Persistent Deviation for Generation Clause Samples

The Persistent Deviation for Generation clause defines the rules and consequences when a power generator consistently fails to meet its scheduled output over a specified period. Typically, this clause outlines thresholds for what constitutes a 'persistent deviation,' such as repeated under- or over-generation compared to agreed schedules, and may specify penalties, corrective actions, or even contract termination if the deviations continue. Its core function is to ensure reliability and predictability in power supply by holding generators accountable for sustained performance issues, thereby protecting the interests of the purchaser and maintaining grid stability.
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Persistent Deviation for Generation. Persistent Deviation for generation applies to (i) Dispatchable Energy Resources operating in the BPA Balancing Authority Area and (ii) Variable Energy Resources operating in the BPA Balancing Authority Area that are not subject to the Intentional Deviation Penalty Charge specified in GRSP II.I. The following penalty charges shall apply to each Persistent Deviation (GRSP III.42): No credit is given for negative deviations (actual generation greater than scheduled) for any hour(s) that the imbalance is a Persistent Deviation (as determined by BPA). For positive deviations (actual generation less than scheduled) that are determined by BPA to be Persistent Deviations, the charge is the greater of (i) 125 percent of BPA’s highest incremental cost that occurs during that day, or (ii) 100 ▇▇▇▇▇ per kilowatthour. If the energy index is negative in any hour(s) in which there is a negative deviation (actual generation greater than scheduled) that BPA determines to be a Persistent Deviation, the charge is the energy index for that hour. If BPA assesses a Persistent Deviation Penalty charge in any scheduled period for a positive deviation, BPA will not also assess a charge pursuant to section III.B.1. of this ACS-1614 Generation Imbalance Service rate schedule. Customers participating in committed scheduling to receive (i) BPA’s 30-minute signal for each 15-minute schedule period (30/15 committed scheduling), each 30-minute schedule period (30/30 committed scheduling), or each 60-minute schedule period (30/60 committed scheduling), or (ii) BPA’s 40-minute signal for each 15-minute schedule period (40/15 committed scheduling), and that submit schedules that are consistent with or result in less imbalance for the committed scheduled period are exempt from the Persistent Deviation penalty charge. For Vvariable Eenergy Rresources (wind and solar resources), BPA will remove specific scheduled periods for billing purposes from a pPersistent dDeviation event when the deviation is equal to or less than the deviation that would result from 30-minute persistence scheduling for those scheduled periods. New generation resources undergoing testing before commercial operation are exempt from the Persistent Deviation penalty charge for up to 90 days. BPA, at its sole discretion, may waive all or part of the Persistent Deviation penalty charge if (a) the customer took mitigating action(s) to avoid or limit the Persistent Deviation, including but not limited to changing its schedule ...
Persistent Deviation for Generation. Persistent Deviation for generation applies to (i) Dispatchable Energy Resources operating in the BPA Balancing Authority Area and