Capacity Check Tests. (a) The Sponsor shall have the option, exercisable on no more than two (2) occasions per Contract Year, to require the Supplier to conduct a test (the “Capacity Check Test”), at the Supplier’s sole cost and expense, that may be witnessed by the Sponsor or its Representative, to confirm the ability of the Facility to produce the Storage Capacity and the Contract Capacity, as described below. Such Capacity Check Test shall be scheduled by the Supplier within ten (10) Business Days after written notice has been delivered to the Supplier, provided that if the Facility is unavailable at such time due to a scheduled outage or Force Majeure, the Supplier shall promptly notify the Sponsor and may have an additional ten (10) Business Days (or, in the case of Force Majeure, ten (10) Business Days following the conclusion of the event or circumstance constituting Force Majeure), within which to schedule such test. The Supplier shall promptly notify the Sponsor of the timing for the test, including the schedule for the Initial Discharge Stage, the Recharge Stage and the Subsequent Discharge Stage.
(b) The Capacity Check Test will be carried out in accordance with a test protocol (the “Test Protocol”) which will include test procedures, test requirements, a description of applicable data collection and calculations and the format of the report to be prepared in respect of the Capacity Check Test and which Test Protocol is to be prepared by the Supplier and submitted in writing to the Sponsor for approval no later than six month prior to the Milestone Date for Commercial Operation. The Test Protocol shall include the requirement that an Independent Engineer observe and certify the Capacity Check Test, at the Supplier’s sole expense. The measurements of the Capacity Check Test shall be made using Revenue Meters, supplemented, if necessary, with Facility instrumentation acceptable to the Sponsor, acting reasonably, as set forth in the Test Protocol.
(c) In order to perform a Capacity Check Test, the Facility must, within a 30-hour period:
(i) Deliver Electricity to discharge the Facility over a period of no longer than four consecutive clock hours (the “Initial Discharge Stage”);
(ii) Withdraw Electricity to recharge the Facility over a period of no longer than eight consecutive clock hours (the “Recharge Stage”);
(iii) Store such Withdrawn Electricity for a period of at least one clock hour, during which there shall be no electrical input to the energy storage unit, prov...
Capacity Check Tests. The maximum Tolling Capacity of the Power Plant during any Peak Period (the “Maximum Peak Tolling Capacity”) shall be 570 MW, subject to (1) verification and adjustment by a capacity performance test carried out in accordance with the protocol outlined in Schedule F (the “Capacity Check Test”), and (2) the following terms and conditions:
(i) an initial Capacity Check Test will be performed on a date, as determined by the Supplier in collaboration with the Purchaser, prior to the second Peak Period and in accordance with the terms and conditions set forth in the Capacity Check Test Protocol outlined in Schedule F attached to this MOU (the “Protocol”), provided however, the Supplier shall be entitled to one additional re-test if the initial Capacity Check Test indicates a Maximum Peak Tolling Capacity (after any applicable adjustment for the Reference Conditions (as defined in Schedule F), hereafter referred to as the “Capacity Test Value”) lower than 570 MW;
(ii) after the initial Capacity Check Test, each Party shall be entitled to request one Capacity Check Test within each three (3) year period after the second Contract Year in accordance with Schedule F, provided however, the Supplier shall be entitled to one additional re-test within one year if the Capacity Check Test indicates a Capacity Test Value lower than the then current Maximum Peak Tolling Capacity. The Supplier shall use reasonable efforts to coordinate the timing of any such re-test so that the re-test can be adequately performed during:
1. the Peak Run Time Hours in which the Power Plant is operating at the Maximum Peak Tolling Capacity; or
2. such times when sufficient quantities of pipeline natural gas are available to the Purchaser in order for the Purchaser to meet its obligation to supply all the Required Natural Gas under Subsection 2(d)(vii);
(iii) in addition to the planned Capacity Check Test and re-test referred to in Subsections 2(d)(i) and 2(d)(ii), the Supplier shall be entitled to perform at any time, at its discretion and at its own costs, a Capacity Check Test; the Purchaser shall be informed by the Supplier of its intent to carry out such Capacity Check Test;
(iv) should any Capacity Check Test indicate a Capacity Test Value higher than the Maximum Peak Tolling Capacity in place at the time of such test, the Supplier shall have the option, at its sole discretion, to:
1. revise the current Maximum Peak Tolling Capacity to any higher value up to the Capacity Test Value or 620...
Capacity Check Tests
