Common use of Dispatch in Excess of Contract Service Limits Clause in Contracts

Dispatch in Excess of Contract Service Limits. (a) CAISO shall use its best efforts in accordance with Good Industry Practice not to issue a Dispatch Notice that would cause a Unit’s Counted Start-ups, Counted MWh, or Counted Service Hours to exceed any of the Unit’s Contract Service Limits. (b) CAISO may issue a Dispatch Notice requiring a Unit to Deliver Energy or Ancillary Services after the Unit has exceeded a Contract Service Limit only if the Requested MWh or Requested Ancillary Services cannot be obtained by CAISO either (i) by accepting market bids in accordance with Section 4.1 or (ii) from Comparable RMR Unit(s) without exceeding the contract service limits or violating other operational limitations under CAISO’s agreement with the Comparable RMR Unit(s). Owner shall use its best efforts, in accordance with Good Industry Practice, to comply with such Dispatch Notice. (c) If Owner of a hydroelectric Facility complies with a request to exceed the Maximum Monthly MWh, Owner may reduce the Maximum Monthly MWh for remaining Months of the Contract Year to reflect the accelerated use of available water. Not later than 15 days after any delivery in excess of Maximum Monthly MWh, Owner shall provide CAISO a notice showing revised Maximum Monthly MWh for remaining Months of the Contract Year. (d) If the Owner does not comply with a Dispatch Notice under Section 4.7(b), Owner at CAISO’s request shall provide a written explanation. (e) If Owner, in compliance with a Dispatch Notice, Starts-up a Unit and the Counted Start- ups for the Contract Year exceed the Maximum Annual Start-ups for the Unit, CAISO shall pay for each such excess Start-up at the rate set out in Schedule G. If Owner, in compliance with a Dispatch Notice, Delivers Energy and the Counted MWh for the Unit for the Contract Year exceeds the Maximum Annual MWh, the Counted Service Hours from the Unit for the Contract Year exceed the Maximum Annual Service Hours, or if applicable, the Counted MWh for the Month exceed the Maximum Monthly MWh, CAISO shall pay for the Billable MWh Delivered in response to such Dispatch Notice and exceeding the Contract Service Limit at the rates set forth in Schedule G. (f) For purposes of this Section 4.7: (i) “Best efforts” does not require Owner to provide service inconsistent with the limitations set forth in Section 4.6 or if Owner reasonably believes providing the service might cause significant physical harm to the Unit. (ii) The term “Good Industry Practice” shall not be applied to permit CAISO to consider the relative costs of Comparable RMR Units when determining whether to request dispatch of a Unit in excess of the Contract Service Limits.

Dispatch in Excess of Contract Service Limits. (a) CAISO shall use its best efforts in accordance with Good Industry Practice not to issue a Dispatch Notice that would cause a Unit’s Counted Start-ups, Counted MWh, or Counted Service Hours to exceed any of the Unit’s Contract Service Limits. (b) CAISO may issue a Dispatch Notice requiring a Unit to Deliver Energy or Ancillary Services after the Unit has exceeded a Contract Service Limit only if the Requested MWh or Requested Ancillary Services cannot be obtained by CAISO either (i) by accepting market bids in accordance with Section 4.1 or (ii) from Comparable RMR Unit(s) without exceeding the contract service limits or violating other operational limitations under CAISO’s agreement with the Comparable RMR Unit(s). Owner shall use its best efforts, in accordance with Good Industry Practice, to comply with such Dispatch Notice. (c) If Owner of a hydroelectric Facility complies with a request to exceed the Maximum Monthly MWh, Owner may reduce the Maximum Monthly MWh for remaining Months of the Contract Year to reflect the accelerated use of available water. Not later than 15 days after any delivery in excess of Maximum Monthly MWh, Owner shall provide CAISO a notice showing revised Maximum Monthly MWh for remaining Months of the Contract Year. (d) If the Owner does not comply with a Dispatch Notice under Section 4.7(b), Owner at CAISO’s request shall provide a written explanation. (e) If Owner, in compliance with a Dispatch Notice, Starts-up a Unit and the Counted Start- Start-ups for the Contract Year exceed the Maximum Annual Start-ups for the Unit, CAISO shall pay for each such excess Start-up at the rate set out in Schedule G. If Owner, in compliance with a Dispatch Notice, Delivers Energy and the Counted MWh for the Unit for the Contract Year exceeds the Maximum Annual MWh, the Counted Service Hours from the Unit for the Contract Year exceed the Maximum Annual Service Hours, or if applicable, the Counted MWh for the Month exceed the Maximum Monthly MWh, CAISO shall pay for the Billable MWh Delivered in response to such Dispatch Notice and exceeding the Contract Service Limit at the rates set forth in Schedule G. (f) For purposes of this Section 4.7: (i) “Best efforts” does not require Owner to provide service inconsistent with the limitations set forth in Section 4.6 or if Owner reasonably believes providing the service might cause significant physical harm to the Unit. (ii) The term “Good Industry Practice” shall not be applied to permit CAISO to consider the relative costs of Comparable RMR Units when determining whether to request dispatch of a Unit in excess of the Contract Service Limits.

Dispatch in Excess of Contract Service Limits. ‌ (a) CAISO shall use its best efforts in accordance with Good Industry Practice not to issue a Dispatch Notice that would cause a Unit’s Counted Start-ups, Counted MWh, or Counted Service Hours to exceed any of the Unit’s Contract Service Limits. (b) CAISO may issue a Dispatch Notice requiring a Unit to Deliver Energy or Ancillary Services after the Unit has exceeded a Contract Service Limit only if the Requested MWh or Requested Ancillary Services cannot be obtained by CAISO either (i) by accepting market bids in accordance with Section 4.1 or (ii) from Comparable RMR Unit(s) without exceeding the contract service limits or violating other operational limitations under CAISO’s agreement with the Comparable RMR Unit(s). Owner shall use its best efforts, in accordance with Good Industry Practice, to comply with such Dispatch Notice. (c) If Owner of a hydroelectric Facility complies with a request to exceed the Maximum Monthly MWh, Owner may reduce the Maximum Monthly MWh for remaining Months of the Contract Year to reflect the accelerated use of available water. Not later than 15 days after any delivery in excess of Maximum Monthly MWh, Owner shall provide CAISO a notice showing revised Maximum Monthly MWh for remaining Months of the Contract Year. (d) If the Owner does not comply with a Dispatch Notice under Section 4.7(b), Owner at CAISOXXXXX’s request shall provide a written explanation. (e) If Owner, in compliance with a Dispatch Notice, Starts-up a Unit and the Counted Start- Start-ups for the Contract Year exceed the Maximum Annual Start-ups for the Unit, CAISO shall pay for each such excess Start-up at the rate set out in Schedule G. If Owner, in compliance with a Dispatch Notice, Delivers Energy and the Counted MWh for the Unit for the Contract Year exceeds the Maximum Annual MWh, the Counted Service Hours from the Unit for the Contract Year exceed the Maximum Annual Service Hours, or if applicable, the Counted MWh for the Month exceed the Maximum Monthly MWh, CAISO shall pay for the Billable MWh Delivered in response to such Dispatch Notice and exceeding the Contract Service Limit at the rates set forth in Schedule G. (f) For purposes of this Section 4.7: (i) “Best efforts” does not require Owner to provide service inconsistent with the limitations set forth in Section 4.6 or if Owner reasonably believes providing the service might cause significant physical harm to the Unit. (ii) The term “Good Industry Practice” shall not be applied to permit CAISO to consider the relative costs of Comparable RMR Units when determining whether to request dispatch of a Unit in excess of the Contract Service Limits.

Dispatch in Excess of Contract Service Limits. (a) CAISO shall use its best efforts in accordance with Good Industry Practice not to issue a Dispatch Notice that would cause a Unit’s Counted Start-ups, Counted MWh, or Counted Service Hours to exceed any of the Unit’s Contract Service Limits. (b) CAISO may issue a Dispatch Notice requiring a Unit to Deliver Energy or Ancillary Services after the Unit has exceeded a Contract Service Limit only if the Requested MWh or Requested Ancillary Services cannot be obtained by CAISO either (i) by accepting market bids in accordance with Section 4.1 or (ii) from Comparable RMR Unit(s) without exceeding the contract service limits or violating other operational limitations under CAISO’s agreement with the Comparable RMR Unit(s). Owner shall use its best efforts, in accordance with Good Industry Practice, to comply with such Dispatch Notice. (c) If Owner of a hydroelectric Facility complies with a request to exceed the Maximum Monthly MWh, Owner may reduce the Maximum Monthly MWh for remaining Months of the Contract Year to reflect the accelerated use of available water. Not later than 15 days after any delivery in excess of Maximum Monthly MWh, Owner shall provide CAISO a notice showing revised Maximum Monthly MWh for remaining Months of the Contract Year. (d) If the Owner does not comply with a Dispatch Notice under Section 4.7(b), Owner at CAISOXXXXX’s request shall provide a written explanation. (e) If Owner, in compliance with a Dispatch Notice, Starts-up a Unit and the Counted Start- Start-ups for the Contract Year exceed the Maximum Annual Start-ups for the Unit, CAISO shall pay for each such excess Start-up at the rate set out in Schedule G. If Owner, in compliance with a Dispatch Notice, Delivers Energy and the Counted MWh for the Unit for the Contract Year exceeds the Maximum Annual MWh, the Counted Service Hours from the Unit for the Contract Year exceed the Maximum Annual Service Hours, or if applicable, the Counted MWh for the Month exceed the Maximum Monthly MWh, CAISO shall pay for the Billable MWh Delivered in response to such Dispatch Notice and exceeding the Contract Service Limit at the rates set forth in Schedule G. (f) For purposes of this Section 4.7: (i) “Best efforts” does not require Owner to provide service inconsistent with the limitations set forth in Section 4.6 or if Owner reasonably believes providing the service might cause significant physical harm to the Unit. (ii) The term “Good Industry Practice” shall not be applied to permit CAISO to consider the relative costs of Comparable RMR Units when determining whether to request dispatch of a Unit in excess of the Contract Service Limits.

Dispatch in Excess of Contract Service Limits. (a) CAISO shall use its best efforts in accordance with Good Industry Practice not to issue a Dispatch Notice that would cause a Unit’s Counted Start-ups, Counted MWh, or Counted Service Hours to exceed any of the Unit’s Contract Service Limits. (b) CAISO may issue a Dispatch Notice requiring a Unit to Deliver Energy or Ancillary Services after the Unit has exceeded a Contract Service Limit only if the Requested MWh or Requested Ancillary Services cannot be obtained by CAISO either (i) by accepting market bids in accordance with Section 4.1 or (ii) from Comparable RMR Unit(s) without exceeding the contract service limits or violating other operational limitations under CAISO’s agreement with the Comparable RMR Unit(s). Owner shall use its best efforts, in accordance with Good Industry Practice, to comply with such Dispatch Notice. (c) If Owner of a hydroelectric Facility complies with a request to exceed the Maximum Monthly MWh, Owner may reduce the Maximum Monthly MWh for remaining Months of the Contract Year to reflect the accelerated use of available water. Not later than 15 days after any delivery in excess of Maximum Monthly MWh, Owner shall provide CAISO a notice showing revised Maximum Monthly MWh for remaining Months of the Contract Year. (d) If the Owner does not comply with a Dispatch Notice under Section 4.7(b), Owner at CAISOXXXXX’s request shall provide a written explanation. (e) If Owner, in compliance with a Dispatch Notice, Starts-up a Unit and the Counted Start- ups for the Contract Year exceed the Maximum Annual Start-ups for the Unit, CAISO shall pay for each such excess Start-up at the rate set out in Schedule G. If Owner, in compliance with a Dispatch Notice, Delivers Energy and the Counted MWh for the Unit for the Contract Year exceeds the Maximum Annual MWh, the Counted Service Hours from the Unit for the Contract Year exceed the Maximum Annual Service Hours, or if applicable, the Counted MWh for the Month exceed the Maximum Monthly MWh, CAISO shall pay for the Billable MWh Delivered in response to such Dispatch Notice and exceeding the Contract Service Limit at the rates set forth in Schedule G. (f) For purposes of this Section 4.7: (i) “Best efforts” does not require Owner to provide service inconsistent with the limitations set forth in Section 4.6 or if Owner reasonably believes providing the service might cause significant physical harm to the Unit. (ii) The term “Good Industry Practice” shall not be applied to permit CAISO to consider the relative costs of Comparable RMR Units when determining whether to request dispatch of a Unit in excess of the Contract Service Limits.