Common use of COMMUNICATION SYSTEMS AND EQUIPMENT Clause in Contracts

COMMUNICATION SYSTEMS AND EQUIPMENT. An Interval Meter is required for participation in the Program. If at the time of enrollment on the DR Portal a Customer is not billed by the Company using an Interval Meter, then, as between Applicant and the Company, Applicant shall arrange at Applicant’s cost and expense (net of any discount or rebates as may be available) for such Customer to have an Interval Meter furnished and installed, and also arrange for the necessary telecommunications service to enable communications with the Company. The Company shall support meter upgrades consistent with the Company’s rules, requirements and process more particularly described as part of the Company’s Meter Upgrade Manual available on the Company’s website, and as may be updated and amended from time to time by the Company. If at the time of enrollment on the DR Portal a Customer is not billed by the Company using an Interval Meter, then the Interval Meter (with telecommunications) must be in place by the time that the Company has to determine Applicant’s performance in providing Load Relief in accordance with the terms and conditions of this Agreement, including with regard to the calculation of Reservation Payments and Performance Payments. If communications with the Company as described above are not established by the time that Reservation Payments are calculated by the Company, then the Customer account will be assigned combined values of Load Relief via Curtailment (kW) and Load Relief via Generation (kW) of 0 kW for all Events during the Capability Period where data was unavailable to calculate Event Performance Factors. Also, if insufficient data are available after communications are established for calculating performance as a result of previously unavailable communications, then combined values of Load Relief via Curtailment (kW) and Load Relief via Generation (kW) of 0 kW will be assigned for all Events during the Capability Period where data was unavailable to calculate Event Performance Factors. If a Customer to be upgraded to an Interval Meter does not already have an AMI Meter or a communicating hourly pricing meter, then requests for the Company to install an Interval Meter must be made at least 21 business days before April 1st in order to ensure that the Interval Meter is installed prior to the Customer Enrollment Deadline. If the foregoing request is made timely, then the Company will install the Interval Meter within 21 business days of the later of the Company’s receipt of Applicant’s payment for the meter upgrade to an Interval Meter, but only if the Customer seeking an Interval Meter already has an account number assigned by the Company and is interconnected, and reasonable evidence is provided to the Company of this readiness, including: (i) evidence that a request has been made to the telephone carrier (e.g., receipt of a job number) to secure a dedicated telephone line for a meter with landline telecommunications capability, or (ii) the active Internet Protocol (IP) address that the wireless carrier has assigned to the modem’s Electronic Serial Number for a meter with wireless capability. If in connection with the foregoing provided for by this paragraph the Company misses the installation time frame and installation of the Interval Meter does not occur before the start of the Capability Period, then the Company will assign combined values of Load Relief via Curtailment (kW) and Load Relief via Generation (kW) equal to those provided during Enrollment of the Customer to Applicant for all Term-DLM or Auto-DLM Events that occurred prior to the installation of the Interval Meter, unless the delay was caused by a reason outside the Company’s control, including the telephone company’s failure to install a landline, or, if, at the Company’s request, the New York State Public Service Commission grants the Company an exception due to a condition such as a major outage or storm. Consistent with the Company’s regulatory requirements, including with regard to the cost to a Customer, the Company will visit the premises of a Customer when requested by a Customer to investigate a disruption of normal communications between the Customer’s meter and a telephone line or wireless communications, or a disruption of the operation of external pulses from a Customer’s meter to a Customer’s energy management equipment. If the Company cannot collect data needed to calculate Event Performance Factors from an AMI Meter and the Customer associated with the meter has allowed the Company access to its premises to make repairs upon request, then the Company will assign combined values of Load Relief via Curtailment (kW) and Load Relief via Generation (kW) equal to those provided during Enrollment of the Customer to Applicant for all Term- DLM or Auto-DLM Events for which Event Performance Factors could not be calculated. If the Company has attempted to make repairs but the Customer has denied access to the Customer’s premises, then the Company will assign the combined values of Load Relief via Curtailment (kW) and Load Relief via Generation (kW) of 0 kW to Applicant for all Term-DLM or Auto-DLM Events for which Event Performance Factors could not be calculated.