Common use of To Certification Clause in Contracts

To Certification. Verification of Emissions Testing Results This letter provides verification of the testing witnessed by [VERIFIER] (“Verifier”) for Clean Coal Solutions, LLC (“CCS”) as an independent professional engineering service regarding the refined coal production facility installed at [SITE] located at [ADDRESS] owned by Associated Electric Cooperative, Inc. (the “Utility”). The tests were conducted during the period from [DATE] to [DATE] (“Testing Period”). This verification is in accordance with IRS Notice 2010-54. At the time of the testing the Facility was operated on a contract basis by Clean Coal Solutions Services, LLC, a Colorado limited liability company (“CCSS”) on behalf of CCS and [AEC-TH, LLC or AEC-NM, LLC]. During the Testing Period, the Owner, by itself and through its contractors, operated the Facility on a daily, continuous basis for purposes of producing “refined coal” meeting the requirements of Section 45(c)(7) of the Internal Revenue Code of 1986, as amended (the “Code”), and meeting the requirements and specifications set forth in this certificate, in part, through the application of CyCleanTM, which consists of a solid additive (“CyClean™ A”) and a liquid additive (“CyClean™ B”), to coal feedstock consisting of Powder River Basin sub-bituminous coal (the “Feedstock Coal”). During the operating period, the Owner and its contractors were in charge of emissions testing performed in accordance with an established operating process. Verifier observed the testing as an independent professional engineer to witness the results. The Owner and its contractors were responsible for establishing plant operating conditions with Feedstock Coal and Refined Coal (defined below) and verifying nitrogen oxide (“NOx”) and mercury emission reductions achieved during the Testing Period as a result of burning the Refined Coal. Verifier was physically present at the site from [DATE] to [DATE] and ensured that the reported data is representative of the data observed during the tests. During this time, CCSS staff worked with the Utility to establish baseline NOx and mercury emissions on [DATE] and to establish similar conditions to measure NOx and mercury emissions while burning CyCleanTM refined coal during the Test Period on [DATE]. Boiler performance and operability were monitored carefully during the emissions test to assure that the emission reductions did not cause other system problems. Based upon the foregoing, Verifier hereby certifies the following during the Testing Period: