Common use of Scheduling Services Clause in Contracts

Scheduling Services. Upon the Customer Effective Date, Fulcrum shall provide the following services to support Texoga’s generation Facility: (i) Assist Texoga in making the economic decision to sell energy into the ERCOT Balancing Energy Market based upon information provided by Texoga and recent ERCOT Balancing Energy Clearing Prices. In accordance with strategic direction from Texoga, Fulcrum will submit schedules to ERCOT for each Settlement Interval based upon (i) the Forecast of energy to be produced from the Texoga generation Facility, (ii) the fuel and operating cost parameters set by Texoga. All energy produced by Texoga will be sold and scheduled into the ERCOT Balancing Energy Market, unless the Parties by mutual agreement determine that changes in the ERCOT market warrant undertaking sales in other ERCOT market categories. Any changes mutually agreed to will be codified in an amendment to this agreement and will detail the duties to be performed and the new compensation structure associated with the associated duties. (ii) Maintain a 24-hour-per-day, seven-day-per-week scheduling center with qualified personnel and shall be responsible for maintaining communication equipment between itself and ERCOT. To the extent that there is an impact to Texoga, Fulcrum shall use commercially reasonable efforts to notify Texoga of congestion alerts, scheduling discrepancies, and emergency conditions as soon as practicable after ERCOT notifies Fulcrum of the same. Any change in Texoga’s schedule in response to such notification shall be submitted to ERCOT if received by Fulcrum at least 15 minutes before the applicable ERCOT deadline. Fulcrum will use commercially reasonable efforts to communicate schedules or changes to ERCOT within the time periods set forth herein, but Fulcrum is not required to submit a schedule or change to ERCOT if ERCOT or Texoga does not inform Fulcrum sufficiently in advance for Fulcrum to submit the same before the applicable ERCOT deadline. (iii) Submit a Resource Plan to ERCOT on behalf of Texoga sufficient to accommodate the quantity of energy scheduled by Fulcrum from Texoga’s Resource. (iv) Submit Balancing Energy Service Down bid curves if required by ERCOT. The bid curves will include (1) a dollar per megawatt, (2) Quantity (MW), (3) Congestion Zone, and (4) Ramp Rate. (v) Administer the distribution of any funds/revenues received by Fulcrum’s QSE from ERCOT related to the sale of Balancing Energy from Texoga’s generating Facility to ERCOT. Fulcrum will also provide analysis of related ERCOT financial settlements and provide information and technical assistance in the filing of any disputes. (vi) Inform ERCOT of any event during which Texoga's generation Facility is incapable of meeting its obligations in accordance with the ERCOT Protocols, and to the extent commercially practical, provide assistance to Texoga in mitigating any damages in connection therewith.

Scheduling Services. Upon the Customer Effective Date, Fulcrum shall provide the following services to support Texoga’s generation Facility:: -9- (i) Assist Texoga in making the economic decision to sell energy into the ERCOT Balancing Energy Market based upon information provided by Texoga and recent ERCOT Balancing Energy Clearing Prices. In accordance with strategic direction from Texoga, Fulcrum will submit schedules to ERCOT for each Settlement Interval based upon (i) the Forecast of energy to be produced from the Texoga generation Facility, (ii) the fuel and operating cost parameters set by Texoga. All energy produced by Texoga will be sold and scheduled into the ERCOT Balancing Energy Market, unless the Parties by mutual agreement determine that changes in the ERCOT market warrant undertaking sales in other ERCOT market categories. Any changes mutually agreed to will be codified in an amendment to this agreement and will detail the duties to be performed and the new compensation structure associated with the associated duties. (ii) Maintain a 24-hour-per-day, seven-day-per-week scheduling center with qualified personnel and shall be responsible for maintaining communication equipment between itself and ERCOT. To the extent that there is an impact to Texoga, Fulcrum shall use commercially reasonable efforts to notify Texoga of congestion alerts, scheduling discrepancies, and emergency conditions as soon as practicable after ERCOT notifies Fulcrum of the same. Any change in Texoga’s schedule in response to such notification shall be submitted to ERCOT if received by Fulcrum at least 15 minutes before the applicable ERCOT deadline. Fulcrum will use commercially reasonable efforts to communicate schedules or changes to ERCOT within the time periods set forth herein, but Fulcrum is not required to submit a schedule or change to ERCOT if ERCOT or Texoga does not inform Fulcrum sufficiently in advance for Fulcrum to submit the same before the applicable ERCOT deadline. (iii) Submit a Resource Plan to ERCOT on behalf of Texoga sufficient to accommodate the quantity of energy scheduled by Fulcrum from Texoga’s Resource. (iv) Submit Balancing Energy Service Down bid curves if required by ERCOT. The bid curves will include (1) a dollar per megawatt, (2) Quantity (MW), (3) Congestion Zone, and (4) Ramp Rate. (v) Administer the distribution of any funds/revenues received by Fulcrum’s QSE from ERCOT related to the sale of Balancing Energy from Texoga’s generating Facility to ERCOT. Fulcrum will also provide analysis of related ERCOT financial settlements and provide information and technical assistance in the filing of any disputes. (vi) Inform ERCOT of any event during which Texoga's generation Facility is incapable of meeting its obligations in accordance with the ERCOT Protocols, and to the extent commercially practical, provide assistance to Texoga in mitigating any damages in connection therewith.. -10-