Description of the Nonconforming Language. The last paragraph of Schedule C to the Meadow Lake VI ISA includes non- standard terms and conditions stating: Any discrepancies or data errors associated with any data submission for settlement purposes by or on behalf of Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and Meadow Lake V to Transmission Provider, any inaccurate payment(s) by Transmission Provider to Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and Interconnection, L.L.C., Letter Order, Docket No. ER16-1519-000 (June 15, 2016) (“Meadow Lake IV/V ISA”). 10 Additionally, as shown on Schedule B and Schedule F paragraph A.2 to the Meadow Lake VI ISA, the Shared Facilities include an approximately 6.5-mile 345 kV radial line jointly owned by Meadow Lake VI, Meadow Lake IV, and Meadow Lake V. Xxxxxxxx X. Xxxx, Secretary October 10, 2018 Meadow Lake V based on an erroneous data submission by or on behalf of Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and Meadow Lake V to Transmission Provider, and any disputes between Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and/or Meadow Lake V associated with any discrepancy or error in meter data, shall be resolved solely between the Interconnection Customer and/or Meadow Lake I, Meadow Lake IV and/or Meadow Lake V, as relevant. This language has been included because there are four Interconnection Customers behind the same Point of Interconnection that individually may be participating in the PJM markets. Consequently, Schedule C provides that, for settlement purposes, Meadow Lake I, Meadow Lake IV, Meadow Lake V, and Meadow Lake VI individually will be responsible for submitting pro rata metering data for their own Customer Facilities and PJM shall pay each Interconnection Customer based solely on such data. 11 Because the Interconnection Customers are responsible for submitting their own pro rata data, and PJM is relying solely on that data for payments to each Interconnection Customer, it is reasonable and appropriate that any errors in payment by PJM to the Interconnection customers based on inaccurate submitted data be resolved between the Interconnection Customers. This language is also consistent with the nonconforming provision in paragraph A.4 of Schedule F of the Meadow Lake VI ISA, which states that “all issues . . . regarding invoices, disbursements, operations, maintenance, liability and all other matters related to their respective Customer Facilities or the Shared Facilities ...
Description of the Nonconforming Language. As mentioned above, the Great Bay Solar ISA contains nonconforming language and a schedule of charges in Schedule E. First, section 6.3 provides that failure by the Interconnection Customer to satisfy the milestone dates for commercial operation (without an extension or suspension) shall not be considered a default of the Great Bay Solar ISA, but at the sole discretion of PJM may result in a reduction in the total Interconnection Service provided under the Great Bay Solar ISA and the PJM Tariff to the total installed capability and a reduction in Capacity Interconnection Rights. These provisions are just and reasonable and the Commission has previously accepted for filing agreements with similar nonconforming language.7 Second, section 2.1 of the Specifications provides for 57 MW of Capacity Interconnection Rights on an interim basis during the time period from June 26, 2015 to May 31, 2018 (the “interim time period”). Any interim Capacity Interconnection Rights awarded during the interim time period will be dependent upon the completion and 6 Schedules D and E in Attachment A indicate that some of the language in those schedules have been revised; however, the two sets of schedules are identical.
