Delivered Capacity Clause Samples
The Delivered Capacity clause defines the specific amount of goods, services, or resources that a supplier is obligated to provide to a buyer under a contract. In practice, this clause sets measurable limits or minimums for delivery, such as specifying a certain number of units per month or a total volume over the contract term. By clearly outlining these delivery expectations, the clause helps prevent disputes over under-delivery and ensures both parties have a mutual understanding of the supplier’s obligations.
Delivered Capacity a. For purposes of this Agreement, an event’s “Delivered Capacity” shall be defined as the amount of load in kW reduced for each hour in a Demand Response Event. Delivered Capacity for each event hour is calculated as the difference between the measured energy demand and the baseline energy demand. Consumers Energy will use a MISO-approved baseline calculation method. MISO’s default baseline is the Ten-Day Baseline. The Ten-Day Baseline is calculated as the average hourly demand from the previous ten (10) non-weekend non-holiday non-event days prior to the event. Customer is required to reduce the full amount specified as Contracted Capacity for the hourly average of an emergency event. Consumers Energy, at its discretion, can make an adjustment to the baseline determined by the M&V Method of plus or minus 20% based on the energy usage three hours prior to the beginning of the Emergency Event. An alternative baseline may be used, so long as it is pre- approved by MISO. If no Emergency Event is called, the Delivered Capacity will revert to the Contracted Capacity for the DR season. In a Program Period with multiple Emergency Events, the Delivered Capacity will be based on the Customers average event performance during the terms of this Agreement.
Delivered Capacity i. For purposes of this Agreement, an event’s Delivered Capacity shall be defined as the average of the Delivered Capacity for each hour in a Demand Response Event. Delivered Capacity for each event hour is the difference between the measured energy demand and the baseline energy demand, factoring in the performance thresholds described in section 7(b)(ii) below. Consumers Energy will use approved MISO methods of determining baseline energy usage. MISO’s default measurement and verification method (“M&V Method”) is to use the 10-days prior to the event to establish the baseline. Consumers Energy, at its discretion, can make an adjustment to the baseline determined by the M&V Method of plus or minus 20% based on the energy usage three hours prior to the beginning of the Emergency Event.
ii. Delivered Capacity is capped at 120% of Accepted Capacity for each Demand Response Event hour. If Delivered Capacity is less than 70% of Accepted Capacity in a single Demand Response Event hour, then the Delivered Capacity for that Demand Response Event hour will equal zero (0) kW. Consumers or Contractor may, at their sole discretion, remove minimum and maximum caps on a case-by-case basis. If there is more than one (1) Emergency Event during the Program Period, then Delivered Capacity for that Program Period will equal the average of the Delivered Capacity from each Emergency Event hour in the Program Period. If there are no Emergency Event during the Program Period, then Delivered Capacity for that Program Period will equal the performance during the Audit. If an Audit is not called during the Program Period, then Delivered Capacity for that Program Period will equal Customers Accepted Capacity.
iii. For Economic Events, Delivered Capacity is not capped. For each Economic Event called during a Program Period, the Delivered Capacity for that event will equal the average of the Delivered Capacity from each Economic Event hour. If Delivered Capacity is less than 100 kW in a single Demand Response Event hour, then the Delivered Capacity for that Demand Response Event hour will equal zero (0) kW. Consumers or Contractor may, at their sole discretion, remove the minimum 100 kW threshold on a case-by-case basis.
Delivered Capacity. Maximum The maximum Delivered Capacity shall be as follows (“Maximum Delivered Capacity”): For BIP, the Maximum Delivered Capacity shall be 110% of Accepted Capacity for purposes of calculating Capacity Payments. Consultant may, at its discretion, remove any Delivered Capacity Minimum or Delivered Capacity Maximum for a single Demand Response Event on a case-by-case basis as conditions warrant. The foregoing table reflects the current terms and conditions of the SCE Territory Program, which terms and conditions may be amended by Consultant from time to time by providing email notice to City with no further act required by Consultant or City.