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, shall tender to the Eligible Customer a Facilities Study agreement in the form of 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 Transmission Provider(s) for performing 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 If the Eligible Customer elects not to execute a Facilities Study agreement, its Application shall be deemed withdrawn and its deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)), shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Transmission Provider(s), will use due diligence to complete the required Facilities Study within a sixty-day period. If the System Operator and any affected Transmission Provider(s) are unable to complete the Facilities Study in the allotted time period, the System Operator shall notify the Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Customer, (ii) the Eligible Customer's appropriate share of the cost of any required Network Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Customer shall provide a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of new facilities or upgrades consistent with commercial practices as established by the Uniform Commercial Code. The Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement and provide the required letter of credit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawn. In 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 ’s service request, the System OperatorTransmission Provider, within thirty (30) days of the completion of the System Impact Study, shall tender to the Eligible Customer a Facilities Study agreement in the form of 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 Agreement pursuant to which the Eligible Customer shall agree to reimburse advance funds to the System Operator and any affected Transmission Provider(s) Provider for performing the required Facilities Study. For a service request to remain a Completed Application, the Eligible Customer shall execute the Facilities Study agreement Agreement and return it to the System Operator Transmission Provider within fifteen (15) days. If the Eligible Customer elects not to execute a the Facilities Study agreementAgreement, its Application application shall be deemed withdrawn and its deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)), shall be returned with Interestwithdrawn. Upon receipt of an executed Facilities Study agreementAgreement, the System Operator and any affected Transmission Provider(s), Provider will use due diligence to complete the required Facilities Study within a sixty-sixty (60) day period. If the System Operator and any affected Transmission Provider(s) are Provider is unable to complete the Facilities Study in the allotted time period, the System Operator Transmission Provider shall notify the Eligible Transmission Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Transmission Customer, (ii) the Eligible Transmission Customer's ’s appropriate share of the cost of any required Network UpgradesUpgrades as determined pursuant to the provisions of Part II of the Tariff, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Transmission Customer shall provide a letter pay the Transmission Provider in advance Transmission Customer’s share of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of new facilities or upgrades consistent with commercial practices as established by the Uniform Commercial Codeupgrades. The Eligible Transmission Customer shall have thirty (30) days to execute a Service Agreement or request the filing of an unexecuted construction agreement and a Service Agreement and provide the required letter advance payment or request service without an executed Service Agreement pursuant to Section 15.3 and pay the Transmission Customer’s share of credit or other form of security the costs or the request will no longer will be a Completed Application and shall be deemed terminated and withdrawn. In addition to Any advance payment made by the foregoing, each Facilities Study shall contain a non- binding estimate from the System Operator Transmission Customer that is in excess of the incremental FCRs and associated ARRs, if any, resulting from costs incurred by the construction of the new facilities. After completion of the transmission upgrade or expansion, the System Operator Transmission Provider shall determine the incremental FCRs and associated ARRs, if any, resulting from the upgrade or expansionbe refunded.

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, shall will tender to the Eligible Customer a Facilities Study agreement in the form of 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 Transmission Provider(s) Providers or other entity designated by the System Operator for performing the 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 a the Facilities Study agreement, its Application application shall be deemed withdrawn and its deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)Participants in connection with the Application), shall will be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Transmission Provider(s), ) or other designated entity will use due diligence to complete cause the required Facilities Study to be completed within a sixty-day period. If the System Operator and any affected Transmission Provider(s) are unable to complete the a Facilities Study cannot be completed in the allotted time period, the System Operator shall will notify the Eligible Transmission Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will shall include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Transmission Customer, or (ii) the Eligible Transmission Customer's appropriate share of the cost of any required Network Upgradesadditions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) 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 practices, as established by the Uniform Commercial Code. The Eligible 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 credit or other form of security or the request will no longer will be a Completed Application and shall be deemed terminated and withdrawn. In 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 Operatoraffected Transmission Provider(s), within thirty days of the completion of the System Impact Study, shall tender to the Eligible Customer a Facilities Study agreement in the form of Attachment Exhibit 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 Transmission Provider(s) for performing 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 a Facilities Study agreement, its Application shall be deemed withdrawn and its deposit, if any deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)), ) shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Transmission Provider(s), ) will use due diligence to complete the required Facilities Study within a sixty-day period. If the System Operator and any affected Transmission Provider(s) are unable to complete the Facilities Study in the allotted time period, the System Operator affected Transmission Provider(s) shall notify the Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will include a good faith estimate of (i) the cost of Direct NEPOOL Restated Open Access Transmission Tariff Original Sheet No. 180 Assignment Facilities to be charged to the Eligible Customer, (ii) the Eligible Customer's appropriate share of the cost of any required Network Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Customer shall provide a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of new facilities or upgrades consistent with commercial practices as established by the Uniform Commercial Code. The Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement and provide the required letter of credit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawn. In 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, shall tender to the Eligible Customer a NEPOOL Open Access Transmission Tariff Original Sheet No. 162 Facilities Study agreement in the form of Attachment Exhibit 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 Transmission Provider(s) Participants for performing 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 a Facilities Study agreement, its Application shall be deemed withdrawn and its deposit, if any deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)), Participants) shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Transmission Provider(s), Participants will use due diligence to complete the required Facilities Study within a sixty-sixty day period. If the System Operator and any affected Participants are NEPOOL Open Access Transmission Provider(s) are Tariff Original Sheet No. 163 unable to complete the Facilities Study in the allotted time period, the System Operator shall notify the Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Customer, (ii) the Eligible Customer's appropriate share of the cost of any required Network Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Customer shall provide the System Operator with a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades System Operator equivalent to the costs of new facilities or upgrades consistent with commercial practices as established by the Uniform Commercial Code. The Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement and provide the required letter of credit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawnNEPOOL Open Access Transmission Tariff Original Sheet No. In 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.164

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, shall will tender to the Eligible Customer a Facilities Study agreement in the form of 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 Transmission Provider(s) Providers or other entity designated by the System Operator for performing the 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 a the Facilities Study agreement, its Application application shall be deemed withdrawn and its deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)Participants in connection with the Application), shall will be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Transmission Provider(s), ) or other designated entity will use due diligence to complete cause the required Facilities Study to be completed within a sixty-day period. If the System Operator and any affected Transmission Provider(s) are unable to complete the a Facilities Study cannot be completed in the allotted time period, the System Operator shall will notify the Eligible Transmission Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will shall include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Transmission Customer, or (ii) the Eligible Transmission Customer's appropriate share of the cost of any required Network Upgradesadditions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) 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 practices, as established by the Uniform Commercial Code. The Eligible 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 credit or other form of security or the request will no longer will be a Completed Application and shall be deemed terminated and withdrawn. In 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, shall tender to the Eligible Customer a Facilities Study agreement in the form of 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 Transmission Provider(s) for performing 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 a Facilities Study agreement, its Application shall be deemed withdrawn and its deposit, if any (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)), shall be returned with Interest. Upon receipt of an executed Facilities Study agreement, the System Operator and any affected Transmission Provider(s), will use due diligence to complete the required Facilities Study within a sixty-day period. If the System Operator and any affected Transmission Provider(s) are unable to complete the Facilities Study in the allotted time period, the System Operator shall notify the Eligible Customer and provide an estimate of the time needed to reach a final determination and any resulting increase in the cost, along with an explanation of the reasons that additional time is required to complete the study. When completed, the Facilities Study will include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Customer, (ii) the Eligible Customer's appropriate share of the cost of any required Network Upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Customer shall provide a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(s) or other entities that will be responsible for the construction of the new facilities or upgrades equivalent to the costs of new facilities or upgrades consistent with commercial practices as established by the Uniform Commercial Code. The Eligible Customer shall have thirty days to execute a Service Agreement or request the filing of an unexecuted Service Agreement and provide the required letter of credit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawn. In 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, shall will tender to the Eligible Customer a Facilities Study agreement in the form of Attachment Exhibit 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 Provider(s) Tariff Original Sheet No. 119 Operator for performing the 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 a the Facilities Study agreement, its Application application shall be deemed withdrawn and its deposit, if any deposit (less the reasonable Administrative Costs incurred by the System Operator and any affected Transmission Provider(s)), shall 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 Transmission Provider(s), Participants or other designated entity will use due diligence to complete cause the required Facilities Study to be completed within a sixty-sixty day period. If the System Operator and any affected Transmission Provider(s) are unable to complete the a Facilities Study cannot be completed in the allotted time period, the System Operator shall will notify the Eligible 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 will shall include a good faith estimate of (i) the cost of Direct Assignment Facilities to be charged to the Eligible Transmission Customer, or (ii) the Eligible Transmission Customer's appropriate share of the cost of any required Network Upgradesadditions or upgrades, and (iii) the time required to complete such construction and initiate the requested service. The Eligible Transmission Customer shall provide a letter of credit or other reasonable form of security acceptable to the affected Transmission Provider(sParticipant(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 Eligible 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 credit or other form of security or the request no longer will be a Completed Application and shall be deemed terminated and withdrawnNEPOOL Open Access Transmission Tariff Original Sheet No. In 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.121