Common use of Determination of Rated Capacity Clause in Contracts

Determination of Rated Capacity. The Rated Capacity for purposes of calculating the Capacity Payment will be established by testing and adjustment as follows: Not less than five days prior to scheduled commercial operation date, and thereafter during the period beginning June 1 and ending June 30 in each year, the Seller will conduct a four hour performance test of the Facility during operations using installed instrumentation, calibrated by the Seller (except the Electric Metering Equipment which will be calibrated in accordance with CAISO Requirements) to determine the maximum MW output of the Facility as measured at the Delivery Point. In addition, each of the Department and the Seller may request up to two additional tests per year (at any time) utilizing the same four hour test procedures. After each test, the Seller will use performance curves certified by the original equipment manufacturer/architect engineer/vendor to adjust the test results to ISO Conditions. The ISO Condition-adjusted test results will be the “Rated Capacity,” effective on the first day of the month following the month in which the Department receives written notice of the test results or as of the commercial operation date, as the case may be. The Seller will provide forty-eight (48) hours notice to the Department prior to each test, and provide the Department with written notice of the test results and subsequent adjustment to the Contract Quantity within the later of five (5) Business Days of each test or as soon as practicable. The Department is entitled to witness any test of the Facility. The Department may request third party calibration of instrumentation used in any test, and in the event that a deviation equal to or more than 2% is found, the Seller shall bear the cost of such calibration, and if the instrumentation is within 2% deviation then the Department shall bear such cost. The results of the tests shall be used to adjust the Rated Capacity for the purpose of making capacity payments hereunder. Any test pursuant to this Section 2.03 shall be conducted in accordance with the procedures set forth in Appendix C

Determination of Rated Capacity. The Rated Capacity for purposes of calculating the Capacity Payment will be established by testing and adjustment as follows: Not less than five days prior to scheduled commercial operation date, and thereafter during the period beginning June 1 and ending June 30 in each year, the Seller will w ill conduct a four hour performance test of the Facility during operations using installed instrumentation, calibrated by the Seller (except the Electric Metering Equipment which will be calibrated in accordance with CAISO Requirements) to determine the maximum MW output of the Facility as measured at the Delivery Point. In addition, each of the Department and the Seller may request up to two additional tests per year (at any time) utilizing the same four hour test procedures. After each testte st, the Seller will use performance curves certified by the original equipment th e S e lle r w ill u se p e rfo rm a n c e c u rv e s c e rtifie d b y th e o rig in a l e q u ip m e n t manufacturer/architect engineer/vendor to adjust the test results to ISO Conditions. The ISO Condition-adjusted test results will be the “Rated Capacity,” effective on the first day of the month following the month in which the Department receives written notice of the test results or as of the commercial operation date, as the case may be. The Seller will provide forty-eight (48) hours notice to the Department prior to each test, and provide the Department with written notice of the test results and subsequent adjustment to the Contract Quantity within the later of five (5) Business Days of each test or as soon as practicable. The Department is entitled to witness any test of the Facility. The Department may request third party calibration of instrumentation used in any test, and in the event that a deviation equal to or more than 2% is found, the Seller shall bear the cost of such calibration, and if the instrumentation is within 2% deviation then the Department shall bear such cost. The results of the tests shall be used to adjust the Rated Capacity for the purpose of making capacity payments hereunder. Any test pursuant to this Section 2.03 shall be conducted in accordance with the procedures set forth in Appendix C