FIXED ENERGY PRICE. Seller shall be paid a time of delivery-adjusted price for energy delivered in accordance with the terms of this Amendment at the fixed rate of$53.70 per Megawatt-hour ("MWh") escalated by two percent (2%) every twelve (12) months from the Effective Date ("Fixed Energy Price").
FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall pay for 75 % of the energy delivered to EDISON by such SELLER during the Fixed Rate Period at the Fixed Rate and 25 % of the energy delivered to EDISON by such SELLER at the rate described in Exhibit 3.4.2 to this Agreement. During the Fixed Rate Period, the Fixed Rate shall be weight adjusted by Time-of-Delivery ("TOD") factors set forth in EDISON's Time-of-Use rate schedule "TOU-0." In the event that the Contract is still in the forecast energy payment period as of the Effective Date of this Agreement and provided that such forecast energy payment period expires no later than March 1, 2002, the Fixed Rate Period as to SELLER will commence on the later of (1) the first day after the last day of the forecast energy payment period or (2) on the Final Payment Date, but in any event, the Fixed Rate Period shall not exceed five (5) years from the Rate Effective Date. Any SELLER not paid in accordance with the "fixed" rate contemplated herein shall be paid for its energy deliveries in accordance with the then-current Commission-approved SRAC and/or the SELLER's Contract. The "
FIXED ENERGY PRICE. During the Delivery Term, the following Fixed Energy Price shall be paid for energy delivered in accordance with the terms of this Amendment.
FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER during the Fixed Rate Period, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37
FIXED ENERGY PRICE. Commencing with this date that is the earlier of, August 1, 2001, August 16, 2001 or September 1, 2001 following approval of the Bankruptcy Court as specified in Section 4 below (hereafter, the "Bankruptcy Court Approval Date") and ending on July 15, 2006 (this period referred to hereafter as the "Fixed Rate Period"), Seller elects to replace the energy price term specified in the PPA (PG&E's "full short-run avoided costs" or "full short-run avoided operating costs" as the case may be) with the applicable energy prices as specified in Attachment A. No provision of the PPA other than the energy price term is or shall be deemed to be modified, amended, waived or otherwise affected by this Amendment. The parties agree to reasonably cooperate and contest any challenge in any Commission proceeding that seeks to alter or modify the energy pricing terms set fourth in Attachment A, including, but not limited to any challenge to the reasonableness of PG&E having entered into this Amendment.
FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the contrary, commencing on the Final Payment Date, as defined in Section 3.2.4 and for the balance of the five (5) year period commencing on the Rate Effective Date, as defined below (the period between the Final Payment Date and the expiration of such five year period being referred to hereinafter as the "Fixed Rate Period"), SELLER hereby elects: (i) that the SRAC for energy in excess of 110% of Nameplate delivered to EDISON by SELLER during the Fixed Rate Period, shall be a "fixed" price of 5.37 cents/kWh (the "Fixed Rate"), in lieu of the Commission-approved SRAC methodology described in Section 3.4.1, and (ii) that in so far as any portion of the Fixed Rate Period encompasses any portion of Contract, Appendix B, Table 1, beginning with line 11 (Year 2006), the Fixed Rate (5.37 cents/kWh) shall be substituted for the SRAC component of SELLER's energy price; provided, however, that if the Contract terminates in accordance with its own terms, or for any other lawful reason prior to the end of the Fixed Rate Period, then the Fixed Rate Period shall likewise terminate; and provided further, however that if the Contract concerns a solar thermal facility that augments its energy input with fossil fuel, and such SELLER's Contract provides for payment for energy based on SRAC, EDISON shall
FIXED ENERGY PRICE. During the Delivery Telm, the following Fixed Energy Price shall be paid for energy delivered in accordance with the tenus ofthis Amendment.
FIXED ENERGY PRICE. Notwithstanding any provision of the Contract to the Contrary, commencing on the first minute of May 1, 2002, and for a period of five (5) years thereafter (such five-year period being referred to herein as the "Fixed Rate Period"), SELLER hereby elects that the SRAC for energy delivered to EDISON by SELLER, if SELLER's Contract provides for payment for energy based on SRAC, shall be a "fixed" price of 5.37
FIXED ENERGY PRICE. During lilt:: Ddi'iClj Tt:lIu, the follow111g Fi.wd EllClgy Plicc shall be paid for energy de1i .•-cred in <1(.:t(Jrdanr.:wt: ith the tenn$ of this Amendment.
FIXED ENERGY PRICE. During the Delivery Tenn, the following Fixed Energy Priec shall be paid for energy delivered in accordance with the terms of Ihis Amendment.
2.1 Fixed_E!l~x.xx..rrice. Seller shall be paid a time of delivery·adjusted price for energy delivered in accordance with the terms of this Amendment at the fixed rale of $53.70 per Megawatt~hour ("MWh") escalated by two percent (2%) every twelve (12) months from the Effective Date ("Fixed Energy Price").
