Common use of Alternative Energy Portfolio Standards Obligation Clause in Contracts

Alternative Energy Portfolio Standards Obligation. (a) Seller shall provide Buyer with AECs required to comply with the Alternative Energy Portfolio Standards, including regulations adopted thereunder, (together the “AEPS Obligation”) in proportion to Seller’s Specified Percentage. (b) Seller and Buyer shall work together to establish the proper accounts within the GATS. Seller shall be a subscriber to GATS and is responsible for paying its annual subscription fee. Seller shall transfer all AECs to Buyer using GATS. Seller shall transfer certificates into the Buyer’s account(s) on a timely basis in the amount necessary to fulfill Seller’s AEPS Obligation under this Agreement. Seller shall be responsible for paying the volumetric fees associated with LSE GATS fee requirements in proportion to Seller’s Full Requirements Service. Seller warrants that all AECs transferred to Buyer during an AEPS Reporting Period (or during the twenty calendar days thereafter) shall be eligible for Buyer’s use for compliance during such AEPS Reporting Period. (c) Seller shall provide to the Buyer all information regarding its share of the AEPS Obligation that may be required by the PUC rules governing reporting and auditing of Buyer’s compliance with the AEPS Obligation. (d) The Buyer will provide the Seller with a version of Exhibit B to this Agreement at the same time that it provides the Transaction Confirmation. Exhibit B at that time will incorporate the AEPS percentage obligations for the applicable delivery year covered by the Transaction Confirmation(s) in effect on the day the bid was submitted. Exhibit B as provided with the Transaction Confirmation(s) will apply during the term of the Agreement and will be used to determine the Seller’s AEPS Obligation. (e) If Seller fails to fulfill Seller’s AEPS Obligation for any AEPS Reporting Period as provided in Section 4.7(b), Buyer shall invoice Seller and Seller shall pay liquidated damages equal to the AEC Non-Solar Penalty or the AEC Solar Penalty for such Transaction, as applicable, for each AEC Seller failed to provide for that AEPS Reporting Period. If the PUC subsequently establishes an alternative compliance payment under the AEPS Act for non-compliance with the Tier I (solar) requirements in excess of the AEC Solar Penalty for such AEPS Reporting Period, Seller shall also pay Buyer the amount in excess of the AEC Solar Penalty; if the tier I (solar) alternative compliance payment is less than AEC Solar Penalty, Buyer shall refund the difference to Seller. Moreover, the Seller will be liable for any costs directly or indirectly related to the procurement of AECs by the Buyer or related to any penalties or costs associated with non-compliance of the AEPS Act in the event that the Seller defaults in its obligations under this Section. (f) Seller shall provide Buyer all information Buyer may require to comply with the AEPS Act and its implementing regulations and other Requirements of Law, including but not limited to the price paid per AEC required by 73 Pa.C.S. § 1648.3(e)(8).

Alternative Energy Portfolio Standards Obligation. (a) Seller shall provide enable the Buyer with AECs required to comply with the Alternative Energy Portfolio Standards, including regulations adopted thereunder, (together the “AEPS Obligation”) and shall provide AECs in proportion the Specified Amount to SellerBuyer so that Buyer can fulfill Buyer’s Specified PercentageAEPS Obligation as set forth in the AEPS Act and PUC rules and Orders that may be promulgated to implement the AEPS Act. (b) Seller and Buyer shall work together to establish the proper accounts within the GATS. Seller shall be a subscriber to GATS and is responsible for paying its annual subscription fee. Seller shall transfer all AECs to Buyer using GATS. Seller shall transfer certificates into the Buyer’s GATS account(s) on a timely basis in the amount necessary to fulfill Seller’s AEPS Obligation under this Agreement. Seller shall be responsible for paying the volumetric fees associated with LSE load serving entity GATS fee requirements in proportion to Seller’s Full Requirements Service. Seller warrants that all AECs transferred to Buyer during an AEPS Reporting requirements. (c) Within 40 days after the end of each Quarterly Settlement Period (or during the twenty calendar Delivery Period, but not to exceed 70 days thereafter) after the end of each Annual Time Period during the Delivery Period per Article 2.3 (e), the Seller shall be eligible for transfer AECs into the Buyer’s use GATS account(s) in an amount commensurate with Article 2.1. (d) AECs supplied for compliance during such a given Quarterly Settlement Period in an Annual Time Period must allow PPL Electric to meet its obligations under the AEPS Reporting Act for that Annual Time Period. (e) No later than 70 calendar days following an Annual Time Period of the Delivery Period, Seller shall complete its transfer of any remaining AECs associated with such Annual Time Period as specified in the Transaction Confirmation, not transferred in accordance with subsection (c) of this Section 2.3, into the Buyer’s GATS account(s). (f) In addition to the Remedies stated in Article 7, Article 8 and Article 10 of this Agreement, Buyer, in its reasonable discretion, shall have the right to pursue specific performance of Seller's obligations under this Section 2.3. (g) Seller shall provide to the Buyer all information regarding its share of the AEPS Obligation AECs that may be required by the PUC rules governing reporting and auditing of Buyer’s compliance with the AEPS Obligation. (d) The Buyer will provide the Seller with a version of Exhibit B to this Agreement at the same time that it provides the Transaction Confirmation. Exhibit B at that time will incorporate the AEPS percentage obligations for the applicable delivery year covered by the Transaction Confirmation(s) in effect on the day the bid was submitted. Exhibit B as provided with the Transaction Confirmation(s) will apply during the term of the Agreement and will be used to determine the Seller’s AEPS Obligation. (e) If Seller fails to fulfill Seller’s AEPS Obligation for any AEPS Reporting Period as provided in Section 4.7(b), Buyer shall invoice Seller and Seller shall pay liquidated damages equal to the AEC Non-Solar Penalty or the AEC Solar Penalty for such Transaction, as applicable, for each AEC Seller failed to provide for that AEPS Reporting Period. If the PUC subsequently establishes an alternative compliance payment under the AEPS Act for non-compliance with the Tier I (solar) requirements in excess of the AEC Solar Penalty for such AEPS Reporting Period, Seller shall also pay Buyer the amount in excess of the AEC Solar Penalty; if the tier I (solar) alternative compliance payment is less than AEC Solar Penalty, Buyer shall refund the difference to Seller. Moreover, the Seller will be liable for any costs directly or indirectly related to the procurement of AECs by the Buyer or related to any penalties or costs associated with non-compliance of the AEPS Act in the event that the Seller defaults in its obligations under this Section. (f) Seller shall provide Buyer all information Buyer may require to comply with the AEPS Act and its implementing regulations and other Requirements of Law, including but not limited to the price paid per AEC required by 73 Pa.C.S. § 1648.3(e)(8).

Alternative Energy Portfolio Standards Obligation. (a) Seller shall provide enable the Buyer with AECs required to comply with the Alternative Energy Portfolio Standards, including regulations adopted thereunder, (together the “AEPS Obligation”) and shall provide AECs in proportion the Specified Amount to SellerBuyer so that Buyer can fulfill Buyer’s Specified PercentageAEPS Obligation as set forth in the AEPS Act and PUC rules and Orders that may be promulgated to implement the AEPS Act. (b) Seller and Buyer shall work together to establish the proper accounts within the GATS. Seller shall be a subscriber to GATS Subscriber and is responsible for paying its annual subscription fee. Seller shall transfer all AECs to Buyer using GATS. Seller shall transfer certificates into the Buyer’s GATS account(s) on a timely basis in the amount necessary to fulfill Seller’s AEPS Obligation under this Agreement. Seller shall be responsible for paying the volumetric fees associated with LSE GATS fee requirements in proportion to Seller’s Full Requirements Service. Seller warrants that all AECs transferred to Buyer during an AEPS Reporting Period (or during the twenty calendar days thereafter) shall be eligible for Buyer’s use for compliance during such AEPS Reporting Periodrequirements. (c) Within 40 days after the end of each calendar month during the Delivery Period the Seller shall provide to transfer AECs into the Buyer all information regarding its share of the AEPS Obligation that may be required Buyer’s GATS account(s) in an amount commensurate with Specified Amount provided by the PUC rules governing reporting and auditing of Buyer’s compliance with the AEPS ObligationSeller during said calendar month. (d) The Buyer will provide At the conclusion of the Delivery Period, Seller shall complete its transfer of any AECs, not transferred in accordance with a version subsection (c) of Exhibit B to this Agreement at Section 2.3, into the same time that it provides the Transaction Confirmation. Exhibit B at that time will incorporate the AEPS percentage obligations for the applicable delivery year covered by the Transaction Confirmation(sBuyer’s GATS account(s) in effect on the day the bid was submitted. Exhibit B as provided with the Transaction Confirmation(s) will apply during the term of the Agreement and will be used amount necessary to determine fulfill the Seller’s AEPS Obligationoutstanding Specified Amount under this Agreement no later than 50 calendar days following the completion of the Delivery Period. (e) If Seller fails In addition to fulfill Seller’s AEPS Obligation for any AEPS Reporting Period as provided the Remedies stated in Section 4.7(b)Article 7.1 and Article 10 of this Agreement, Buyer shall invoice have the right, in its sole discretion, to withhold any and all payments pursuant to Article 5 of this Agreement in the event that the Seller does not satisfy its obligations under this Section 2.3, and Seller shall pay liquidated damages equal to the AEC Non-Solar Penalty pursue any other remedies at law or the AEC Solar Penalty for such Transactionin equity which may be available including, as applicable, for each AEC Seller failed but not limited to provide for that AEPS Reporting Period. If the PUC subsequently establishes an alternative compliance payment under the AEPS Act for non-compliance with the Tier I (solar) requirements those enumerated in excess of the AEC Solar Penalty for such AEPS Reporting Period, Seller shall also pay Buyer the amount in excess of the AEC Solar Penalty; if the tier I (solar) alternative compliance payment is less than AEC Solar Penalty, Buyer shall refund the difference to SellerArticle 7.1. Moreover, the Seller will be liable for any costs directly or indirectly related to the procurement of AECs by the Buyer or related to any penalties or costs associated with non-compliance of the AEPS Act in the event that the Seller defaults in on its obligations under this SectionSection 2.3. (f) Seller shall provide to the Buyer all information Buyer regarding AECs that may require to comply be required by the PUC rules governing reporting and auditing of Buyer’s compliance with the AEPS Act and its implementing regulations and other Requirements of Law, including but not limited to the price paid per AEC required by 73 Pa.C.S. § 1648.3(e)(8)Obligation.