Common use of Excess Generation Clause in Contracts

Excess Generation. If during a Billing Period, Out Energy, as measured by Revenue Quality Metering or another type of utility meter capability of measuring hourly Out Energy, is greater than zero (0), then the Facility and any secondary usage accounts will be credited appropriately, based upon an allocation as determined by the Customer. Excess generation from the Facility will be percent allocated to all of the Customer’s secondary accounts set forth in Exhibit 1 or on a cascading basis according to the priority order in the Facility as selected by the Customers as identified in Exhibit 2. Credits will only be based upon the energy equivalent of up to the first 4.999 MWh/hr. The municipal customer will not be compensated for any deliveries above 4.999 MWh. Any energy delivered above 4.999 MWh/hr will be used to reduce system losses. Unused Credits will be calculated for each designated account listed in Exhibit 1 using the percentage allocation. If the cascading credit allocation is elected, any Unused Credits will be stored with the Facility account. Credits, once accrued on an account, cannot be moved to another account. Unused credits are increased by the value of Credits, determined for that Billing Period, and that increased value, in accordance with paragraph (C) Unused Credits of this Article IV, will remain for possible future application. It is the Customer’s sole responsibility to review and request modification to the information in either Exhibit 1 or Exhibit 2. The customer has the right to request a change in the excess energy percentage or cascading allocation to the facility and secondary account(s) by submitting a request to the Company in accordance with the notice provisions set forth in Article XIV below. Any such changes in fixed or cascading allocations to existing customers listed on Exhibit 1 or 2 shall be made prospectively beginning with the next Billing Period following an accepted request. The Company will provide notice to Customer whether any such request has been accepted by the Company or the basis for any denial of such request.

Excess Generation. If during a Billing Period, Out Energy, as measured by Revenue Quality Metering or another type of utility meter capability of measuring hourly Out Energy, is greater than zero (0), then the Facility and any secondary usage accounts will be credited appropriately, based upon an allocation as determined by the Customer. Excess generation from the Facility will be percent allocated to all of the Customer’s secondary accounts set forth in Exhibit 1 or on a cascading basis according to the priority order in the Facility as selected by the Customers as identified in Exhibit 2. Credits will only be based upon the energy equivalent of up to the first 4.999 MWh/hr. The municipal customer will not be compensated for any deliveries above 4.999 MWh. Any energy delivered above 4.999 MWh/hr will be used to reduce system losses. Unused Credits will be calculated for each designated account listed in Exhibit 1 using the percentage allocation. If the cascading credit allocation is elected, any Unused Credits will be stored with the Facility account. Credits, once accrued on an account, cannot be moved to another account. Unused credits are increased by the value of Credits, determined for that Billing Period, and that increased value, in accordance with paragraph (C) Unused Credits of this Article IV, will remain for possible future application. It is the Customer’s sole responsibility to review and request modification to the information in either Exhibit 1 or Exhibit 2. The customer has the right to request a change in the excess energy percentage or cascading allocation to the facility and secondary account(s) by submitting a request to the Company in accordance with the notice provisions set forth in Article XIV XV below. Any such changes in fixed or cascading allocations to existing customers listed on Exhibit 1 or 2 shall be made prospectively beginning with the next Billing Period following an accepted request. The Company will provide notice to Customer whether any such request has been accepted by the Company or the basis for any denial of such request.