Decertification from AB 1613 Program Clause Samples
The "Decertification from AB 1613 Program" clause outlines the procedures and consequences if a facility or project loses its certification under California's AB 1613 program, which provides incentives for certain combined heat and power (CHP) systems. This clause typically details the steps that must be taken if decertification occurs, such as notification requirements, adjustments to contractual obligations, or changes in pricing and eligibility for program benefits. Its core function is to clarify the parties' rights and responsibilities in the event of decertification, thereby managing risk and ensuring both parties understand the implications of losing program status.
Decertification from AB 1613 Program. In the event of Seller’s default pursuant to Section 6.01(b)(vi) due to CEC decertification under the Public Utilities Code 2843, so long as at the time of default, Seller demonstrates qualifying facility status under PURPA and notwithstanding Section 2.02(b), upon termination of this Agreement, Seller’s continued conveyance of Power Product and acceptance of payment shall constitute Seller’s acceptance of any applicable mandatory must-purchase contract available to qualifying facilities under PURPA. Seller shall be paid the short run avoided cost rate for energy and as- available capacity applicable under such contract at the time of decertification.
Decertification from AB 1613 Program. In the event of Seller’s default pursuant to Section 6.01(c)(xvi), due to CEC decertification under Public Utilities Code 2843, so long as at the time of default, Seller demonstrates qualifying facility status under PURPA and notwithstanding Section 2.02(b), upon termination of this Agreement, Seller’s continued conveyance of Power Product and acceptance of payment shall constitute Seller’s acceptance of any applicable mandatory must-purchase contract available to qualifying facilities under PURPA. Seller shall be 1 See D.▇▇-▇▇-▇▇▇ ordering paragraph 5. paid the short run avoided cost rate for energy and as-available capacity applicable under such contract at the time of decertification.
Decertification from AB 1613 Program. In the event of Seller’s default pursuant to Section 6.01(c)(xvi), due to CEC decertification under Public Utilities Code 2843, so long as at the time of default, Seller demonstrates qualifying facility status under PURPA and notwithstanding Section 2.02(b), upon termination of this Agreement, Seller’s continued conveyance of Power Product and acceptance of payment shall constitute Seller’s acceptance of any applicable mandatory must-purchase contract available to qualifying facilities under PURPA. Seller shall be 1 See D.▇▇-▇▇-▇▇▇ ordering paragraph 5. ID #[Number], [Seller’s Name] paid the short run avoided cost rate for energy and as-available capacity applicable under such contract at the time of decertification. ID #[Number], [Seller’s Name]