric energy produced by the Generating Facility so that the Power Product conforms with the Forecast provided in accordance with Exhibit ICAISO; Pay all CAISO Charges, Anaheim shall have been authorized to act as set forth in Exhibit J; Pay all SDD Adjustments for which Seller is responsible, as set forth in Exhibit K; Comply with the Maintenance Outage scheduling procedures, as set forth in Exhibit E; Comply with the Outage Schedule Submittal Requirements, as set forth in Exhibit R; Use reasonable efforts to deliver the maximum possible quantity of As-Available Contract Capacity and associated electric energy during an Emergency Condition or a System Emergency; Use reasonable efforts to reschedule any outage that occurs during an Emergency Condition or a System Emergency; Keep a daily Operating log Scheduling Coordinator for the Generating Facility by the CAISO; Seller shall demonstrate to Anaheim’s reasonable satisfaction that includes information on availabilitySeller has executed all necessary Transmission Provider and CAISO agreements; Seller shall provide to Anaheim the DLF and TLF, outagesas applicable, circuit breaker trip operations requiring a manual reset, and any significant events related to used by the Operation Transmission Provider in the administration of the transmission service agreement for the Generating Facility, including: Real and reactive power production; Changes Seller shall be Forecasting to Anaheim in Operating statusaccordance with EXHIBIT D; Protective apparatus operationsSeller shall commence delivering electric energy to Anaheim at the Delivery Point; and Any unusual conditions found during inspections; Keep all Operating records required of a CHP Facility by any applicable CPUC order as well as any additional information that may be required of a CHP Facility in order to demonstrate compliance with all applicable California utility industry standards which Seller shall have been adopted by the CPUC; Provide copies of all daily Operating logs and Operating records to Buyer within 20 days of a Notice from Buyer; Provide, upon Xxxxx’s request, all reports of actual or forecasted outages that Buyer may reasonably require for the purpose of enabling Buyer to comply with Section 761.3 of the California Public Utilities Code or any Applicable Law mandating the reporting by investor-owned utilities of expected or experienced outages by facilities under contract to supply electric energy; Pay all Scheduling Fees, as set forth in Exhibit G; [Intentionally omitted] Register registered with the NERC as the Generating Facility’s Generator Owner and Generator Operator if Seller is required to register by the NERC; Maintain documentation of all procedures applicable be a registered entity pursuant to the testing and maintenance of the Generating Facility protective devices as necessary to comply with the NERC Reliability Standards applicable to protection systems for electric generators if Seller is required to maintain such documentation by the NERC; If Buyer is Scheduling Coordinator, then at least 30 days before the Term End Date, or in accordance with Section 7(a) of Exhibit G, or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace Buyer, and (ii) cause the Scheduling Coordinator that will replace Buyer to submit a letter to the CAISO accepting the designation as Seller’s Scheduling Coordinator; and If Buyer is not Scheduling Coordinator: Cause its Scheduling Coordinator to submit a Self-Schedule of Seller’s Day-Ahead Forecast associated with the Generating Facility through the IFMStandards; Seller shall then submit the quantity associated demonstrate to Anaheim’s reasonable satisfaction that Seller has complied with the Self-Schedule of Seller’s Day-Ahead Forecast as a Physical Trade to Buyer in the IFM, specifying the generating resource identifier and all other CAISO-required Inter-SC Trade attributes; Cause its Scheduling Coordinator to submit the IFM Day-Ahead Schedule quantity associated with the Generating Facility as an Inter-SC Trade of IFM Load Uplift Obligation to Buyer to be cleared through the Real-Time Market, specifying all CAISO-required Inter-SC Trade attributes; and Make available to Buyer all CAISO settlement data obligations with respect to the Generating Facility CAISO Approved Meter as set forth in Section Five.8(a); Seller shall have furnished to Anaheim all insurance documents required under Section Twelve.11; Seller shall provide written notification to validate payments Buyer. Information maintained pursuant to this Section Five.12 shall be kept by Seller throughout the Delivery Term and shall be provided or made under this Agreement. Power Product Curtailments at Transmission Provider’s, CAISO’s or Buyer’s Requestavailable to Anaheim within twenty (20) days after any Notice. Seller shall promptly curtail be fully responsible to Buyer for all acts and omissions of any subcontractor. All duties, responsibilities, and obligations of Seller under this Agreement shall remain with Seller irrespective of whether Seller utilizes a subcontractor(s). Nothing in this Agreement shall create any contractual relationship between Buyer and subcontractor nor shall it create any obligation on the production part of Buyer to pay or to see to the Power Product upon receipt payment of a notice or instruction from the CAISO, which may be communicated any monies due to any such subcontractor other than as otherwise required by Buyer if Buyer is the Scheduling Coordinatorlaw. Such notice or instruction shall only be provided when the CAISO orders curtailment and the Obtaining Scheduling Coordinator implements such curtailment in compliance with the CAISO Tariff or applicable orders to avoid or address a declared System EmergencyServices. Seller shall promptly curtail the production of the Power Product upon receipt of a notice or instruction from the Transmission Providercomply with all applicable CAISO Tariff procedures, which may be communicated by Buyer if Buyer is the Scheduling Coordinator. Such notice or instruction shall only be provided when curtailment of the Power Product is required to comply with: A CAISO curtailment declared pursuant to Section 3.15(a) or Transmission Provider declared Emergency Conditionprotocol, subject to the interconnection agreement between Seller and the Transmission Provider; or Transmission Provider’s maintenance requirements, subject to the interconnection agreement between Seller and the Transmission Provider. Notwithstanding the above, except as may be required in order to respond to any Emergency Condition or System Emergency, Buyer shall, consistent with FERC Order 888 and the interconnection agreement between Seller and the Transmission Provider and with the applicable provisions of the CAISO Tariff: Use reasonable good faith efforts to coordinate Transmission Provider’s curtailment needs with Seller to the extent it can influence such needs; or Request the Transmission Provider and CAISO limit the curtailment duration. If Seller has entered into a QF PGA or PGA with the CAISO, or an interconnection agreement, the terms of the applicable QF PGA or PGA and the applicable interconnection agreement with respect to CAISO or Transmission Provider curtailments, shall govern the rights and obligations of Buyer and Seller to the extent any provision of Sections 3.15(a) through (d) are inconsistent with such applicable QF PGA or PGArules, and interconnection agreement. In testing as necessary for Anaheim to submit Schedules and Bids for the event Seller interconnects with a Person other than the CAISO, Seller shall adhere to any reliability curtailment order electric energy produced by such Person pursuant to the applicable tariff provisions of such Person. If Section 1.09 provides that Buyer has the right to request that Seller curtail the Generating Facility’s production of the Power Product, Buyer may instruct Seller to curtail the Generating Facility’s production of the Power Product in accordance with Exhibit U. Report of Lost Output. To the extent the conditions set forth in Sections 3.16(a) through (e) occur, Seller shall prepare and provide to Buyer, by the fifth Business Day following the end of each month during the Term, a lost output report. The lost output report shall identify the date, time, duration, cause and amount by which the Metered Energy was reduced below the Seller’s Energy Forecast due to: Maintenance Outages; Major Overhauls; CAISO or Transmission Provider-ordered curtailments; Force Majeure; or Forced Outages.

Appears in 1 contract

Samples: Renewable Power Purchase and Sale Agreement

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