Area Delivery Network Upgrades. If the Interconnection Customer has an Option (A) Generating Facility, the Interconnection Customer will not be responsible for funding the costs of any Area Delivery Network Upgrades. If the Interconnection Customer has an Option (B) Generating Facility and did not select the Merchant Option for the Area Delivery Network Upgrades, then the Interconnection Customer shall be responsible for funding the costs of Area Delivery Network Upgrades. The costs set forth in Appendices A and G are advisory estimates only and will not establish any cap or maximum cost responsibility limit on the cost responsibility of the Interconnection Customer for Area Delivery Network Upgrades. The Interconnection Customer shall be responsible for the actual costs of Area Delivery Network Upgrades. The Interconnection Customer will not be entitled to repayment for the costs it funded for Area Delivery Network Upgrades in accordance with Article 11.4.1.
Area Delivery Network Upgrades. The Interconnection Customer shall not be entitled to repayment of the amount paid to the Distribution Provider for the costs of Area Delivery Network Upgrades. However, the Interconnection Customer may be entitled to receive Congestion Revenue Rights from the ISO in accordance with the ISO Tariff for the costs of Area Delivery Network Upgrades that are not covered by cash repayment. Any repayment for Reliability Network Upgrades and Local Delivery Network Upgrades, as specified above, will be paid to the Interconnection Customer by the Distribution Provider on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect to the Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph. Interconnection Customer may assign such repayment rights to any person. Notwithstanding the foregoing, Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the applicable date as provided for in this Article 11.4.1: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or
Area Delivery Network Upgrades. None identified in the Phase II Interconnection Study.
Area Delivery Network Upgrades. Because the Project elected to proceed under Option A, no Area Delivery Network Upgrades were identified for the Project in the Phase II Interconnection Study.
Area Delivery Network Upgrades. The Interconnection Customer shall not be entitled to repayment of the amount paid to the Distribution Provider for the costs of Area Delivery Network Upgrades. However, the Interconnection Customer may be entitled to receive Congestion Revenue Rights from the ISO in accordance with the ISO Tariff for the costs of Area Delivery Network Upgrades that are not covered by cash repayment. Any repayment for Reliability Network Upgrades and Local Delivery Network Upgrades, as specified above, will be paid to the Interconnection Customer by the Distribution Provider on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Distribution Provider's Tariff and Affected System's Tariff for transmission services with respect to the Generating Facility. Any repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph. Interconnection Customer may assign such repayment rights to any person. Notwithstanding the foregoing, Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide payments to Interconnection Customer on a dollar-for-dollar basis for the non- usage sensitive portion of transmission charges, or develop an alternative schedule that is mutually agreeable and provides for the return of all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur,...
