CALCULATION OF PENALTY FOR OWN USE (EXCLUSIVITY. If The BSP fails to respect one of the criteria defined in Article 6.3.d, for the activation of CIPU Technical Units on which Tertiary Reserves is made available for XXXX, for his own use, XXXX will notify The BSP after the end of the Month of the supply though the report on the evaluation and monitoring of Tertiary Reserve as defined in article 10.1. Then The BSP will provide XXXX a detailed report on the circumstances and causes of the incident On the basis of this detailed report, if it considers that the circumstances and motivations that led to the activation of the BSP’s CIPU Technical Units on which the Tertiary Reserves were made available, is not conform with the article 6.3.d. of this Agreement, XXXX apply the following discounts: For each Infraction, Xxxx will apply the RED 4 penalty. 4 = [ 3 3 +___ ] ∗ [ 4 ] With: R3Infraction: The maximum R3 activated during the Infraction on the considered CIPU Technical Unit by The BSP without respecting one of the criteria specified in article 6.3.d. The maximum will be defined based on quarterly hour metering data. R3contractuel Std+Flex_equiv_lot_i : the amount of Tertiary Reserves, expressed in MW, as defined in Article 4. Monthly_fixed_remuneration R3 Std+Flex: in accordance with article 8.2; An Infraction can be defined as follows: One Infraction on a CIPU Technical Unit is the activation of R3 for own use during one or more quarter hours. An Infraction starts at the first quarter hour in which R3 was activated for own use on the applicable CIPU Technical Unit; ends the quarter hour before the quarter hour in which the R3 activated for own use is 0. The duration of an Infraction is maximum 24 consecutive hours. In case the BSP uses R3 for own use for more than 24 consecutive hours, an infraction will be considered for each started 24 hours of own use. Multiple infractions at the same moment on different CIPU Technical Unit will nevertheless be considered as multiple infractions.
