Contract Price Limitation. (a) Not later than 60 Days before the end of each Contract Year, Seller shall determine and submit to Buyer and the Commission its determination whether the Monthly Clean Coal Rate for the next Contract Year, excluding any penalties or other payments to Seller, would result in an estimated average incremental rate increase for Buyer’s customers for the next Contract Year greater than the applicable Rate Cap Limit. If for any Contract Year Seller determines that the Monthly Clean Coal Rate would result in an average incremental rate increase greater than the applicable Rate Cap Limit, then the Monthly Clean Coal Rate for each Contract Month in the next Contract Year will be adjusted downward in a manner pro- rata across all Contract Months so that the Monthly Clean Coal Rate does not result in an estimated average incremental rate increase greater than the applicable Rate Cap Limit. The adjusted Monthly Clean Coal Rates for the next Contract Year will be utilized to calculate the Initial Settlement Payment and Final Settlement Payment for each Contract Month in the next Contract Year as determined in section 6.2(c). An example of this determination is attached as Exhibit 6.3(b).
Contract Price Limitation. The Commission shall determine, pursuant to section 5.2, whether the Monthly Clean Coal Rate for the next Contract Year, excluding any penalties or other payments to Seller, would result in an estimated average incremental rate increase for Buyer’s customers for the next Contract Year greater than the applicable Rate Cap Limit. If for any Contract Year the Commission determines that the Monthly Clean Coal Rate would result in an average incremental rate increase greater than the applicable Rate Cap Limit, then the Monthly Clean Coal Rate for each Contract Month in the next Contract Year will be adjusted downward in a manner pro -rata across all Contract Months so that the Monthly Clean Coal Rate does not result in an estimated average incremental rate increase greater than the applicable Rate Cap Limit (the “Rate Cap Limit Credit”). The adjusted Monthly Clean Coal Rates for the next Contract Year will be utilized to calculate the Initial Settlement Payment and Final Settlement Payment for each Contract Month in the next Contract Year as determined in section 6.2(c). An example of this determination is attached as Exhibit 6.3.
Contract Price Limitation. (b)Not later than 60 Days before the end of each Contract Year, Seller The Commission shall determine, pursuant to section 5.2, and submit to Buyer and the Commission its determination whether the Monthly Clean Coal Rate for the next Contract Year, excluding any penalties or other payments to Seller, would result in an estimated average incremental rate increase for Buyer’s customers for the next Contract Year greater than the applicable Rate Cap Limit. If for any Contract Year Sellerthe Commission determines that the Monthly Clean Coal Rate would result in an average incremental rate increase greater than the applicable Rate Cap Limit, then the Monthly Clean Coal Rate for each Contract Month in the next Contract Year will be adjusted downward in a manner pro‐rata across all Contract Months so that the Monthly Clean Coal Rate does not result in an estimated average incremental rate increase greater than the applicable Rate Cap Limit. The adjusted Monthly Clean Coal Rates for the next Contract Year will be utilized to calculate the Initial Settlement Payment and Final Settlement Payment for each Contract Month in the next Contract Year as determined in section 6.2(c)6.2(c)6.2(c). An example of this determination is attached as Exhibit 6.3(b).
