Common use of Developer Operating Requirements Clause in Contracts

Developer Operating Requirements. Developer must comply with all applicable NYISO tariffs and procedures, as amended from time to time. The Large Generating Facility is a member of Class Year 2010, which is not completed as of the effective date of this Amended and Restated Interconnection Agreement. If the Attachment Facilities, System Upgrade Facilities, or other upgrades for the Large Generating Facility identified in the Class Year 2010 Interconnection Facilities Study differ in any material way from the facilities identified in the Appendices to this Agreement, the Parties shall amend this Agreement, pursuant to its sections 29.11 and 29.12, to reflect the Attachment Facilities, System Upgrade Facilities, or other upgrades identified in the Class Year 2010 Facilities Study. The Developer shall accept the cost allocated to the Large Generating Facility for SUFs through the Class Year 2010 Interconnection Facilities Study and post any associated security and make any payment required, pursuant to Attachment S of the NYISO OATT. The Large Generating Facility may commence Trial and Commercial Operation prior to the final settlement of the Class Year 2010 Interconnection Facilities Study; and pursuant to this Agreement Developer agrees to accept its cost allocation from the Class Year 2010 Interconnection Facilities Study and post any required security or make any required payment upon final settlement of Class Year 2010. The Developer may not supply Unforced Capacity to the NYCA from the Large Generating Facility until the Developer has complied with the deliverability requirement pursuant to Attachment S of the NYISO OATT, including acceptance of any cost allocated to the Large Generating Facility for SDUs through the Class Year 2010 Interconnection Facilities Study and the posting of associated security or payments.

Developer Operating Requirements. Developer must comply with all applicable NYISO tariffs and procedures, as amended from time to time. The Large Generating Facility is a member of Class Year 2010, which is not completed as of the effective date of this Amended and Restated Interconnection Agreement. If the Attachment Facilities, System Upgrade Facilities, or other upgrades for the Large Generating Facility identified in the Class Year 2010 Interconnection Facilities Study (or other applicable Class Year Interconnection Facilities Study from which Developer accepts the Project Cost Allocation for the Large Generating Facility) differ in any material way from the facilities identified in the Appendices to this Agreement, the Parties shall amend this Agreement, pursuant to its sections 29.11 and 29.12, to reflect the Attachment Facilities, System Upgrade Facilities, or other upgrades identified in the Class Year 2010 Facilities StudyStudy or other applicable Class Year Interconnection Facilities Study and associated cost estimates. The Before Trial Operation of the Large Generating Facility, the Developer shall accept the cost allocated to the Large Generating Facility for SUFs through the a Class Year 2010 Interconnection Facilities Study and post any associated security and make any payment required, pursuant to Attachment S of the NYISO OATT. The If, after the Effective Date, the Developer requests, and the other Parties agree, that the Large Generating Facility may commence Trial and Commercial Operation prior to the final settlement of the applicable Class Year 2010 Interconnection Facilities Study; and pursuant to , the Parties will amend this Agreement to reflect that schedule change and require Developer agrees to accept its cost allocation from the applicable Class Year 2010 Interconnection Facilities Study and post any required security or make any required payment upon final settlement of Class Year 2010payment. The Developer may not supply Unforced Capacity to the NYCA from the Large Generating Facility until the Developer has complied with the deliverability requirement pursuant to Attachment S of the NYISO OATT, including acceptance of any cost allocated to the Large Generating Facility allocation for SDUs through the Class Year 2010 Interconnection Facilities Study System Deliverability Upgrades and the posting of associated security or payments.

Developer Operating Requirements. Developer must comply with all applicable NYISO tariffs and procedures, as amended from time to time. Developer must comply with Connecting Transmission Owner’s operating instructions and requirements as set out in the most current version of National Grid’s Electric System Bulletin 756, as referenced in Article 9.3 of this Agreement, which requirements shall include the dedicated data circuits, including system protection circuits, to be maintained by Developer in accordance with Article 8.1 of this Agreement. The northeast area of the National Grid transmission system is voltage sensitive. As such, National Grid may have to restrict the generators in the area, including the Large Generating Facility, to secure the system. The expansion to the Existing Facility is a member of included in Class Year 2010, which 2012 for purposes of Energy Resource Interconnection Service cost allocation under Attachment S to the NYISO OATT. The expansion to the Existing Facility is not completed as scheduled to commence Commercial Operations in accordance with the Milestones set forth in Appendix B of this Agreement before the final settlement of the effective date of Class Year 2012 Interconnection Facilities Study that includes the expansion to the Existing Facility Developer’s Large Generating Facility. Developer shall accept the cost allocation for any System Upgrade Facilities for its expansion to the Existing Facility from the Class Year 2012 Interconnection Facilities Study, and shall post any Security as required by this Amended and Restated Agreement or Attachment S to the NYISO OATT. Developer shall also make any Headroom payments required by the Class Year 2012 Interconnection Agreement. Facilities Study pursuant to Attachment S. If the Attachment Facilities, Facilities and System Upgrade Facilities, or other upgrades for the Large Generating Facility if any, identified in the Class Year 2010 2012 Interconnection Facilities Study for the expansion to the Existing Facility differ in any material way from the facilities those identified in the Appendices to this Agreement, the Parties shall amend this Agreement, pursuant to its sections Sections 29.11 and 29.12, to reflect the Attachment Facilities, Facilities and System Upgrade Facilities, or other upgrades Facilities identified in the Class Year 2010 Facilities Study. The Developer shall accept the cost allocated to the Large Generating Facility for SUFs through the Class Year 2010 Interconnection Facilities Study and post any associated security and make any payment required, pursuant to Attachment S of the NYISO OATT. The Large Generating Facility may commence Trial and Commercial Operation prior to the final settlement of the Class Year 2010 2012 Interconnection Facilities Study; and pursuant to this Agreement Developer agrees to accept its cost allocation from the Class Year 2010 Interconnection Facilities Study and post any required security or make any required payment upon final settlement of Class Year 2010. The Developer may not supply Unforced Capacity to the NYCA from the Large Generating Facility until the Developer has complied with the deliverability requirement pursuant to Attachment S of the NYISO OATT, including acceptance of any cost allocated to the Large Generating Facility for SDUs through the Class Year 2010 Interconnection Facilities Study and the posting of associated security or payments.