Common use of Completion of Commercial Operation Clause in Contracts

Completion of Commercial Operation. Seller must provide notice to PacifiCorp stating when Seller believes that the Facility has achieved Commercial Operation in accordance with the requirements of the definition of Commercial Operation, which notice shall include the Nameplate Capacity Rating of the Generating Facility (which shall not be less than the Required Percentage of the Expected Nameplate Capacity Rating), the Storage Capacity Rating of the Storage Facility, and the documentation required in the definition of Commercial Operation. PacifiCorp must respond to Seller’s notice within ten (10) Business Days of receipt of a notice satisfying the requirements of the preceding sentence. If PacifiCorp does not respond to Seller’s complying notice within such time period, then the Commercial Operation Date will be deemed to be the date of PacifiCorp’s receipt of such complying notice from Seller. If PacifiCorp informs Seller in writing within such ten (10) Business Day period that PacifiCorp believes the Facility has not achieved Commercial Operation, identifying the specific areas of deficiency, then Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorp. The Commercial Operation Date will be the date on which the matters identified in PacifiCorp’s deficiency notice have been addressed to PacifiCorp’s reasonable satisfaction, notice of which PacifiCorp shall provide to Seller.

Completion of Commercial Operation. Seller must provide notice to PacifiCorp stating when Seller believes that the Storage Facility has achieved Commercial Operation in accordance with the requirements of the definition of Commercial Operation, which notice shall include the Nameplate Storage Power Capacity Rating of the Generating Storage Facility (which shall not be less than the Required Percentage of the Expected Nameplate Guaranteed Storage Power Capacity Rating), the Storage Capacity Rating of the Storage Facility, ) and the documentation required in the definition of Commercial Operation. PacifiCorp must respond to Seller’s notice within ten (10) Business Days of receipt of a Seller’s notice satisfying the requirements of the preceding sentence. If PacifiCorp does not respond to Seller’s complying notice within such time period, or responds informing Seller that PacifiCorp agrees that Commercial Operation has been achieved, then the Commercial Operation Date will be deemed to be the date of PacifiCorp’s receipt of such complying notice from Seller. If PacifiCorp informs Seller in writing within such ten (10) Business Day period that PacifiCorp believes the Storage Facility has not achieved Commercial Operation, identifying the specific areas of deficiency, then Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorpPacifiCorp and resubmit a notice to PacifiCorp stating that Seller believes that the Storage Facility has achieved Commercial Operation and the process set forth in this Section 2.2.2 shall repeat. The Commercial Operation Date will be the date on which the matters identified in PacifiCorp’s deficiency notice have been addressed to PacifiCorp’s reasonable satisfaction, notice of which PacifiCorp shall provide to Seller.

Completion of Commercial Operation. Seller must provide notice to PacifiCorp stating when Seller believes that the Facility has achieved Commercial Operation in accordance with the requirements of the definition of Commercial Operation, which notice shall include the Nameplate Capacity Rating of the Generating Facility (which shall not be less than the Required Percentage of the Expected Nameplate Capacity Rating), the Storage Capacity Rating of the Storage Facility, and the documentation required in the definition of Commercial Operation. PacifiCorp must respond to Seller’s notice within ten (10) Business Days of receipt of a Seller’s notice satisfying the requirements of the preceding sentence. If PacifiCorp does not respond to Seller’s complying notice within such time period, or responds informing Seller that PacifiCorp agrees that Commercial Operation has been achieved, then the Commercial Operation Date will be deemed to be the date of PacifiCorp’s receipt of such complying notice from Seller. If PacifiCorp informs Seller in writing within such ten (10) Business Day period that PacifiCorp believes the Facility has not achieved Commercial Operation, identifying the specific areas of deficiency, then Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorpPacifiCorp and resubmit a notice to PacifiCorp stating that Seller believes that the Facility has achieved Commercial Operation and the process set forth in this Section 2.2.2 shall repeat. The Commercial Operation Date will be the date on which the matters identified in PacifiCorp’s deficiency notice have been addressed to PacifiCorp’s reasonable satisfaction, notice of which PacifiCorp shall provide to Seller. In the event the Facility achieves Commercial Operation with less than the Expected Nameplate Capacity Rating (but with a Nameplate Capacity Rating of not less than the Required Percentage of the Expected Nameplate Capacity Rating), the Expected Annual Net Output, the Expected Monthly Net Output, the Expected Hourly Net Output, the Expected Nameplate Capacity Rating and the Maximum Delivery Rate shall all be proportionally reduced based on the Nameplate Capacity Rating of the Generating Facility (which shall not be less than the Required Percentage of the Expected Nameplate Capacity Rating) at the time of the Commercial Operation Date and the Parties’ mutual satisfaction that the Facility has achieved Commercial Operation, and Exhibit A shall be amended to reflect such changes.

Completion of Commercial Operation. Seller must provide notice to PacifiCorp stating when Seller believes that the Facility has achieved Commercial Operation in accordance with the requirements of the definition of Commercial Operation, which notice shall include the Nameplate Capacity Rating of the Generating Facility (which shall not be less than the Required Percentage of the Expected Nameplate Capacity Rating), the Storage Capacity Rating of the Storage Facility, and the documentation 8 Note to Bidders: Depending on the location of the Facility, there may be associated filing or approval requirements with the applicable state public utility commission. required in the definition of Commercial Operation. PacifiCorp must respond to Seller’s notice within ten (10) Business Days of receipt of a notice satisfying the requirements of the preceding sentence. If PacifiCorp does not respond to Seller’s complying notice within such time period, then the Commercial Operation Date will be deemed to be the date of PacifiCorp’s receipt of such complying notice from Seller. If PacifiCorp informs Seller in writing within such ten (10) Business Day period that PacifiCorp believes the Facility has not achieved Commercial Operation, identifying the specific areas of deficiency, then Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorp. The Commercial Operation Date will be the date on which the matters identified in PacifiCorp’s deficiency notice have been addressed to PacifiCorp’s reasonable satisfaction, notice of which PacifiCorp shall provide to Seller.

Completion of Commercial Operation. Seller must provide notice to PacifiCorp stating when Seller believes that the Facility has achieved Commercial Operation in accordance with the requirements of the definition of Commercial Operation, which notice shall include the Nameplate Capacity Rating of the Generating Facility (which shall not be less than the Required Percentage of the Expected Nameplate Capacity Rating), the Storage Capacity Rating of the Storage Facility, and the documentation required in the definition of Commercial Operation. PacifiCorp must respond to Seller’s notice within ten (10) Business Days of receipt of a notice satisfying the requirements of the preceding sentence. If PacifiCorp does not respond to Seller’s complying notice within such time period, then the Commercial Operation Date will be deemed to be the date of PacifiCorp’s receipt of such complying notice from Seller. If PacifiCorp informs Seller in writing within such ten (10) Business Day period that PacifiCorp believes the Facility has not achieved Commercial Operation, identifying the specific areas of deficiency, then Seller must address the deficiencies stated in PacifiCorp’s notice to the reasonable satisfaction of PacifiCorp. The Commercial Operation Date will be the date on which the matters identified in PacifiCorp’s deficiency notice have been addressed to PacifiCorp’s reasonable satisfaction, notice of which PacifiCorp shall provide to Seller.