ANNUAL TESTING PROCEDURE TO ESTABLISH CONTRACT CAPACITY Sample Clauses

ANNUAL TESTING PROCEDURE TO ESTABLISH CONTRACT CAPACITY. (a) Not later than the Scheduled Date of Commercial Operation for the Initial Units, Tenaska shall provide PECO with its written declaration of Contract Capacity for the first Contract Year, and no capacity test will be required for such declaration. During each Contract Year except the last Contract Year, following the Summer Months but not later than each December 1st thereafter, Tenaska shall conduct a Capacity Test (the "December 1 Capacity Test") of all Units in Commercial Operation in accordance with EXHIBIT 5.01. Upon conclusion of each such Capacity Test, Tenaska shall declare Contract Capacity for the Immediately Following Contract Year in accordance with the parameters of Section 5.02 and such declaration shall apply to any Unit that achieves Commercial Operation as of the first day of the Immediately Following Contract Year. (b) If Tenaska declares a level of Contract Capacity which (i) conforms to the parameters of Section 5.02 but (ii) exceeds the most recent Capacity Test Result, PECO shall have the right to request a Capacity Test during the immediately following May 15th through May 31st period. If the Capacity Test Result from such a Capacity Test is less than the Contract Capacity declared by Tenaska (excluding for this purpose the Unit Capacity of any Unit that has not yet achieved Commercial Operation), Contract Capacity for the Immediately Following Contract Year shall equal the most recent Capacity Test Result. Tenaska shall conduct additional tests of Plant capacity as requested by PECO to meet Reliability Council requirements, but such tests shall not be used to adjust Contract Capacity. PECO shall deliver all Fuel and accept all energy required to conduct all Capacity Tests. (c) Tenaska shall give PECO ten (10) days prior written notice of the performance of any Capacity Test (except that no notice shall be required in the case of any retest that commences the same day as the original test ended and only 24 hours notice shall be required in the case of a retest that occurs within three days of a prior test). PECO shall have the right to observe the Capacity Test. PECO shall request and accept energy sufficient to allow, during the Capacity Test, a test of the Plant's maximum capability. Energy delivered to PECO during such tests will be treated as Delivered Energy and paid for by PECO as such under this Agreement. Any applicable adjustment of Capacity Test results provided for in EXHIBIT 5.01 shall be determined in accordance with ...
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