Common use of Testing of Metering Equipment Clause in Contracts

Testing of Metering Equipment. Seller and Buyer agree, and Seller shall use reasonable efforts to cause the Transmission Owner to agree in writing to the following: the Metering Party shall inspect and test its Billing Meters upon installation and at least once every two (2) years thereafter. If requested to do so by a Party, the Metering Party shall, at the requesting Party's expense, inspect and test Billing Meters more frequently than once every two (2) years. The Metering Party shall give reasonable notice to the other Party of the time when any inspection or test shall take place, and the other Party may have representatives present at the test or inspection. In addition, Seller shall have the right to inspect Buyer's Billing Meters from time to time at its discretion. If at any time a Billing Meter is found to be inaccurate or defective, it shall be adjusted, repaired or replaced at Seller's expense, in order to provide accurate metering, unless the inaccuracy or defect is due to the Metering Party's failure to maintain, then the Metering Party shall pay. If a Billing Meter fails to register, or if the measurement made by a Billing Meter during a test varies by more than one-half of one percent (0.5%) from the measurement made by the standard meter used in the test, the Metering Party shall adjust the measurements by correcting all measurements for the period during which the Billing Meter was in error by using Seller's check meters, if installed and if, when tested, varied less than the Billing Meter. If no such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period cannot be reasonably ascertained, the adjustment shall be for the period immediately preceding the test of the Billing Meter equal to one-half the time from the date of the previous test of the Billing Meter.

Appears in 2 contracts

Samples: Power Purchase Agreement (CMS Energy Corp), Power Purchase Agreement (CMS Energy Corp)

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Testing of Metering Equipment. Seller and Buyer agree, and Seller All Meters shall use reasonable efforts be deemed to cause the Transmission Owner be accurate except as provided in Clauses 7.13 to agree in writing to the following: the Metering Party shall inspect and test its Billing Meters upon installation and at least once every two (2) years thereafter7.16. If requested a Party reasonably believes that a Meter is registering inaccurately, that Party may require the Meter to do so be tested by a Party, the Metering Party shall, at the requesting Party's expense, inspect and test Billing Meters more frequently Meter Operator responsible for such Meter by giving not less than once every two fourteen (214) years. The Metering Party shall give reasonable Days’ written notice to the other Party. As soon as reasonably practicable following the issue of a notice under Clause 7.12, the Responsible Party shall procure that the Meter Operator, or an alternative party that the Parties agree is appropriate to carry out the tests, tests the accuracy of the time when any inspection or test shall take place, relevant Meter in accordance with the Act and all applicable Industry Documents to determine whether the Meter is registering inaccurately beyond the limits permitted by the Act and the other Party may have representatives present at Industry Documents and, if so, the test likely period of such inaccuracy. The results of the Meter Operator's tests shall be final and binding, except in the case of fraud or inspection. In addition, Seller shall have the right to inspect Buyer's Billing Meters from time to time at its discretionmanifest error. If at any time a Billing the Meter is found to be inaccurate or defectiveregistering inaccurately beyond the limits permitted under the Act and applicable Industry Documents, it the costs of inspection shall be adjustedpaid by the Responsible Party. If the Meter is found to be registering inaccurately beyond the limits permitted under the Act and applicable Industry Documents, repaired or replaced at Seller's expense, in order to provide accurate metering, unless and as a result there is a difference between: the inaccuracy or defect is due amount that would have been payable by the Customer to the Metering Party's failure Supplier for electricity consumed at such Meter had it been registering accurately; and the amount actually invoiced to maintainand paid by the Customer for electricity consumed at such Meter, then the Metering Party amounts underpaid or overpaid by the Customer shall paybe paid or refunded between the Parties as the case may be. If a Billing Meter fails is found to register, or if the measurement made by a Billing Meter during a test varies by more than one-half of one percent (0.5%) from the measurement made by the standard meter used in the testbe registering accurately following an inspection, the Metering Party who gave notice under Clause 7.12 shall adjust the measurements by correcting all measurements be liable for the period during which the Billing Meter was in error by using Seller's check meters, if installed and if, when tested, varied less than the Billing Meter. If no costs of such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period cannot be reasonably ascertained, the adjustment shall be for the period immediately preceding the test of the Billing Meter equal to one-half the time from the date of the previous test of the Billing Meterinspection.

Appears in 1 contract

Samples: Framework Agreement

Testing of Metering Equipment. Seller and Buyer agree, and Seller shall use reasonable efforts to cause the Transmission Owner to agree in writing to the following: the Metering Party shall inspect and test its Billing Meters upon installation and at least once every two (2) years thereafter. If requested to do so by a Party, the Metering Party shall, at the requesting Party's expense, inspect and test Billing Meters more frequently than once every two (2) years. The Metering Party shall give reasonable notice to the other Party of the time when any inspection or test shall take place, and the other Party may have representatives present at the test or inspection. In addition, Seller shall have the right to inspect Buyer's ’s Billing Meters from time to time at its discretion. If at any time a Billing Meter is found to be inaccurate or defective, it shall be adjusted, repaired or replaced at Seller's expense, in order to provide accurate metering, unless the inaccuracy or defect is due to the Metering Party's failure to maintain, then the Metering Party shall pay. If a Billing Meter fails to register, or if the measurement made by a Billing Meter during a test varies by more than one-half of one percent (0.5%) from the measurement made by the standard meter used in the test, the Metering Party shall adjust the measurements by correcting all measurements for the period during which the Billing Meter was in error by using Seller's check meters, if installed and if, when tested, varied less than the Billing Meter. If no such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period cannot be reasonably ascertained, the adjustment shall be for the period immediately preceding the test of the Billing Meter equal to one-half the time from the date of the previous test of the Billing Meter.

Appears in 1 contract

Samples: Power Purchase Agreement

Testing of Metering Equipment. Seller and Buyer agreeThe Interconnected Entity that, and Seller shall use reasonable efforts pursuant to cause the Transmission Owner to agree in writing to the following: Section 588.1 of this Appendix 2, owns the Metering Party Equipment shall operate, maintain, inspect and test its Billing Meters all Metering Equipment upon installation and at least once every two (2) years thereafter. If requested to do so Upon reasonable request by a Partythe other Interconnected Entity, the owner of the Metering Party shall, at Equipment shall inspect or test the requesting Party's expense, inspect and test Billing Meters Metering Equipment more frequently than once every two (2) years, but in no event more frequently than three times in any 24-month period. The owner of the Metering Party Equipment shall give reasonable notice to the other Party Interconnection Parties of the time when any inspection or test of the owner’s Metering Equipment shall take place, and the other Party parties may have representatives present at the test or inspection. In addition, Seller shall have the right to inspect Buyer's Billing Meters from time to time at its discretion. If at any time a Billing Meter Metering Equipment is found to be inaccurate or defective, it shall be adjusted, repaired or replaced at Seller's expense, in order to provide accurate metering. Where the Interconnected Transmission Owner owns the Metering Equipment, unless the expense of such adjustment, repair or replacement shall be borne by the Interconnection Customer, except that the Interconnection Customer shall not be responsible for such expenses where the inaccuracy or defect is due to caused by the Metering Party's failure to maintain, then the Metering Party shall payInterconnected Transmission Owner. If a Billing Meter Metering Equipment fails to register, or if the measurement made by a Billing Meter Metering Equipment during a test varies by more than one-half of one percent (0.5%) from the measurement made by the standard meter used in the test, the owner of the Metering Party Equipment shall adjust inform Transmission Provider, and the measurements by correcting Transmission Provider shall inform the other Interconnected Entity, of the need to correct all measurements made by the inaccurate meter for the period during which the Billing Meter was in error by using Seller's check metersinaccurate measurements were made, if installed and if, when tested, varied less than the Billing Meter. If no such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period can be determined. If the period of inaccurate measurement cannot be reasonably ascertaineddetermined, the adjustment correction shall be for the period immediately preceding the test of the Billing Meter Metering Equipment that is equal to one-half of the time from the date of the last previous test of the Billing MeterMetering Equipment, provided that the period subject to correction shall not exceed nine (9) months.

Appears in 1 contract

Samples: Service Agreement

Testing of Metering Equipment. Seller and Buyer agreeThe Interconnected Entity that, pursuant to section 8.1 of this Appendix 2, owns the Metering Equipment shall operate, maintain, inspect, and Seller shall use reasonable efforts to cause the Transmission Owner to agree in writing to the following: the test all Metering Party shall inspect and test its Billing Meters Equipment upon installation and at least once every two (2) years thereafter. If requested to do so Upon reasonable request by a Partythe other Interconnected Entity, the owner of the Metering Party shall, at Equipment shall inspect or test the requesting Party's expense, inspect and test Billing Meters Metering Equipment more frequently than once every two (2) years, but in no event more frequently than three (3) times in any 24-month period. The owner of the Metering Party Equipment shall give reasonable notice to the other Party Interconnection Parties of the time when any inspection or test of the owner’s Metering Equipment shall take place, and the other Party parties may have representatives present at the test or inspection. In addition, Seller shall have the right to inspect Buyer's Billing Meters from time to time at its discretion. If at any time a Billing Meter Metering Equipment is found to be inaccurate or defective, it shall be adjusted, repaired or replaced at Seller's expense, in order to provide accurate metering. Where the Transmission Owner owns the Metering Equipment, unless the expense of such adjustment, repair or replacement shall be borne by the Project Developer, except that the Project Developer shall not be responsible for such expenses where the inaccuracy or defect is due to caused by the Metering Party's failure to maintain, then the Metering Party shall payTransmission Owner. If a Billing Meter Metering Equipment fails to register, or if the measurement made by a Billing Meter Metering Equipment during a test varies by more than one-half of one 1% percent (0.5%) from the measurement made by the standard meter used in the test, the owner of the Metering Party Equipment shall adjust inform Transmission Provider, and the measurements by correcting Transmission Provider shall inform the other Interconnected Entity, of the need to correct all measurements made by the inaccurate meter for the period during which the Billing Meter was in error by using Seller's check metersinaccurate measurements were made, if installed and if, when tested, varied less than the Billing Meter. If no such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period can be determined. If the period of inaccurate measurement cannot be reasonably ascertaineddetermined, the adjustment correction shall be for the period immediately preceding the test of the Billing Meter Metering Equipment that is equal to one-one- half of the time from the date of the last previous test of the Billing MeterMetering Equipment, provided that the period subject to correction shall not exceed nine (9) months.

Appears in 1 contract

Samples: Generation Interconnection Agreement

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Testing of Metering Equipment. Seller and Buyer agreeThe Interconnected Entity that, and Seller shall use reasonable efforts pursuant to cause the Transmission Owner to agree in writing to the following: Section 58.1, owns the Metering Party Equipment shall operate, maintain, inspect and test its Billing Meters all Metering Equipment upon installation and at least once every two (2) years thereafter. If requested to do so Upon reasonable request by a Partythe other Interconnected Entity, the owner of the Metering Party shall, at Equipment shall inspect or test the requesting Party's expense, inspect and test Billing Meters Metering Equipment more frequently than once every two (2) years, but in no event more frequently than three times in any 24-month period. The owner of the Metering Party Equipment shall give reasonable notice to the other Party Interconnection Parties of the time when any inspection or test of the owner's Metering Equipment shall take place, and the other Party parties may have representatives present at the test or inspection. In addition, Seller shall have the right to inspect Buyer's Billing Meters from time to time at its discretion. If at any time a Billing Meter Metering Equipment is found to be inaccurate or defective, it shall be adjusted, repaired or replaced at Seller's expense, in order to provide accurate metering. Where the Interconnected Transmission Owner owns the Metering Equipment, unless the expense of such adjustment, repair or replacement shall be borne by the Interconnection Customer, except that the Interconnection. Customer shall not be responsible for such expenses where the inaccuracy or defect is due to caused by the Metering Party's failure to maintain, then the Metering Party shall payInterconnected Transmission Owner. If a Billing Meter Metering Equipment fails to register, or or- if the measurement made by a Billing Meter Metering Equipment during a test varies varies: by more than one-half of one percent (0.5%) from the measurement made by the standard meter used in the test, the owner of the Metering Party Equipment shall adjust inform Transmission Provider, and the measurements by correcting Transmission Provider shall inform the other Interconnected Entity, of the need to correct all measurements made by the inaccurate meter for the period during which the Billing Meter was in error by using Seller's check metersinaccurate measurements were made, if installed and if, when tested, varied less than the Billing Meter. If no such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period can be determined. If the period of inaccurate measurement cannot be reasonably ascertaineddetermined, the adjustment correction shall be for the period immediately preceding the test of the Billing Meter Metering Equipment that is equal to one-half onehalf of the time from the date of the last previous test of the Billing MeterMetering Equipment, provided that the period subject to correction shall not exceed-nine (9) months.

Appears in 1 contract

Samples: Interconnection Service Agreement

Testing of Metering Equipment. Seller and Buyer agreeAt any time, and Seller shall use reasonable efforts to cause either Party may request a test of the Transmission Owner to agree in writing to the following: accuracy of the Metering Equipment at its own expense. The results of meter calibrations or tests shall be available for examination by the Parties at all times. If at any time, any Metering Equipment is found to be outside of the accuracy requirements for revenue class meters as per NSP-DOC-026 of the “NSPI Metering Quality Assurance Program” in which Measurement Canada’s error limits are identified, the Distribution Provider shall cause such Metering Equipment to be made accurate or replaced as soon as possible. If the meter is found to be accurate within 3%, no financial adjustment will be required. Each Party shall inspect and test its Billing Meters upon installation and be given reasonable opportunity to be represented in person at least once every two any time that a meter is sealed or unsealed for whatever reason from time to time (2) years thereafter. If requested to do so by a Party, the Metering Party shall, at the requesting Party's expense, inspect and test Billing Meters more frequently than once every two (2) years. The Metering Party shall give reasonable notice shall be provided by the initiating Party to the other Party for this purpose), and shall comply with any reasonable request of the time when any inspection or test other concerning the sealing of meters and other matters affecting the accuracy of the measurement of energy delivered. If either Party believes that a meter is operating inaccurately, it shall take place, and immediately notify the other Party may have representatives present at the test or inspectionParty. In additionthe event that a meter’s accuracy, Seller shall have by testing, is found to be subject to variances of greater than 3%, a financial adjustment will be made to compensate for any excess variance over the right 3% limit for a period not to inspect Buyer's Billing Meters from time to time at its discretionexceed 90 days. If at any time a Billing Meter Metering Equipment is found to be inaccurate or defective, it shall be adjusted, repaired or replaced at Seller's the Interconnection Customer’s expense, in order to provide accurate metering, unless the inaccuracy or defect is due shown to be caused by the Distribution Provider’s failure to maintain the Metering Party's failure to maintainEquipment in accordance with this Agreement, then the Distribution Provider shall be responsible for the cost of adjustment, repair or replacement of the Metering Party shall payEquipment. If a Billing Meter Metering Equipment fails to register, or if the measurement made by a Billing Meter during a test varies by more than one-half of one percent (0.5%) from the measurement made by the standard meter used in the testrecord energy, the Metering Party Distribution Provider shall adjust the measurements by correcting all measurements for the period during which the Billing Meter was in error Metering Equipment failed to record energy by using Seller's the Interconnection Customer’s check meters, if installed and if, when tested, varied less than the Billing Meter. If no such check meters are installed, the Parties shall use the best available data for the period in question. If no other data are available, or if the period cannot be reasonably ascertained, the adjustment shall be for the period immediately preceding the test of the Billing Meter equal to one-half the time from the date of the previous test of the Billing Meter.

Appears in 1 contract

Samples: Small Generator Interconnection and Operating Agreement

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