Non-Compensable Curtailment definition
Non-Compensable Curtailment is defined in Section 4.5.1.
Non-Compensable Curtailment shall have the meaning set forth in Section 8.3(B).
Non-Compensable Curtailment has the meaning set forth in Section 4.4.1.
Examples of Non-Compensable Curtailment in a sentence
Seller must promptly provide PacifiCorp with access to such information and data as PacifiCorp may reasonably request to confirm to its reasonable satisfaction the amount of any Non-Compensable Curtailment Energy or Compensable Curtailment Energy.
If, during the period beginning on the later of (i) the Commercial Operation Date or (ii) the Scheduled Commercial Operation Date and thereafter during the Term, Net Output is curtailed by PacifiCorp and such curtailment is not included as a Non-Compensable Curtailment (“Compensable Curtailment Energy”), then PacifiCorp shall pay to Seller the Compensable Curtailment Price for the Compensable Curtailment Energy, as determined below.
Any disputes between the Parties with respect to the amount or calculation of Compensable Curtailment Energy or Non-Compensable Curtailment Energy will be resolved in accordance with Section 24.
Seller will reasonably determine the MWh amount of Non-Compensable Curtailment (“Non-Compensable Curtailment Energy”) and Compensable Curtailment (“Compensable Curtailment Energy”) based on the amount of Potential Net Output that could have been but was not generated at the Facility and delivered to PacifiCorp as Net Output because of Non-Compensable Curtailment or Compensable Curtailment.
PacifiCorp shall not be required to accept from Seller or pay Seller for: (a) any Non-Compensable Curtailment Energy; or (b) Net Output delivered at the Point of Delivery in excess of the Maximum Delivery Rate.
More Definitions of Non-Compensable Curtailment
Non-Compensable Curtailment means any curtailment of the output of the Facility other than a Compensable Curtailment. By way of example only, Non-Compensable Curtailments include curtailments of generation or delivery of Renewable Energy arising out of:
Non-Compensable Curtailment shall have the meaning set forth in Section 8.2. “Notice(s)” shall have the meaning set forth in Section 20.1.
Non-Compensable Curtailment has the meaning set forth in Section 7.4(a). “Non-Defaulting Party” has the meaning set forth in Section 13.4(a). “Notification Deadline” has the meaning set forth in Section 10.3(a). “Notifying Party” has the meaning set forth in Section 14.3(a).
Non-Compensable Curtailment shall have the meaning set forth in (c).
Non-Compensable Curtailment means any curtailment of the output of the Facility other than a Compensable Curtailment. By way of example only, Non-Compensable Curtailments include curtailments of generation or delivery of Renewable Energy arising out of: the restriction or reduction of firm transmission service by the applicable transmission service provider; the restriction or reduction of non-firm transmission service by the applicable transmission service provider to the extent such restriction or reduction would also have been imposed even if firm transmission service had been in place; maintenance outages, whether planned or unplanned, of any part of the transmission system or any testing of the transmission system; the lack of available transmission from the Facility to the Point of Delivery; Seller’s failure to maintain in full force and effect any Permit to own, operate and/or maintain the Facility; a civil, regulatory or criminal proceeding for the protection of endangered, migratory or other protected species; and, Seller’s failure to abide by the AGC Protocols, or a failure of the Facility to respond to AGC instructions from the EMCC. “Compensable Curtailment Energy” for any period of Compensable Curtailment means the MWh represented by the Potential Energy less the Renewable Energy actually generated (if any), during such period. For purposes of determining Compensable Curtailment Energy, the amount of Potential Energy at any given time shall be calculated using the best-available data and methods to determine an accurate representation of the amount of curtailed Renewable Energy: To the extent available, the Parties shall use Seller’s real time Park Potential communicated to Company through the SCADA System as the proxy for Potential Energy, except to the extent that Park Potential is demonstrated not to accurately reflect the Potential Energy (plus or minus 2% average error for non-curtailment periods where generation exceeds 50% of nameplate capacity during one month). During those periods of time when the Park Potential is unavailable or does not accurately represent Potential Energy, the Parties shall use the best available data obtained through Commercially Reasonable methods to determine the Potential Energy. No payment shall be due to Seller from Company for Renewable Energy curtailed as a consequence of any Non-Compensable Curtailment, or for Compensable Curtailment Energy prior to COD. For all Compensable Curtailments following COD, Company shall pay to Seller (i...
Non-Compensable Curtailment means any curtailment of the output of the Facility other than a Compensable Curtailment. By way of example only, Non-Compensable Curtailments include curtailments of generation or delivery of Renewable Energy arising out of:
(i) any action by the the bulk electric transmission system operating authority, including any declaration of an Emergency Condition or Force Majeure under and as defined in the Interconnection Agreement;
(ii) the restriction or reduction of firm transmission service by the applicable transmission provider;
(iii) the restriction or reduction of non-firm transmission service by the applicable transmission service provider to the extent such restriction or reduction would also have been imposed even if firm transmission service had been in place;
(iv) planned or unplanned maintenance outages on any part of the transmission system or the HCE distribution system or any testing of the transmission or HCE distribution system, only to the extent that such maintenance outages or testing of the transmission system results in a curtailment to the output of the Facility;
(v) [the lack of available transmission from the Facility to the Point of Delivery] if applicable for bulk electric interconnected resources…
(vi) Seller’s failure to maintain in full force and effect any Permit to own, operate and/or maintain the Facility;
(vii) a civil, regulatory or criminal proceeding for the protection of endangered, migratory or other protected species;
(viii) Seller’s failure to abide by the AGC Protocols, or a failure of the Facility to respond to AGC instructions from the EMCC; or
(ix) [[ ] MWh per Commercial Operation Year of otherwise Compensable Curtailment Energy that may be applied at the election of Company without compensation to Seller.] bid-specific -- may be n/a
Non-Compensable Curtailment means any curtailment of the output of the Facility other than a Compensable Curtailment. By way of example only, Non-Compensable Curtailments include curtailments of generation or delivery of Renewable Energy arising out of: any action by the Transmission Authority, including any declaration of an Emergency Condition or Force Majeure under and as defined in the Interconnection Agreement; the restriction or reduction of firm transmission service by the applicable transmission provider; the restriction or reduction of non-firm transmission service by the applicable transmission service provider to the extent such restriction or reduction would also have been imposed even if firm transmission service had been in place; planned or unplanned maintenance outages on any part of the transmission system or any testing of the transmission system, only to the extent that such maintenance outages or testing of the transmission system results in a curtailment to the output of the Facility; the lack of available transmission from the Facility to the Point of Delivery Seller’s failure to maintain in full force and effect any Permit to own, operate and/or maintain the Facility; a civil, regulatory or criminal proceeding for the protection of endangered, migratory or other protected species; Seller’s failure to abide by the AGC Protocols, or a failure of the Facility to respond to AGC instructions from the EMCC; or [_____ MWh per Commercial Operation Year of otherwise Compensable Curtailment Energy that may be applied at the election of Company without compensation to Seller.] bid-specific -- may be n/a