FCDS Finding definition
Examples of FCDS Finding in a sentence
An FCDS Seller shall have either previously obtained, or is obligated to obtain per the terms of the Agreement, a FCDS Finding.
If Buyer requires Seller to undertake an FCDS Finding for the Plant, then Seller shall take all reasonable actions to pursue such status, and shall keep Buyer informed in writing on a monthly basis with regard to the status and progress of Seller’s pursuit of an FCDS Finding for the Plant.
Within forty-five (45) calendar days of receipt of an FCDS Request, Seller shall provide Buyer with a good faith estimate of the costs associated with interconnection, distribution and/or transmission upgrades to enable the Plant to obtain an FCDS Finding.
Any failure by Seller to obtain an FCDS Finding, and any remedy by Seller to address such a failure, shall be resolved on a non-discriminatory basis among the Facility and any other generating facility which shares the same capacity designation.
Within forty-five (45) calendar days of receipt of such cost estimate, Buyer may, in its sole discretion, send a further notice to Seller requiring it to pursue obtaining an FCDS Finding for the Plant; provided, however, that if Buyer fails so to notify Seller, then Seller shall be under no obligation to undertake, nor shall it undertake, obtaining an FCDS Finding for the Plant on behalf of Buyer.
If Buyer chooses not to exercise this right of first refusal in sub-section (ii) above, Seller may sell such Output to a third party so long as such third party sale does not affect or impair in any material way Seller’s ability to meet its obligations or Buyer’s rights with respect to this Agreement as determined by Buyer in its reasonable discretion; and/or [For Plants which do not have a FCDS Finding prior to the Contract Delivery Start Date:] Pre-FCDS Energy Price.