Capacity Shortfall. (a) If Seller elects to commence Commercial Operation with a Generating Facility size of less than Generating Facility Nameplate Capacity, Seller shall use commercially reasonable efforts to cause the Generating Facility to achieve full Generating Facility Nameplate Capacity of [ ]. The difference, measured in [MWAC] [MWDC], between the actual facility size and the Generating Facility Nameplate Capacity is referred to as the “Capacity Shortfall”.
Capacity Shortfall of greater than five days If ARTC expects that an event resulting in a Capacity Shortfall will be for a duration of more than five days or an event resulting in a Capacity Shortfall subsequently has a duration of more than five days, and there will be insufficient Capacity to meet all remaining unconditional Capacity entitlements held by all access holders in that Month after taking into account likely usage of access holders with an allocation period of a Quarter, ARTC will allocate the Capacity available in accordance with the following principles: Deleted: ,
Capacity Shortfall. If, after determining the Demonstrated Firm Capacity as provided in Section 5.1(E) (Capacity Test), the Demonstrated Firm Capacity is less than the Contract Firm Capacity, the Capacity Charge payment to Seller shall be reduced by a factor of 1.2 multiplied by each one percentage point (1%), rounded up to the nearest one percentage point (1%) when the fraction of the percentage is between 0.5 inclusive and the next integer, by which the Demonstrated Firm Capacity is less than the Contract Firm Capacity, down to a maximum of ten percentage points (10%) below the Contract Firm Capacity in accordance with Section 2(iv) of Attachment W (Capacity Test Procedures).
Capacity Shortfall. If, after determining the Demonstrated Firm Capacity as provided in Section 5.1(E) (Capacity Test), the Demonstrated Firm Capacity is less than the Contract Firm Capacity, the Capacity Charge payment to Seller shall be reduced in accordance with Section 4 of Attachment W (Capacity Test Procedures).
Capacity Shortfall. 11.4.1.1 In the event that, at any time after the Date of Commercial Operation and before the Phase II Date of Commercial Operation, the CNDC is reduced below 95% of the INDC determined pursuant to Section 7.2.1, then, as Liquidated Damages, Seller will pay the Company $50 per kilowatt of the difference between 95% of the original INDC and the CNDC. This amount shall be escalated monthly using the Gross Domestic Product Implicit Price Deflator ("GDPIPD") beginning with the Effective Date. In the event that Seller pays Liquidated Damages pursuant to this Section, the INDC determined pursuant to Section 7.2.1 shall be reduced to the level of 105.263% of the CNDC upon which the Liquidated Damages assessment has been based for purposes of subsequent Liquidated Damages assessments pursuant to this Section and Section 11.4.2. Additionally, the Design Rating for Phase II, as set forth in Section 7.1 and Section 7.2.2 shall be reduced by the percentage difference between the Phase I INDC and the CNDC upon which Liquidated Damages have been assessed pursuant to this Section. Notwithstanding anything herein to the contrary, Seller may, upon twelve (12) month's prior written notice to the Company, which notice must be provided at any time up to two (2) years after Seller becomes obligated to pay Liquidated Damages pursuant to this Section, reinstate the CNDC of the Facility up to the INDC, and such reinstated CNDC shall be the CNDC for the purposes of calculating Capacity Payments and subsequent Liquidated Damages assessments pursuant to this Section.
Capacity Shortfall
