Common use of Designation as Network Resource Clause in Contracts

Designation as Network Resource. Within fifteen (15) Business Days following the Effective Date, or, in the event the Facility is an On-system QF and there is no interconnection study for the Facility as of the Effective Date, within fifteen (15) days of the date Seller delivers Utility a copy of the interconnection study, Utility will submit an application to Utility Transmission requesting designation of the Facility as a Network Resource, effective as of ninety (90) days before the Scheduled Commercial Operation Date or as soon as practicable after the Effective Date of the Agreement if the Scheduled Commercial Operation Date occurs less than ninety (90) days following the Effective Date, thereby, in either case, authorizing transmission service under Utility’s Network Integration Transmission Service Agreement with Utility Transmission. Utility Transmission may respond that the designation is granted without a study or may require a study to be performed. If the Facility is an Off-System QF and Utility Transmission requires a study to be performed, Utility will notify Seller of the results of the study within five (5) Business Days after Utility’s receipt of the results from Utility Transmission. If Utility is notified in writing by Utility Transmission that designation of the Off-System QF as a Network Resource requires the construction of network upgrades or otherwise requires potential redispatch of other Network Resources of Utility (the “Conditional DNR Notice”), within fifteen (15) Business Days after receiving the Conditional DNR Notice, Utility will notify Seller in writing whether Utility has determined that associated costs should be allocated to Seller and, if so, the amount of the costs (“Cost Allocation Notice”). Seller must notify Utility within fifteen (15) Business Days of receiving the Cost Allocation Notice if it objects to the allocation of the costs in the Cost Allocation Notice (“Cost Allocation Objection Notice”). If Utility timely receives a Cost Allocation Objection Notice under Section 4.2(b), Utility shall initiate a proceeding with the Commission within fifteen (15) Business Days of its receipt of the Cost Allocation Objection Notice by filing its proposed cost allocation determination. The Parties reserve the right to present their respective positions to the Commission as to whether and how the Contract Price or other non-rate terms and conditions of this Agreement should be adjusted in light of the Conditional DNR Notice. Any time between Seller’s receipt of the Cost Allocation Notice and the last day of the fifteen (15)-day period after the Commission issues an order allocating costs of transmission service network upgrades in whole or in part to Seller, by written notice to Utility, Seller may terminate this Agreement or, subject to the requirements of OAR 860-029-0044 and Utility’s Schedule 85, designate an alternate Point of Delivery that is acceptable to Utility upon written notice to Utility. Termination by Seller under this Section 4.2(d) will not be an Event of Default and no damages or other liabilities under this Agreement will be owed by one Party to the other Party; provided, however, that Seller’s right to terminate the Agreement under this Section 4.2(d) will cease following any amendment of this Agreement associated with addressing matters covered under this Section 4.2. In the event the Parties agree to amend the Agreement to address an agreed-upon cost allocation or there is an order by the Commission allocating costs of transmission service network upgrades, if this Agreement is not terminated, the Scheduled Commercial Operation Date, Fixed Price Term, and Term will be extended on a day-for-day basis for each day that occurs from the date of the Cost Allocation Notice and the earlier of the date of any such amendment or date of issuance of an order by the Commission.

Designation as Network Resource. (a) Within fifteen (15) Business Days following the Effective Date, or, in the event the Facility is an On-system QF and there is no interconnection study for the Facility as of the Effective Date, within fifteen (15) days of the date Seller delivers Utility a copy of the interconnection study, Utility will submit an application to Utility Transmission requesting designation of the Facility as a Network Resource, effective as of ninety (90) days before the Scheduled Commercial Operation Date or as soon as practicable after the Effective Date of the Agreement if the Scheduled Commercial Operation Date occurs less than ninety (90) days following the Effective Date, thereby, in either case, authorizing transmission service under Utility’s Network Integration Transmission Service Agreement with Utility Transmission. Utility Transmission may respond that the designation is granted without a study or may require a study to be performed. . (b) If the Facility is an Off-System QF and Utility Transmission requires a study to be performed, Utility will notify Seller of the results of the study within five (5) Business Days after Utility’s receipt of the results from Utility Transmission. If Utility is notified in writing by Utility Transmission that designation of the Off-System QF as a Network Resource requires the construction of network upgrades or otherwise requires potential redispatch of other Network Resources of Utility (the “Conditional DNR Notice”), within fifteen (15) Business Days after receiving the Conditional DNR Notice, Utility will notify Seller in writing whether Utility has determined that associated costs should be allocated to Seller and, if so, the amount of the costs (“Cost Allocation Notice”). Seller must notify Utility within fifteen (15) Business Days of receiving the Cost Allocation Notice if it objects to the allocation of the costs in the Cost Allocation Notice (“Cost Allocation Objection Notice”). . (c) If Utility timely receives a Cost Allocation Objection Notice under Section 4.2(b), Utility shall initiate a proceeding with the Commission within fifteen (15) Business Days of its receipt of the Cost Allocation Objection Notice by filing its proposed cost allocation determination. The Parties reserve the right to present their respective positions to the Commission as to whether and how the Contract Price or other non-rate terms and conditions of this Agreement should be adjusted in light of the Conditional DNR Notice. . (d) Any time between Seller’s receipt of the Cost Allocation Notice and the last day of the fifteen (15)-day 15)- day period after the Commission issues an order allocating costs of transmission service network upgrades in whole or in part to Seller, by written notice to Utility, Seller may terminate this Agreement or, subject to the requirements of OAR 860-029-0044 and Utility’s Schedule 85201, designate an alternate Point of Delivery that is acceptable to Utility upon written notice to Utility. Termination by Seller under this Section 4.2(d) will not be an Event of Default and no damages or other liabilities under this Agreement will be owed by one Party to the other Party; provided, however, that Seller’s right to terminate the Agreement under this Section 4.2(d) will cease following any amendment of this Agreement associated with addressing matters covered under this Section 4.2. In the event the Parties agree to amend the Agreement to address an agreed-agreed- upon cost allocation or there is an order by the Commission allocating costs of transmission service network upgrades, if this Agreement is not terminated, the Scheduled Commercial Operation Date, Fixed Price Term, and Term will be extended on a day-for-day basis for each day that occurs from the date of the Cost Allocation Notice and the earlier of the date of any such amendment or date of issuance of an order by the Commission.

Designation as Network Resource. (a) Within fifteen (15) Business Days following the Effective Date, or, in the event the Facility is an On-system QF and there is no interconnection study for the Facility as of the Effective Date, within fifteen (15) days of the date Seller delivers Utility a copy of the interconnection study, Utility will submit an application to Utility Transmission requesting designation of the Facility as a Network Resource, effective as of ninety (90) days before the Scheduled Commercial Operation Date or as soon as practicable after the Effective Date of the Agreement if the Scheduled Commercial Operation Date occurs less than ninety (90) days following the Effective Date, thereby, in either case, authorizing transmission service under Utility’s Network Integration Transmission Service Agreement with Utility Transmission. Utility Transmission may respond that the designation is granted without a study or may require a study to be performed. . (b) If the Facility is an Off-System QF and Utility Transmission requires a study to be performed, Utility will notify Seller of the results of the study within five (5) Business Days after Utility’s receipt of the results from Utility Transmission. If Utility is notified in writing by Utility Transmission that designation of the Off-System QF as a Network Resource requires the construction of network upgrades or otherwise requires potential redispatch of other Network Resources of Utility (the “Conditional DNR Notice”), within fifteen (15) Business Days after receiving the Conditional DNR Notice, Utility will notify Seller in writing whether Utility has determined that associated costs should be allocated to Seller and, if so, the amount of the costs (“Cost Allocation Notice”). Seller must notify Utility within fifteen (15) Business Days of receiving the Cost Allocation Notice if it objects to the allocation of the costs in the Cost Allocation Notice (“Cost Allocation Objection Notice”). . (c) If Utility timely receives a Cost Allocation Objection Notice under Section 4.2(b), Utility shall initiate a proceeding with the Commission within fifteen (15) Business Days of its receipt of the Cost Allocation Objection Notice by filing its proposed cost allocation determination. The Parties reserve the right to present their respective positions to the Commission as to whether and how the Contract Price or other non-rate terms and conditions of this Agreement should be adjusted in light of the Conditional DNR Notice. SAMPLE (d) Any time between Seller’s receipt of the Cost Allocation Notice and the last day of the fifteen (15)-day 15)- day period after the Commission issues an order allocating costs of transmission service network upgrades in whole or in part to Seller, by written notice to Utility, Seller may terminate this Agreement or, subject to the requirements of OAR 860-029-0044 and Utility’s Schedule 85OR Standard QF Schedule, designate an alternate Point of Delivery that is acceptable to Utility upon written notice to Utility. Termination by Seller under this Section 4.2(d) will not be an Event of Default and no damages or other liabilities under this Agreement will be owed by one Party to the other Party; provided, however, that Seller’s right to terminate the Agreement under this Section 4.2(d) will cease following any amendment of this Agreement associated with addressing matters covered under this Section 4.2. In the event the Parties agree to amend the Agreement to address an agreed-upon cost allocation or there is an order by the Commission allocating costs of transmission service network upgrades, if this Agreement is not terminated, the Scheduled Commercial Operation Date, Fixed Price Term, and Term will be extended on a day-for-day basis for each day that occurs from the date of the Cost Allocation Notice and the earlier of the date of any such amendment or date of issuance of an order by the Commission.

Designation as Network Resource. Within fifteen If the Facility is not already so designated, within five (155) Business Days following the Effective Date, or, in the event the Facility is an On-system QF and there is no interconnection study for the Facility as of the Effective Date, within fifteen (15) days of the date Seller delivers Utility a copy of the interconnection study, Utility PacifiCorp will submit an application to Utility the Transmission Provider requesting designation of the Facility as a Network Resource, effective as of ninety (90) days before the Scheduled Commercial Operation Date or as soon as practicable after the Effective Date of the Agreement if the Scheduled Commercial Operation Date occurs less than ninety (90) days following the Effective Date, thereby, in either case, thereby authorizing transmission service under UtilityPacifiCorp’s Network Integration Transmission Service Agreement with Utility Transmission. Utility the Transmission may respond that the designation is granted without a study or may require a study to be performedProvider. If the Facility is an Off-System QF and Utility Transmission requires a study to be performed, Utility will notify Seller of the results of the study within five (5) Business Days after Utility’s receipt of the results from Utility Transmission. If Utility PacifiCorp is notified in writing by Utility the Transmission Provider that designation of the Off-System QF Facility as a Network Resource requires the construction of transmission system network upgrades or otherwise requires potential redispatch of other Network Resources of Utility PacifiCorp (the “Conditional DNR Notice”), the Parties will promptly meet to determine how such conditions to the Facility’s Network Resource designation may impact the Contract Price or other terms and conditions of this PPA. If, within fifteen sixty (1560) Business Days after receiving days following the date of PacifiCorp’s receipt of the Conditional DNR Notice, Utility the Parties are unable to reach agreement on any necessary adjustments to ensure the Contract Price reflects an “avoided cost” price as determined by the Commission and PURPA, PacifiCorp will notify Seller in writing whether Utility has determined that associated costs should be allocated submit the matter to Seller andthe Commission for a determination on what adjustments, if soany, the amount are appropriate as a result of the costs (“Cost Allocation Conditional DNR Notice”). Seller must notify Utility within fifteen (15) Business Days of receiving the Cost Allocation Notice if it objects to the allocation of the costs in the Cost Allocation Notice (“Cost Allocation Objection Notice”). If Utility timely receives a Cost Allocation Objection Notice under Section 4.2(b), Utility shall initiate a proceeding with the Commission within fifteen (15) Business Days of its receipt of the Cost Allocation Objection Notice by filing its proposed cost allocation determination. The Parties reserve the right to present their respective positions to the Commission as to whether and how the Contract Price or other non-rate terms and conditions of this Agreement should be adjusted in light of the Conditional DNR Notice. Any time between Seller’s receipt In the event of the Cost Allocation Notice and the last day of the fifteen (15)-day period after the Commission issues an order allocating costs of transmission service network upgrades in whole or in part to Seller, by written notice to Utilitya Conditional DNR Notice, Seller may will have the right to terminate this the Agreement or, subject to the requirements of OAR 860-029-0044 and Utility’s Schedule 85, designate an alternate Point of Delivery that is acceptable to Utility upon written notice to Utility. Termination PacifiCorp and such termination by Seller under this Section 4.2(d) will not be an Event of Default and no damages or other liabilities under this Agreement will be owed by one Party to the other Party; provided, however, that Seller’s right to terminate the Agreement under this Section 4.2(d) 4.2 will cease following (a) any amendment of this Agreement associated with addressing matters covered under this Section 4.2. In the event the Parties agree to amend the Agreement to address an agreed-upon cost allocation 4.2 or there is an order by the Commission allocating (b) PacifiCorp incurring costs at Seller’s request in furtherance of transmission service network upgrades, if addressing matters covered under this Agreement is not terminated, the Scheduled Commercial Operation Date, Fixed Price Term, and Term will be extended on a day-for-day basis for each day that occurs from the date of the Cost Allocation Notice and the earlier of the date of any such amendment or date of issuance of an order by the Commission.Section 4.2.‌