Common use of Facilities Study Procedures Clause in Contracts

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operator, within thirty days of the completion of the System Impact Study, will tender to the Eligible Customer a Facilities Study agreement in the form of Exhibit J to this Tariff, or in any other form that is mutually agreed to, pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator for performing any required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator within fifteen days. If the Eligible Customer elects not to execute the Facilities Study agreement, its application shall be deemed withdrawn and its deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the Application) will be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants or other designated entity will use due diligence to cause the required Facilities Study to be completed within a sixty day period. If a Facilities Study cannot be completed in the allotted time period, the System Operator will notify the Transmission Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Customer, or (ii) the Transmission Customer's appropriate share of the cost of any required additions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the Participant(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, as established by the Uniform Commercial Code. The Transmission Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission Tariff Original Sheet No. 121

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operator, within thirty days of the completion of the System Impact Study, will shall tender to the Eligible Customer a NEPOOL Open Access Transmission Tariff Original Sheet No. 162 Facilities Study agreement in the form of Exhibit J to this Tariff, or in any other form that is mutually agreed to, pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator for performing any the required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator Transmission Provider within fifteen days. If the Eligible Customer elects not to execute the a Facilities Study agreement, its application Application shall be deemed withdrawn and its deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the ApplicationParticipants) will shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants or other designated entity will use due diligence to cause complete the required Facilities Study to be completed within a sixty day period. If a the System Operator and any affected Participants are NEPOOL Open Access Transmission Tariff Original Sheet No. 163 unable to complete the Facilities Study cannot be completed in the allotted time period, the System Operator will shall notify the Transmission Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Eligible Customer, or (ii) the Transmission Eligible Customer's appropriate share of the cost of any required additions or upgradesNetwork Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Eligible Customer shall provide the System Operator with a letter of credit or other reasonable form of security acceptable to the Participant(s) or other entities that will be responsible for the construction of the new facilities or upgrades System Operator equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, practices as established by the Uniform Commercial Code. The Transmission Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission Tariff Original Sheet No. 121164

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operator, within thirty days of the completion of the System Impact Study, will tender to the Eligible Customer a Facilities Study agreement in the form of Exhibit Attachment J to this Tariff, or in any other form that is mutually agreed to, which is to be entered into by the Eligible Customer and the System Operator and, if deemed necessary by the System Operator, by one or more affected Transmission Provider(s) and pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants Transmission Providers or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator for performing any required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator within fifteen days. If the Eligible Customer elects not to execute the Facilities Study agreement, its application shall be deemed withdrawn and its deposit deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the Application) ), will be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants Transmission Provider(s) or other designated entity will use due diligence to cause the required Facilities Study to be completed within a sixty sixty-day period. If a Facilities Study cannot be completed in the allotted time period, the System Operator will notify the Transmission Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Customer, or (ii) the Transmission Customer's appropriate share of the cost of any required additions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the Participant(s) Transmission Providers or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, as established by the Uniform Commercial Code. The Transmission Customer shall have thirty days to execute a Service Agreement Agreement, if required, or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission Tariff Original Sheet Nocredit or other form of security or the request will no longer be a Completed Application and shall be deemed terminated and withdrawn. 121In addition to the foregoing, each Facilities Study shall contain a non- binding estimate from the System Operator of the incremental FCRs and associated ARRs, if any, resulting from the construction of the new facilities. After completion of the transmission upgrade or expansion, the System Operator shall determine the incremental FCRs and associated ARRs, if any, resulting from the upgrade or expansion.

Facilities Study Procedures. If After completion of a System Impact Study indicates that additions Study, the Transmission Owner(s) whose facilities may be modified in performing the upgrade or upgrades to addition (the NEPOOL “affected” Transmission System are needed to supply Owners), if such entity is other than the Eligible Customer's service request, the System Operatorshall, within thirty (30) days of the later of: (i) the completion of the System Impact Study; (ii) the date on which the Eligible Customer provides the affected Transmission Owner(s) with written notice of whether it intends to perform all or part of the Facilities Study itself; or (iii) such other time as is agreed upon by the Transmission Owner(s) and the Eligible Customer, will tender to the Eligible Customer a Facilities Study agreement agreement. The ISO shall cooperate with the affected Transmission Owner(s) in performing any subsequent Facilities Studies. In the form of Exhibit J to this TariffFacilities Study agreement, or in any other form that is mutually agreed to, pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator Owner(s) for performing any the required Facilities Study and the ISO for its associated costs. If the Eligible Customer wants the Transmission Owner(s) to undertake the Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator Transmission Owner(s) within fifteen (15) days. If the Eligible Customer elects not to execute the Facilities Study agreement, its application shall be deemed withdrawn and its deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the Application) will be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and affected Transmission Owner(s) will complete the required Facilities Study as follows: 3.7.4.1 if the Eligible Customer gave written notice that it would not perform any part of the study then the affected Participants or other designated entity will Transmission Owners(s) shall use due diligence to cause complete the required study within a one hundred and twenty (120) day period, or a different period agreed to by the Eligible Customer and the affected Transmission Owner(s), starting on the date that the affected Transmission Owner(s) receive the executed Facilities Study Agreement, or an alternative starting date agreed to be completed by the Eligible Customer and the affected Transmission Owner(s); or 3.7.4.2 if the Eligible Customer gave written notice that it would perform all or part of the Facilities Study itself, then: 3.7.4.2.1 the affected Transmission Owner(s) shall use due diligence to complete those portion(s) of the study that the Eligible Customer is not performing within a sixty one hundred and twenty (120) day period, or a different period agreed to by the Eligible Customer and the affected Transmission Owner(s), starting on the date that the affected Transmission Owner(s) receive the executed Facilities Study Agreement, or an alternative starting date agreed to by the Eligible Customer and the affected Transmission Owner(s); and 3.7.4.2.2 the affected Transmission Owner(s) shall use due diligence to review any portion(s) of a study performed by an Eligible Customer within a thirty (30) day period or a different period agreed to by the Eligible Customer and the affected Transmission Owner(s), starting on the date that the affected Transmission Owner(s) receive a complete draft from the Eligible Customer of its portion(s) of the study, or an alternative starting date agreed to by the Eligible Customer and the affected Transmission Owner(s). If the affected Transmission Owner(s) determine that the portion(s) of the study performed by the Eligible Customer are incomplete or that changes are required, the Eligible Customer shall make any necessary changes. The affected Transmission Owner(s) shall then use due diligence to review a revised complete draft of the Eligible Customer's portion(s) of the study within thirty days, or a different period agreed to by the Eligible Customer and the affected Transmission Owner(s), starting on the date that the affected Transmission Owner(s) receive a revised complete draft, or an alternative starting date agreed to by the Eligible Customer and the affected Transmission Owner(s). If the Transmission Owner(s) are unable to complete the Facilities Study cannot be completed in the allotted time period, the System Operator will Transmission Owner(s) shall notify the Transmission Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Eligible Customer, or (ii) the Transmission Eligible Customer's ’s appropriate share of the cost of any required additions or upgradesNetwork Upgrades as determined pursuant to the provisions of Section 3 of this Tariff, and (iii) the time required to complete such construction and initiate the requested serviceconstruction. The Transmission Facilities Study shall contain a non-binding estimate as to the feasible TCCs resulting from the construction of the new facilities. If the Eligible Customer decides to proceed with the construction of the facilities described in the Facilities Study, the Eligible Customer shall (1) enter into a construction contract with the Transmission Owner(s) whose system(s) will be directly modified, and with the entity that will construct the facilities under the supervision of the Transmission Owner(s) (if other than the Transmission Owner(s)), and guarantee to compensate the Transmission Owner(s) and constructing entity (if other than the Transmission Owner(s)) for all costs incurred associated with the construction, and (2) provide each Transmission Owner with a letter of credit or other reasonable form of security acceptable to the Participant(s) or other entities that will be responsible for the construction of the new facilities or upgrades Transmission Owner equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, practices as established by the Uniform Commercial Code. The construction contract shall contain terms and obligations of the Transmission Customer shall have thirty days to execute a Service Agreement pay for the facilities modifications or request additions pursuant to the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission Tariff Original Sheet No. 121contract.

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operatoraffected Transmission Provider(s), within thirty days of the completion of the System Impact Study, will shall tender to the Eligible Customer a Facilities Study agreement in the form of Exhibit J to this Tariff, or in any other form that is mutually agreed to, pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator Provider(s) for performing any the required Facilities Study. For a service request to remain a NEPOOL Restated Open Access Transmission Tariff Original Sheet No. 179 Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator within fifteen days. If the Eligible Customer elects not to execute the a Facilities Study agreement, its application Application shall be deemed withdrawn and its deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the ApplicationTransmission Provider(s)) will shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants or other designated entity Transmission Provider(s) will use due diligence to cause complete the required Facilities Study to be completed within a sixty sixty-day period. If a the affected Transmission Provider(s) are unable to complete the Facilities Study cannot be completed in the allotted time period, the System Operator will affected Transmission Provider(s) shall notify the Transmission Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Customer, or (ii) the Transmission Customer's appropriate share of the cost of any required additions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the Participant(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, as established by the Uniform Commercial Code. The Transmission Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Restated Open Access Transmission Tariff Original Sheet No. 121180 Assignment Facilities to be charged to the Eligible Customer,

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operator, within thirty days of the completion of the System Impact Study, will tender to the Eligible Customer a Facilities Study agreement in the form of Exhibit Attachment J to this Tariff, or in any other form that is mutually agreed to, which is to be entered into by the Eligible Customer and the System Operator and, if deemed necessary by the System Operator, by one or more affected Transmission Provider(s) and pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants Transmission Providers or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator for performing any required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator within fifteen days. If the Eligible Customer elects not to execute the Facilities Study agreement, its application shall be deemed withdrawn and its deposit deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the Application) ), will be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants Transmission Provider(s) or other designated entity will use due diligence to cause the required Facilities Study to be completed within a sixty sixty-day period. If a Facilities Study cannot be completed in the allotted time period, the System Operator will notify the Transmission Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Customer, or (ii) the Transmission Customer's appropriate share of the cost of any required additions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the Participant(s) Transmission Providers or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, as established by the Uniform Commercial Code. The Transmission Customer shall have thirty days to execute a Service Agreement Agreement, if required, or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission Tariff Original Sheet No. 121credit or other form of security or the request will no longer be a Completed Application and shall be deemed terminated and withdrawn.

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operator, within thirty days of the completion of the System Impact Study, will shall tender to the Eligible Customer a Facilities Study agreement in the form of Exhibit Attachment J to this Tariff, or in any other form that is mutually agreed to, which is to be entered into by the Eligible Customer and the System Operator and, if deemed necessary by the System Operator, by one or more affected Transmission Provider(s) and pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator Provider(s) for performing any the required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator within fifteen days. If the Eligible Customer elects not to execute the a Facilities Study agreement, its application Application shall be deemed withdrawn and its deposit deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the Application) will Transmission Provider(s)), shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants or other designated entity Transmission Provider(s), will use due diligence to cause complete the required Facilities Study to be completed within a sixty sixty-day period. If a the System Operator and any affected Transmission Provider(s) are unable to complete the Facilities Study cannot be completed in the allotted time period, the System Operator will shall notify the Transmission Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Eligible Customer, or (ii) the Transmission Eligible Customer's appropriate share of the cost of any required additions or upgradesNetwork Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Eligible Customer shall provide a letter of credit or other reasonable form of security acceptable to the Participant(saffected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, practices as established by the Uniform Commercial Code. The Transmission Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission Tariff Original Sheet Nocredit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawn. 121In addition to the foregoing, each Facilities Study shall contain a non- binding estimate from the System Operator of the incremental FCRs and associated ARRs, if any, resulting from the construction of the new facilities. After completion of the transmission upgrade or expansion, the System Operator shall determine the incremental FCRs and associated ARRs, if any, resulting from the upgrade or expansion.

Facilities Study Procedures. If a System Impact Study indicates that additions or upgrades to the NEPOOL Transmission System are needed to supply the Eligible Customer's service request, the System Operator, within thirty days of the completion of the System Impact Study, will shall tender to the Eligible Customer a Facilities Study agreement in the form of Exhibit Attachment J to this Tariff, or in any other form that is mutually agreed to, which is to be entered into by the Eligible Customer and the System Operator and, if deemed necessary by the System Operator, by one or more affected Transmission Provider(s) and pursuant to which the Eligible Customer shall agree to reimburse the System Operator and any affected Participants or other entity designated by the System NEPOOL Open Access Transmission Tariff Original Sheet No. 119 Operator Provider(s) for performing any the required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement and return it to the System Operator within fifteen days. If the Eligible Customer elects not to execute the a Facilities Study agreement, its application Application shall be deemed withdrawn and its deposit deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Participants in connection with the Application) will Transmission Provider(s)), shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Participants or other designated entity Transmission Provider(s), will use due diligence to cause complete the required Facilities Study to be completed within a sixty sixty-day period. If a the System Operator and any affected Transmission Provider(s) are unable to complete the Facilities Study cannot be completed in the allotted time period, the System Operator will shall notify the Transmission Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, NEPOOL Open Access Transmission Tariff Original Sheet No. 120 along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study shall will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Transmission Eligible Customer, or (ii) the Transmission Eligible Customer's appropriate share of the cost of any required additions or upgradesNetwork Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Transmission Eligible Customer shall provide a letter of credit or other reasonable form of security acceptable to the Participant(saffected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of the new facilities or upgrades and consistent with relevant commercial practices, practices as established by the Uniform Commercial Code. The Transmission Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement with the Commission and provide the required letter of NEPOOL Open Access Transmission credit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawn. 2.7 AMENDMENT OF SECTION 46. 1. Section 46.1 of the Tariff Original Sheet No. 121is amended to read as follows: