Cumulative Hours in Power Generation Mode Sample Clauses

Cumulative Hours in Power Generation Mode. In its review of the Application and the Valleyview TMR Agreement, the Board identified a concern with the wording of Article 3.1(p) of the Agreement. That Article confers a discretion on ATCO Power to operate in Power Generation Mode for up to a total of 14,000 cumulative hours of dispatches (and thereafter on a commercially reasonable basis) if the Dispatch Instruction from the System Controller does not specify either Power Generation or Synchronous Condenser Mode. Where the Dispatch Instruction specifies Synchronous Condenser Mode, ATCO Power may still choose to operate in Power Generation Mode but ATCO Power is not entitled to Power Generation Mode Opportunity Costs. In this latter circumstance, it was unclear to the Board from the wording of the proposed Valleyview TMR Agreement whether the hours in which ATCO Power might choose to operate in Power Generation Mode would count toward the 14,000 cumulative hours, notwithstanding the specific Dispatch Instruction. In its response to BR-EAL-4(d), EAL indicated that the intent of the provision is that only those hours for which ATCO Power accepts a specific Dispatch Instruction to operate in Power Generation Mode shall count towards the 14,000 cumulative hours. EAL confirmed that ATCO Power shared this understanding of the intent of the provision, but proposed the following wording to be added to the end of the provision to provide greater clarity should the Board consider it necessary: …, and the hour(s) that the Facility is operated in Power Generation Mode shall not be included in the 14,000 cumulative hours of dispatches. The Board acknowledges the parties’ mutual understanding of the intent of Article 3.1(p), but considers that greater clarity is desirable in the circumstances. The Board agrees that the additional language proposed by EAL would provide that clarity. EUB Decision 2002-031 (April 30, 2002) • 9 Accordingly, the Board directs EAL to clarify Article 3.1(p) of the Agreement by deleting the period at the end of the Article and replacing it with the following language as proposed by EAL in response to BR-EAL-4(d): […], and the hour(s) that the Facility is operated in Power Generation Mode shall not be included in the 14,000 cumulative hours of dispatches.
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