Common use of Availability Notice Clause in Contracts

Availability Notice. For each Operating Day during a Put Delivery Period, Seller shall provide to SCE using the SCE-provided web-based system (“Outage Management System”) an hourly schedule of the Available Capacity (including Energy and Ancillary Services) that each Storage Unit is expected to have for each hour of such Operating Day, no later than two (2) Business Days before the Trading Day applicable to such Operating Day (the “Availability Notice”). Seller must update SCE immediately using the Outage Management System if the Available Capacity of any Storage Unit changes or is likely to change after the Availability Notice is submitted. Seller must follow up all such updates through the Outage Management System with telephonic updates to SCE’s personnel designated in Appendix 20.05 to receive such communications. Seller shall accommodate SCE’s reasonable requests for changes in the time or form of delivery of the Availability Notices. If an electronic submittal via the Outage Management System is not available, or is not possible for reasons beyond a Party’s control, Seller may provide Availability Notices using the form attached in Appendix 20.01 by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to SCE’s personnel designated in Appendix 20.05 to receive such communications.

Availability Notice. For each Operating Day during a Put Delivery Period, Seller shall provide to SCE using the SCE-provided web-based system (“Outage Management System”) an hourly schedule of the Available Capacity (including for both Energy and Ancillary Services) that each Storage Generating Unit is expected to have for each hour of such Operating Day, no later than two (2) Business Days before the Trading Day applicable to such Operating Day (the “Availability Notice”). During holiday periods Seller may be required to provide the Availability Notice earlier than two (2) Business Days as reflected in SCE’s “Annual Scheduling/Planning Calendar”; an example of which is attached as Appendix 22.02. Seller must update SCE immediately using the Outage Management System if the Available Capacity of any Storage Generating Unit changes or is likely to change after the Availability Notice is submitted. Seller must follow up all such updates through the Outage Management System with telephonic updates to SCE’s personnel designated in Appendix 20.05 to receive such communications. Seller shall accommodate SCE’s reasonable requests for changes in the time or form of delivery of the Availability Notices. If an electronic submittal via the Outage Management System is not available, or is not possible for reasons beyond a Party’s control, Seller may provide Availability Notices using the form attached in Appendix 20.01 by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to SCE’s personnel designated in Appendix 20.05 to receive such communications.

Availability Notice. For each Operating Day during a Put Delivery Period, Seller shall provide to SCE SDG&E using the SCESDG&E-provided web-based system (“Outage Management System”) System an hourly schedule of the Available Capacity (including Energy and Ancillary Services) that each Storage Unit the Project is expected to have for each hour of such Operating Day, no later than two (2) Business Days before the Trading Day applicable to such Operating Day (the “Availability Notice”). Seller must update SCE SDG&E immediately using the Outage Management System if the Available Capacity of any Storage Unit Project changes or is likely to change after the Availability Notice is submitted. Seller must follow up all such updates through the Outage Management System with telephonic updates to SCESDG&E’s personnel designated in Appendix 20.05 to receive such communications. Seller shall accommodate SCESDG&E’s reasonable requests for changes in the time or form of delivery of the Availability Notices. If an electronic submittal via the Outage Management System is not available, or is not possible for reasons beyond a Party’s control, Seller may provide Availability Notices using the form attached in Appendix 20.01 by (in order of preference unless the Parties agree to a different order) electronic mail, facsimile transmission or, as a last resort, telephonically to SCESDG&E’s personnel designated in Appendix 20.05 to receive such communications. Dispatch Notice. SDG&E will have the right to dispatch the Project by providing a Dispatch Notice to Seller electronically (in the form attached in Appendix 20.02 or other available form agreeable to SDG&E), and subject to the requirements and limitations set forth in this Agreement. SDG&E will provide such Dispatch Notice to Seller in accordance with the Tariff market notice timelines for submitting day-ahead and real-time schedules to CAISO. Subject to Section 20.04, each Dispatch Notice will be effective unless and until SDG&E modifies such Dispatch Notice by providing Seller with an updated a Dispatch Notice. SDG&E will have the right to provide an updated Dispatch Notice at any time up until 30 minutes prior to the beginning of each operating hour. If an electronic submittal is not possible for reasons beyond SDG&E’s control, SDG&E may provide Dispatch Notice by (in order or preference, unless the Parties agree to a different order) electronic mail, facsimile transmission or telephonically to Seller’s personnel designated in Appendix 20.05 to receive such communications. Seller shall be entitled to receive and retain for its own account any and all CAISO revenues for such awards and dispatches, except as otherwise stated in this Agreement, which shall be remitted to SDG&E. Start-Up Notices. If a Dispatch Notice includes a Start-Up, Seller shall notify SDG&E electronically when the Project has initiated a start, and is synchronized and at Minimum Load ready to be dispatched to the required output. Seller shall provide an electronic or facsimile copy of a completed Start-Up Notice, in the form attached to this Agreement in Appendix 20.03, to SDG&E within twenty-four (24) hours of the Start-Up. When a Dispatch Notice requires a Start-Up or shutdown, Seller will be responsible for coordinating all required switchyard switching with the Grid Control Center. Operating Restrictions. Subject to Section 7.03, all Operating Restrictions associated with the Product are specified in Appendix 1.01. In providing a Dispatch Notice , SDG&E shall comply with the applicable Operating Restrictions. If SDG&E submits a Dispatch Notice that does not conform with the Operating Restrictions, then Seller shall immediately notify SDG&E of the non-conformity and SDG&E will modify its Dispatch Notice to conform to the applicable Operating Restrictions. Until such time as SDG&E submits a modified Dispatch Notice, Seller shall, as applicable, deliver the Product in accordance with the Operating Restrictions or charge the Project in accordance with the Operating Restrictions, and the Project will not be deemed to be unavailable, but only to the extent the Project was otherwise available but could not be dispatched or charged because of its inability to operate outside of the Operating Restrictions. Notwithstanding anything to the contrary in this Agreement, Section 20.04(a), or the Operating Restrictions, if the Project is able to meet its Contract Capacity, SDG&E is permitted to issue a Dispatch Notice that dispatches the Project to its Contract Capacity and SDG&E is not required to modify any non-conforming Dispatch Notice that dispatches the Project to its Contract Capacity; provided, in instances where the Contract Capacity is greater than the maximum capability set forth in the Operating Restrictions, Seller shall deliver the Product in accordance with the Operating Restrictions, and the Project will not be deemed to be unavailable, but only to the extent the Project was otherwise available but could not be dispatched because of its inability to operate outside of the Operating Restrictions.