Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, the Coordinating Committee shall have the following responsibilities: 6.2.1 Provide liaison between SCPPA and the SCPPA Participants at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects. 6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5. 6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committee. 6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement. 6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement. 6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement. 6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project. 6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures, and protocols for the administration of the Project or Project Agreements, including rules, procedures, and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, and crediting of Facility Products and the handling and crediting of Environmental Attributes associated with the Project. 6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar energy related data, electric generation information, solar energy production data, battery storage performance data, technical information, facility reliability data, transmission information, forecasting, scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others. 6.2.10 Review, and, if appropriate, modify, approve, or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility Products. 6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities. 6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement. 6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate. 6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate. 6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities of all SCPPA Participants. 6.2.16 Review and act upon any matters involving any of the Power Purchase Agreement, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith. 6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement. 6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products to the Point of Delivery or to other points or destinations, as applicable, directly or through the XXXX. 6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements. 6.2.20 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energy. 6.2.21 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts. 6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share. 6.2.23 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project.
Appears in 2 contracts
Samples: Power Sales Agreement, Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Participants at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating CommitteeCommittee or pursuant to any applicable agreement.
6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty counterparties under the Power Purchase Agreement and Security Agreements or any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project.
6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products Output and the handling and crediting of Environmental Attributes associated with the Project.
6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar energy related data, electric generation information, solar energy production data, battery storage performance data, and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix Attachment I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy Generation under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities needs of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the applicable Power Purchase Agreementand Security Agreements, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products Output to the Point of Delivery or of from any of the Point of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energyother.
6.2.21 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and Output Shares, the Participant Facility Products Output Cost Shares and associated capacity amounts set forth in Appendix Attachment B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its a Participant Facility Products Output Share, Participant Facility Output Cost Share and its associated capacity amount unless such adjustment is due to the Default of any Participant Facility Products Cost Share(including Purchaser) under Section 11 of this Agreement.
6.2.23 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, the Power Purchase and Security Agreement or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, 6.1 the Coordinating Committee shall have the following responsibilities:
6.2.1 6.1.1 Provide liaison between SCPPA and the SCPPA Project Participants at the management or other levels with respect to the operation and ongoing administration of the Project Project, and maintain a liaison between the SCPPA Project Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 6.1.2 If any desired Project design, feasibility or planning studies or activities which are to be completed by SCPPA have not been completed by the Effective Date of this Agreement, oversee, as appropriate, the continuation and completion of such Project design, feasibility or planning studies or activities.
6.1.3 Exercise general supervision over any subcommittee established pursuant to Section 6.56.3.5.
6.2.3 6.1.4 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committeepursuant to any applicable agreement.
6.2.4 6.1.5 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 6.1.6 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement.
6.2.7 6.1.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the development, operation and ongoing administration of the Project.
6.2.8 6.1.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the Facility or an ownership interest therein and the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products Output and the handling and crediting of Environmental Attributes associated with the ProjectFacility.
6.2.9 6.1.9 Review, and, if appropriate, modify, approve or otherwise act upon upon, the form or content of any written statistical, administrative, or operational reports, solar energy related data, electric generation information, solar energy production data, battery storage performance datadiurnal, barometric and meteorological information, solar photovoltaic metallurgic chemical and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, firming, shaping, exchanging, balancing, movement, or other delivery information, climate and weather related matters, cloud conditions, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating CommitteeManager, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 6.1.10 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 6.1.11 Review, modify and approve, if appropriatenecessary, any the schedule of planned activities formulated by the Project Manager or the counterparty with respect to the performance of any Project Agreement, including the policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In formulating and approving such activitiesschedules, consideration may be given, if possible, to each SCPPA Project Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 6.1.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 6.1.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of change to the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 6.1.14 Review, approve or otherwise act upon any proposed extension or modification of any date set forth in Appendix I of the Power Purchase Agreement or of any Milestone under the Power Purchase Agreement which, in the discretion of the Coordinating Committee, may be appropriate, desirable or otherwise in SCPPA’s interest. The Coordinating Committee may impose other conditions or qualifications upon the grant of any such extension as the Coordinating Committee shall deem appropriate.
6.1.15 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy Production under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review6.1.16 Act upon such recommended changes, as the Coordinating Committee shall deem appropriate., including changes to Appendix B when necessary to reflect a reallocation of Contract Shares after termination of a Defaulting Project Participant’s rights and if appropriate, recommend, modify or approve practices and procedures formulated by obligations in the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the Power Purchase Agreement, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products to the Point of Delivery or to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energy.
6.2.21 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share.
6.2.23 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project.section
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Participants at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating CommitteeCommittee or pursuant to any applicable agreement.
6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty counterparties under the Power Purchase Agreement and Security Agreements or any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project.
6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products Output and the handling and crediting of Environmental Attributes associated with the Project.
6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar geothermal energy related data, electric generation information, solar geothermal energy production data, battery storage performance data, and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I 1 of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy Generation under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities needs of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the applicable Power Purchase Agreementand Security Agreements, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products Output to the Point of Delivery or of from any of the Point of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energyother.
6.2.21 6.2.20 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement carry forth the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts.
6.2.22 6.2.21 Review and approve approve, by resolution, adjustments to the Participant Facility Products Output Shares, the Particpant Facility Output Cost Shares and the Participant Facility Products Cost Shares associated capacity amounts set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its a Participant Facility Products Output Share, Particpant Facility Output Cost Share and its associated capacity amount unless such adjustment is due to the Default of any Participant Facility Products Cost Share(including Purchaser) under Section 11 of this Agreement.
6.2.23 6.2.22 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, the Power Purchase and Security Agreement or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Participants at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committee.
6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty under the Power Purchase Agreement or Provider and any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project.
6.2.8 Review, develop, and and, if appropriate, modify and approve approve, rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products and the handling and crediting of Environmental Attributes Output associated with the Project.
6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar geothermal energy related data, electric generation information, solar geothermal energy production data, battery storage performance data, and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging EnergyOutput. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products Output to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to to, the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth the Guaranteed Commencement Date (as defined in Appendix I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement Agreement) as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Annual Delivered Energy under (as defined in the Power Purchase Agreement Agreement) in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the applicable Power Purchase Agreement, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products Output to the Point of Delivery or to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and and, where appropriate, recommend or approve all Consent Agreements.
6.2.20 Review, examine examine, modify and and, where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energy.
6.2.21 Review, modify and and, where appropriate, recommend or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Output Share, Purchaser’s Participant Facility Products Output Cost Share and the or any Capacity Rights associated SCPPA capacity amountstherewith.
6.2.22 Review and approve adjustments to the Participant Facility Products Output Shares and the Participant Facility Products Output Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that any such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Purchaser’s Participant Facility Products Output Share and its or Purchaser’s Participant Facility Products Output Cost Share.
6.2.23 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to in connection with the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.16.1 and to the extent not within the responsibilities of the Buyers Joint Project Committee as provided under the Buyers Joint Project Agreement, the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Participants at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating CommitteeCommittee or pursuant to any applicable agreement.
6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty counterparties under the Power Purchase Agreement and Security Agreements or any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project.
6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, dispatching and crediting of SCPPA’s Percentage of Facility Products Output and the handling and crediting of Environmental Attributes associated with the ProjectSCPPA’s Percentage of Facility Output.
6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar geothermal energy related data, electric generation information, solar geothermal energy production data, battery storage performance data, and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale Percentage of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I 1 of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy Generation under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities needs of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the applicable Power Purchase Agreementand Security Agreements, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the SCPPA Percentage of Facility Products Output to the Point of Delivery or of from any of the Point of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energyother.
6.2.21 6.2.20 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement carry forth the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require .
6.2.21 Review and approve by resolution adjustments to the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s SCPPA Participant Facility Products ShareOutput Shares, Purchaser’s the SCPPA Participant Facility Products Output Cost Share Shares, and the associated SCPPA capacity amounts.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares amounts set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Purchaser’s SCPPA Participant Facility Products Output Share, Purchaser’s SCPPA Participant Facility Output Cost Share and its the associated SCPPA capacity amounts, unless such adjustment is due to the Default of any SCPPA Participant Facility Products Cost Share(including Purchaser) under Section 11 of this Agreement.
6.2.23 6.2.22 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, the Power Purchase and Security Agreement or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.16.1 and to the extent not within the responsibilities of the Buyers Joint Project Committee as provided under the Buyers Joint Project Agreement, the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Participants Participating Members at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants Participating Members and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating CommitteeCommittee or pursuant to any applicable agreement.
6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants Participating Members or the parties to any Project Agreements including, without limitation, the Power Purchase ProviderSeller, the counterparty counterparties under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the SCPPA Participating Members, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project.
6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, and crediting of Facility Products and the handling and crediting of Environmental Attributes associated with the Project.
6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar biomass energy related data, electric generation information, solar biomass energy production data, battery storage performance data, and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 Review, and, if appropriate, modify, approve, or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility Products[Omitted.]
6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate[Omitted.]
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy under matters involving the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the any other Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the Power Purchase Agreement, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider Seller or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 6.2.15 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 6.2.16 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the SCPPA Percentage of Facility Products Capacity to the Point of Delivery or of from any of the Point of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 6.2.17 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energyof transmission.
6.2.21 6.2.18 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement carry forth the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA ParticipantsParticipating Members, provided that the Coordinating Committee shall take no action with respect to the possible provision of Supplementary Services unless and until a SCPPA Participating Member makes a specific request that SCPPA provide such Supplementary Services.
6.2.19 Review and approve adjustments to the SCPPA Participant Entitlement Shares, and associated SCPPA capacity amounts set forth in Appendix B when and as required by this Agreement; provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s SCPPA Participant Facility Products Entitlement Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share.
6.2.23 6.2.20 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, Agreement or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the ProjectProject or the SCPPA Participating Members.
Appears in 1 contract
Samples: Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, 6.1 the Coordinating Committee shall have the following responsibilities:
6.2.1 6.1.1 Provide liaison between SCPPA and the SCPPA Project Participants at the management or other levels with respect to the operation and ongoing administration of the Project Project, and maintain a liaison between the SCPPA Project Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 6.1.2 If any desired Project design, feasibility or planning studies or activities which are to be completed by SCPPA have not been completed by the Effective Date of this Agreement, oversee, as appropriate, the continuation and completion of such Project design, feasibility or planning studies or activities.
6.1.3 Exercise general supervision over any subcommittee established pursuant to Section 6.56.3.5.
6.2.3 6.1.4 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committeepursuant to any applicable agreement.
6.2.4 6.1.5 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 6.1.6 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement.
6.2.7 6.1.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the development, operation and ongoing administration of the Project.
6.2.8 6.1.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the Facility or an ownership interest therein and the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products Output and the handling and crediting of Environmental Attributes associated with the ProjectFacility.
6.2.9 6.1.9 Review, and, if appropriate, modify, approve or otherwise act upon upon, the form or content of any written statistical, administrative, or operational reports, solar energy related data, electric generation information, solar energy production data, battery storage performance datadiurnal, barometric and meteorological information, solar photovoltaic metallurgic chemical and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, firming, shaping, exchanging, balancing, movement, or other delivery information, climate and weather related matters, cloud conditions, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating CommitteeManager, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 6.1.10 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 6.1.11 Review, modify and approve, if appropriatenecessary, any the schedule of planned activities formulated by the Project Manager or the counterparty with respect to the performance of any Project Agreement, including the policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In formulating and approving such activitiesschedules, consideration may be given, if possible, to each SCPPA Project Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 6.1.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 6.1.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of change to the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 6.1.14 Review, approve or otherwise act upon any proposed extension or modification of any date set forth in Appendix I of the Power Purchase Agreement or of any Milestone under the Power Purchase Agreement which, in the discretion of the Coordinating Committee, may be appropriate, desirable or otherwise in SCPPA’s interest. The Coordinating Committee may impose other conditions or qualifications upon the grant of any such extension as the Coordinating Committee shall deem appropriate.
6.1.15 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy Production under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 6.1.16 Act upon such recommended changes, as the Coordinating Committee shall deem appropriate., including changes to Appendix B when necessary to reflect a reallocation of Contract Shares after termination of a Defaulting Project Participant’s rights and obligations in the Project pursuant to section 9.4 of this Agreement or an assignment of a Participant’s rights and obligations under section 16 of this Agreement. Any such change to Appendix B shall be considered an element of the administration of this Agreement and not an amendment requiring the consent of the Parties hereto.
6.1.17 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, Manager or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities needs of all SCPPA Project Participants.
6.2.16 Review 6.1.18 Review, and, if appropriate, recommend, modify or approve practices and act upon procedures formulated by the Project Manager or any matters involving counterparty with respect to any of the Power Purchase Project Agreement, and when requested by a Project Participant review, and, if appropriate, recommend, modify or approve those matters associated with any guarantee or letter Point of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider Delivery or any other point or points designated for delivery of energy, delivery arrangements, transmission contracts, or other Project Agreements.
6.1.19 Review, and, if appropriate, recommend, modify or approve policies or programs formulated by the Project Manager, any counterparty to under any Project Agreement in connection with or any other Person for the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewithexchange of energy from the Facility.
6.2.17 6.1.20 Review, and, if appropriate, recommend, modify, or approve policies or programs formulated by the Project Manager or any counterparty under any Project Agreement for determining or estimating the solar energy resources or the values, quantities, volumes or costs of renewable energy from the Facility.
6.1.21 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 6.1.22 Review, modify and approve SCPPA’s insurance program with respect to the Project (as applicable) including, without limitation, the establishment of any self-insurance program and the maximum amount or amounts of any uninsured claim that the Project Manager may settle without prior approval of the Coordinating Committee.
6.1.23 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products Output to the Point respective Points of Delivery or from any of the Points of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 6.1.24 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energycontemplated in the Power Purchase Agreement.
6.2.21 6.1.25 Review, and to the extent permitted by this Agreement or any other relevant agreement relating to the Project, modify and where appropriateapprove or disapprove the specifications, recommend vendors’ proposals, bid evaluations, form of final agreement, or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amountsother matters.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share.
6.2.23 6.1.26 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, or any the Ancillary Documents, other applicable Project Agreement Agreements, or as may otherwise be appropriate or beneficial to the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, the The Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Project Participants at the management or other levels with respect to the Acquisition, further developments, operation and ongoing administration of the Project Project, and maintain a liaison between the SCPPA Project Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Determine whether to carry forth any Project design, feasibility, planning or modeling studies or activities and oversee the progress and completion of such Project design, feasibility, planning or modeling studies or activities.
6.2.3 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 6.2.4 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committeepursuant to any applicable agreement.
6.2.4 6.2.5 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 6.2.6 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the development, operation and ongoing administration of the Project.
6.2.8 Review, discuss and attempt to resolve any disputes among the Project Participants and the WECC, the NERC, the BPA or any of the counterparties to any Project Agreements including, without limitation, the Power Purchase Provider and the Transmission Provider.
6.2.9 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project AgreementsPower Purchase Agreement, including rules, procedures, procedures and protocols for the management of the costs of Facility Output and the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products Output.
6.2.10 Review, develop, and if appropriate modify and approve rules, procedures and protocols for the monitoring, inspection and the handling exercise of due diligence activities in connection with Acquisitions relating to the Project and crediting the operation of Environmental Attributes associated with the Project.
6.2.9 6.2.11 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar energy related wind data, electric generation information, solar wind and energy production data, battery storage performance data, wind turbine mechanical and technical information, facility wind turbine reliability data, transmission information, forecasting, scheduling, dispatching, tagging, parking, firming, exchanging, balancing, movement, or other delivery information, meteorological, climate and weather wind related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating CommitteeManager, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 6.2.12 In coordination with the Board of Directors, review, and, if appropriate, recommend, modify or approve procedures, and protocols to carry forth the provisions of Article 5 of the Power Purchase Agreement and Section 10 of this Agreement.
6.2.13 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility ProductsOutput.
6.2.14 Investigate, review, discuss, and, if appropriate, act upon developments affecting SCPPA’s or the Power Purchase Provider’s obligations concerning credit under Article 8 of the Power Purchase Agreement, including the control actions to be taken with respect to any Downgrade Event and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products obligations with respect to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsSecurity.
6.2.11 6.2.15 Review, modify and approve, if appropriate, any the schedule of planned activities formulated by the Project Manager or the counterparty with respect to the performance of any Project Agreement, including the policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In formulating and approving such activitiesschedules, consideration may be given, if possible, to each SCPPA Project Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect 6.2.16 Act upon such recommended changes in the allocation of Facility Output pursuant to the exercise operation of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement Section 15 as the Coordinating Committee shall deem to be desirable, appropriate or otherwise as set forth in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy under Section 15 of the Power Purchase Agreement Sales Agreements. Such changes as may occur in such manner as with respect to Appendix B herein shall be considered an element of the Coordinating Committee administration of this Agreement and shall deem appropriatebe deemed an amendment of this Agreement and shall not require the consent of the Parties hereto.
6.2.15 6.2.17 Review, and and, if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, Manager or by any a counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities needs of all SCPPA Participantseach Project Participant.
6.2.16 Review 6.2.18 Review, and, if appropriate, recommend, modify or approve the funding levels and act upon any matters involving any amounts to be held in the Operating Reserve and such other reserves as in the judgment of the Power Purchase AgreementCoordinating Committee are consistent with Prudent Utility Practices.
6.2.19 Review, any guarantee and, if appropriate, recommend, modify or letter of credit delivered to or for the benefit of SCPPA approve practices and procedures formulated by the Power Purchase Provider Project Manager or any other counterparty with respect to any Project Agreement in connection with and when requested by a Project Participant review, and, if appropriate, recommend, modify or approve issues associated the Project, Point of Delivery or delivery arrangements and take such actions any related amendments or make such recommendations as may be appropriate supplementations to the Power Purchase Agreement or desirable in connection therewithany Project Agreement.
6.2.17 6.2.20 Review, and, if appropriate, recommend, modify or approve policies or programs formulated by the Project Manager, any counterparty under any Project Agreement or any other person or entity for the exchange of energy from the Facility.
6.2.21 Review, and, if appropriate, recommend, modify, or approve policies or programs formulated by the Project Manager or any counterparty under any Project Agreement for determining or estimating wind resources or the values, quantities, volumes or costs of renewable energy.
6.2.22 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 6.2.23 Review, modify and where appropriate, recommend approve all unbudgeted costs which may arise and submit to the Board of Directors any budget revisions or approve the implementation of metering technologies and methodologies appropriate other provisions for the delivery, accounting for, transferring and crediting of the Facility Products to the Point of Delivery payment or to other points or destinations, as applicable, directly or through the XXXXfinancing thereof.
6.2.19 6.2.24 Review, modify and where appropriateapprove SCPPA’s insurance program with respect to the Project including, recommend without limitation, the establishment of any self-insurance program and the maximum amount or approve all Consent Agreementsamounts of any uninsured claim that the Project Manager may settle without prior approval of the Coordinating Committee.
6.2.20 6.2.25 Identify, or develop criteria to identify, contracts or agreements relating to work or Operating Work that shall be deemed to be Major Contracts.
6.2.26 Review, examine and to the extent permitted by this Agreement or any other relevant agreement relating to the Project, modify and where appropriateapprove or disapprove the specifications, recommend vendors’ proposals, bid evaluations, form of final agreement, or approve the implementation of methods for addressing curtailments any other matters with respect to Major Contracts under any applicable project management or other interruptions having a tendency to cause Deemed Generated EnergyProject Agreement.
6.2.21 6.2.27 Review, modify and where appropriate, recommend or approve recommendations, including recommendations of the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable Project Manager with respect to any of the SCPPA Participantsactions, provideddisposition or use, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Shareany, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amountsrelating to Acquisition activities.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share.
6.2.23 6.2.28 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, the Transmission Assignments or any other applicable Project Agreement Agreement, or as may otherwise be appropriate or beneficial to the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.1, 6.1 the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Project Participants at the management or other levels with respect to the Acquisition, further developments, operation and ongoing administration of the Project Project, and maintain a liaison between the SCPPA Project Participants and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 If any desired Project design, feasibility or planning studies or activities which are to be completed by SCPPA have not been completed by the Effective Date of this Agreement, oversee, as appropriate, the continuation and completion of such Project design, feasibility or planning studies or activities.
6.2.3 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 6.2.4 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating Committeepursuant to any applicable agreement.
6.2.4 6.2.5 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 6.2.6 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 6.2.7 Review, discuss and attempt to resolve any disputes among the SCPPA Project Participants or the parties to any Project Agreements including, without limitation, the Power Purchase Provider, the counterparty counterparties under the Power Purchase Agreement and Security Agreements, the Lease, the Security Instruments, any rights-of-way with respect to the Project, any agreement providing for any interest in real estate with respect to the Project, any common facilities agreements, any transmission provider, any Boulder City, Nevada or Xxxxx County, Nevada officials or representatives, any community organizations, or any other counterparty with respect to any Project AgreementAgreement relating to the Project.
6.2.7 6.2.8 Make recommendations to the Project Manager, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the development, operation and ongoing administration of the Project.
6.2.8 6.2.9 Upon the request of the Project Participants affected thereby, acting by and through their respective representatives on the Coordinating Committee and in coordination with SCPPA’s Board of Directors, adopt a resolution approving the revisions of Appendices A, B and C, as applicable, of this Agreement as provided in and subject to the provisions of Sections 21.1 and 21.2.
6.2.10 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, procedures and protocols for the management of the costs of the Facility or an ownership interest therein and the scheduling, handling, tagging, dispatching, dispatching and crediting of Facility Products Output and the handling and crediting of Environmental Attributes associated with the ProjectFacility.
6.2.9 6.2.11 Review, develop, and if appropriate modify and approve rules, procedures and protocols for the monitoring, inspection and the exercise of due diligence activities in connection with the Acquisitions relating to the Project and the operation of the Facility.
6.2.12 Review, and, if appropriate, modify, approve or otherwise act upon upon, the form or content of any written statistical, administrative, or operational reports, solar energy related data, electric generation information, solar energy production data, battery storage performance datadiurnal, barometric and meteorological information, solar photovoltaic metallurgic chemical and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, firming, shaping, exchanging, balancing, movement, or other delivery information, climate and weather related matters, cloud conditions, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating CommitteeManager, or by the counterparties to Project Agreements, experts, consultants or others.
6.2.10 6.2.13 In coordination with the Board of Directors, review, and, if appropriate, recommend, modify or approve rules, procedures, and protocols as provided in Section 10.3.
6.2.14 Review, and, if appropriate, modify, approve, approve or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility ProductsOutput.
6.2.11 6.2.15 Review, modify and approve, if appropriatenecessary, any the schedule of planned activities formulated by the Project Manager or the counterparty with respect to the performance of any Project Agreement, including the policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In formulating and approving such activitiesschedules, consideration may be given, if possible, to each SCPPA Project Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 6.2.16 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 6.2.17 In connection with the Lease, the Amendment to the Lease Agreement and Consent to Grant of PPA Purchase Option, Development Agreement, Amendment to Development Agreement, and the Estoppel Certificate, review, exercise, or otherwise act upon any cure rights provided under such instruments or Section 14.7 of the Power Purchase Agreement or take such other action under the Power Purchase Agreement or the Power Purchase and Security Agreements, or otherwise, in connection with the Lease as may be deemed to be in SCPPA’s interest or otherwise appropriate.
6.2.18 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of change to the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate.
6.2.14 6.2.19 Review, approve or otherwise act upon any proposed extension or modification of any date set forth in Appendix I of the Power Purchase Agreement or of any Milestone under the Power Purchase Agreement which, in the discretion of the Coordinating Committee, may be appropriate, desirable or otherwise in SCPPA’s interest. The Coordinating Committee may impose other conditions or qualifications upon the grant of any such extension as the Coordinating Committee shall deem appropriate.
6.2.20 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy Generation under the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 6.2.21 Act upon such recommended changes, as the Coordinating Committee shall deem appropriate as set forth in Section 15.5 of the Power Sales Agreements. Such changes as may occur in such manner with respect to Appendices A, B and C herein shall be considered an element of the administration of this Agreement and shall not be deemed an amendment of this Agreement and shall not require the consent of the Parties hereto.
6.2.22 Review, and if appropriate, approve, recommend, modify or otherwise act upon any matters or issues associated with Operating Work and any other matters or issues which may arise in the operation, maintenance or administration of the Project.
6.2.23 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager, as requested by the Coordinating Committee, Manager or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities needs of all SCPPA Project Participants.
6.2.16 6.2.24 Review and act upon any matters involving any Security and Assignment Agreement, including but not limited to the Performance Security, any of the applicable Power Purchase Agreementand Security Agreements, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 6.2.25 Review, and, if appropriate, recommend, modify or approve practices and procedures formulated by the Project Manager or any counterparty with respect to any Project Agreement, and when requested by a Project Participant review, and, if appropriate, recommend, modify or approve those matters associated with any Point of Delivery or any other point or points designated for delivery of energy, delivery arrangements, transmission contracts, or other Project Agreements.
6.2.26 Review, and, if appropriate, recommend, modify or approve policies or programs formulated by the Project Manager, any counterparty under any Project Agreement or any other Person for the exchange of energy from the Facility.
6.2.27 Review, and, if appropriate, recommend, modify, or approve policies or programs formulated by the Project Manager or any counterparty under any Project Agreement for determining or estimating the solar energy resources or the values, quantities, volumes or costs of renewable energy from the Facility.
6.2.28 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 6.2.29 Review, modify and approve all Cost of Acquisition and costs of Operating Work and submit to the Board of Directors any budget revisions or other provisions for the payment or financing thereof.
6.2.30 Review, modify and approve SCPPA’s insurance program with respect to the Project (as applicable) including, without limitation, the establishment of any self-insurance program and the maximum amount or amounts of any uninsured claim that the Project Manager may settle without prior approval of the Coordinating Committee.
6.2.31 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Facility Products Output to the Point respective Points of Delivery or from any of the Points of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 . 6.2.32 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a any tendency to cause Deemed Generated Delivered Energy.
6.2.21 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA Participants, provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s Participant Facility Products Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share.
6.2.23 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the Project.
Appears in 1 contract
Samples: Power Sales Agreement
Coordinating Committee Responsibilities. In addition to those responsibilities enumerated in Section 6.16.1 and to the extent not within the responsibilities of the Buyers Joint Project Committee as provided under the Buyers Joint Project Agreement, the Coordinating Committee shall have the following responsibilities:
6.2.1 Provide liaison between SCPPA and the SCPPA Participants Participating Members at the management or other levels with respect to the ongoing administration of the Project and maintain a liaison between the SCPPA Participants Participating Members and all other SCPPA members with respect to the Project, and where the Coordinating Committee deems it appropriate, maintain a liaison with the counterparties to any Project Agreements and with any other entities or utilities engaged in or in connection with other renewable energy projects.
6.2.2 Exercise general supervision over any subcommittee established pursuant to Section 6.5.
6.2.3 Review, develop, discuss, and, if appropriate, recommend, modify or approve all budgets and revisions thereof prepared and submitted by SCPPA or the Project Manager at the request of the Coordinating CommitteeCommittee or pursuant to any applicable agreement.
6.2.4 Review, develop, discuss, and, if appropriate, modify, approve or otherwise act upon any systems or procedures for adjustment of the Annual Budget or any alternative methodologies for budgeting or billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.5 Carry out all other actions reposed in the Coordinating Committee with respect to budgeting and billing as set forth in Section 5 and Section 7 of this Agreement.
6.2.6 Review, discuss and attempt to resolve any disputes among the SCPPA Participants Participating Members or the parties to any Project Agreements including, without limitation, the Power Purchase ProviderSeller, the counterparty counterparties under the Power Purchase Agreement or any other counterparty with respect to any Project Agreement.
6.2.7 Make recommendations to the Project Manager, the SCPPA Participating Members, the Board of Directors or to the counterparties to any of the Project Agreements, as appropriate, with respect to the ongoing administration of the Project.
6.2.8 Review, develop, and if appropriate, modify and approve rules, procedures, procedures and protocols for the administration of the Project or Project Agreements, including rules, procedures, and protocols for the management of the costs of the scheduling, handling, tagging, dispatching, and crediting of Facility Products and the handling and crediting of Environmental Attributes associated with the Project.
6.2.9 Review, and, if appropriate, modify, approve or otherwise act upon the form or content of any written statistical, administrative, or operational reports, solar biomass energy related data, electric generation information, solar biomass energy production data, battery storage performance data, and technical information, facility reliability data, transmission information, forecasting, forecasting scheduling, dispatching, tagging, parking, exchanging, balancing, movement, or other delivery information, climate and weather related matters, regulatory matters or requirements, and other information and other similar records or matters pertaining to the Project which are furnished to the Coordinating Committee by the Project Manager as requested by the Coordinating Committee, or by the counterparties to Project Agreements, experts, consultants or othersProject.
6.2.10 Review, and, if appropriate, modify, approve, or otherwise act upon, practices and procedures as formulated by the Project Manager as requested by the Coordinating Committee or, if applicable, the counterparty to any Project Agreement, to be followed by the SCPPA Participants for, among other things, the production, scheduling, tagging, transmission, delivery, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale or disposition of Facility Products, including the control and use of the XXXX, and the supply, scheduling and use of Grid-Charging Energy. For avoidance of doubt, upon SCPPA’s delivery and sale of Facility Products to Purchaser at the Point of Delivery, Purchaser shall have full unilateral rights to remarket, sell or otherwise dispose of such Facility Products[Omitted.]
6.2.11 Review, modify and approve, if appropriate, any activities with respect to the performance of any Project Agreement, including policies for selection and utilization of contractors and consultants included in the budgets with respect to the Project. In approving such activities, consideration may be given, if possible, to each SCPPA Participant’s electric power system conditions, which may prevail during such planned activities.
6.2.12 Review, and, if appropriate, recommend, modify, approve or otherwise act with respect to the exercise of SCPPA’s rights under the Power Purchase Agreement or review, recommend, approve or otherwise act with respect to the procurement of resources in connection with the Power Purchase Agreement.
6.2.13 Review, modify, approve or otherwise act upon any proposed change, extension or modification of any date set forth in Appendix I of the Power Purchase Agreement of the milestone schedule or to any Milestone under the Power Purchase Agreement as the Coordinating Committee shall deem to be desirable, appropriate or otherwise in SCPPA’s interest. The Coordinating Committee may impose such other terms, conditions or qualifications upon any such action as the Coordinating Committee shall deem appropriate[Omitted.]
6.2.14 Review and act upon any present, potential or possible future anticipated failure to deliver Guaranteed Delivered Energy under matters involving the Power Purchase Agreement in such manner as the Coordinating Committee shall deem appropriate.
6.2.15 Review, and if appropriate, recommend, modify or approve practices and procedures formulated by the any other Project Manager, as requested by the Coordinating Committee, or by any counterparty to any Project Agreements giving due recognition to the needs, rights and electric system requirements and capabilities of all SCPPA Participants.
6.2.16 Review and act upon any matters involving any of the Power Purchase Agreement, any guarantee or letter of credit delivered to or for the benefit of SCPPA by the Power Purchase Provider Seller or any other counterparty to any Project Agreement in connection with the Project, and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
6.2.17 6.2.15 Review, modify or approve recommendations of the Project Manager or counterparties made pursuant to the provisions of any Project Agreement.
6.2.18 6.2.16 Review, modify and where appropriate, recommend or approve the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the SCPPA Percentage of Facility Products Capacity to the Point of Delivery or of from any of the Point of Delivery to other points or destinations, as applicable, directly or through the XXXX.
6.2.19 Review, modify and where appropriate, recommend or approve all Consent Agreements.
6.2.20 6.2.17 Review, examine modify and where appropriate, recommend or approve the implementation of methods for addressing curtailments or other interruptions having a tendency to cause Deemed Generated Energyof transmission.
6.2.21 6.2.18 Review, modify and where appropriate, recommend or approve the implementation of practices and procedures to implement carry forth the provisions of Section 9 herein, as may be applicable with respect to any of the SCPPA ParticipantsParticipating Members, provided that the Coordinating Committee shall take no action with respect to the possible provision of Supplementary Services unless and until a SCPPA Participating Member makes a specific request that SCPPA provide such Supplementary Services.
6.2.19 Review and approve adjustments to the SCPPA Participant Entitlement Shares, and associated SCPPA capacity amounts set forth in Appendix B when and as required by this Agreement; provided, that such action shall require the affirmative vote of Purchaser’s representative if such adjustment would change Purchaser’s SCPPA Participant Facility Products Entitlement Share, Purchaser’s Participant Facility Products Cost Share and the associated SCPPA capacity amounts.
6.2.22 Review and approve adjustments to the Participant Facility Products Shares and the Participant Facility Products Cost Shares set forth in Appendix B of this Agreement when and as required by this Agreement; provided, that such resolution shall require the affirmative vote of Purchaser’s representative if such adjustment would change its Participant Facility Products Share and its Participant Facility Products Cost Share.
6.2.23 6.2.20 Perform such other functions and duties as may be provided for under this Agreement, the Power Purchase Agreement, Agreement or any other applicable Project Agreement or as may otherwise be appropriate or beneficial to the ProjectProject or the SCPPA Participating Members.
Appears in 1 contract
Samples: Sales Agreement
