Initial Delivery Date. (a) The Initial Delivery Date shall be the date upon which the Department (i) accepts in writing that the Seller has successfully completed the Nominal Rating Test in accordance with the procedure set forth in subsection (c) below, or (ii) has failed to reject the results of the Nominal Rating Test within the time specified in subsection (b)(ii) below. (i) The Seller shall provide the Department ten (10) Business Days advance written notice of the date the Seller intends to conduct the Nominal Rating Test, and provide to representatives of the Department access to the Facility to monitor and observe the Nominal Rating Test. (ii) The Seller shall deliver the results of the Nominal Rating Test to the Department, by hard copy, facsimile, or other mutually agreed upon method, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, in writing, of its approval (or disapproval) and acceptance (or non-acceptance) of the results of such Nominal Rating Test, which approval the Department shall not unreasonably withhold. (iii) Should the Department fail to reject the results of the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be deemed to have been accepted by the Department and the Initial Delivery Date shall be 10 business days after the delivery of the Test Report to the Department. (iv) In the event that the Department rejects the results of the Nominal Rating Test, it shall deliver to the Seller, by facsimile, within such ten (10) day period, a written notice of such rejection stating with particularity all of its reasons for it. (i) A test (“Nominal Rating Test”) shall be performed to demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW as measured at the electric revenue meter located on the high voltage side of the Facility switchyard transformer during a continuous four (4) hour period powered only by geothermal energy; and (y) was in compliance with all applicable permits. (ii) The Nominal Rating Test shall commence once the Facility has reached stable operation of at least 25,000 kW. The test shall be performed over a minimum continuous period of four (4) hours with data collected at 15-minute intervals. The Nominal Rating shall be the average of the 15 minute readings over the 4 hour test period. During the Nominal Rating Test, the Facility shall be operated consistently with Prudent Electrical Practices and shall be in compliance with all applicable permit limits, regulatory and industry codes and standards. The Nominal Rating Test shall be run using all standard plant equipment and control systems in service without the benefit of temporary bypasses or manual controls that would not have been used in the day to day operation of the Facility. Should the Nominal Rating Test be interrupted for any reason prior to the end of the 4-hour duration, the test shall be restarted. (d) Seller shall, at all times, use diligent commercial efforts to complete both the California Facility and the Nevada Facility and to achieve the Initial Delivery Date for either the California Facility and/or the Nevada Facility as soon as reasonably possible. If Seller shall achieve the Initial Delivery Date with the Nevada Facility, the purchase and sale provisions of Section 2.01 shall immediately take effect, provided that Seller shall continue to use diligent commercial efforts to complete the California Facility and begin commercial operations. Seller represents that it believes in good-faith that the Nevada Facility should be completed within 22-
Appears in 1 contract
Initial Delivery Date. (a) The Initial Delivery Date shall be the date upon which the Department (i) accepts in writing that the Seller has successfully completed the Nominal Rating Test in accordance with the procedure set forth in subsection (c) below, or (ii) has failed fails to reject the results of the Nominal Rating Test within the time specified in subsection (b)(ii) below.
(i) The Seller shall provide the Department within ten (10) Business Days advance written notice of the date the Seller intends to conduct the Nominal Rating Test, and provide to representatives of the Department with access to the Facility to monitor and observe the Nominal Rating Test.
(ii) The Seller shall deliver the results of the Nominal Rating Test to the Department, by hard copy, facsimile, or other mutually agreed upon method, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, in writingby facsimile, of its approval (or disapproval) and acceptance (or non-acceptance) of the results of such Nominal Rating Test, which approval the Department shall not unreasonably withhold.
(iii) Should the Department accept or fail to reject the results of the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be deemed to have been accepted by the Department and from the Initial Delivery Date shall be 10 business days after date of the delivery of the Test Report to results of the DepartmentNominal Rating Test.
(iv) In the event that the Department rejects the results of the Nominal Rating Test, it shall deliver to the Seller, by facsimile, within such ten (10) day period, a written notice of such rejection stating with particularity all of its reasons for it.
(i) A test (“Nominal Rating Test”) shall be performed to demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW as measured at the electric revenue meter located on the high voltage side of the Facility switchyard transformer during a continuous four (4) hour period powered only while burning the type(s) of fuel expected to be consumed by geothermal energythe Facility during the Term; and (y) was in compliance with all applicable permits.
(ii) The Nominal Rating Test shall commence once the Facility has reached stable operation of at least 25,000 kW. The test shall be performed over a minimum continuous period of four (4) hours with data collected at 15-minute intervals. The Nominal Rating shall be the average of the 15 minute readings over the 4 hour test period. During the Nominal Rating Test, the Facility shall be operated consistently with Prudent Electrical Practices and shall be in compliance with all applicable permit limits, regulatory and industry codes and standards. The Nominal Rating Test shall be run using all standard plant equipment and control systems in service without the benefit of temporary bypasses or manual controls that would not have been used in the day to day operation of the Facility. Should the Nominal Rating Test be interrupted for any reason prior to the end of the 4-hour duration, the test shall be restarted.
(d) Seller shall, at all times, use diligent commercial efforts to complete both the California Facility and the Nevada Facility and to achieve the Initial Delivery Date for either the California Facility and/or the Nevada Facility as soon as reasonably possible. If Seller shall achieve the Initial Delivery Date with the Nevada Facility, the purchase and sale provisions of Section 2.01 shall immediately take effect, provided that Seller shall continue to use diligent commercial efforts to complete the California Facility and begin commercial operations. Seller represents that it believes in good-faith that the Nevada Facility should be completed within 22-
Appears in 1 contract
Samples: Firm Energy Purchase Agreement
Initial Delivery Date. (a) The Initial Delivery Date shall be occur upon the date upon which the Department (i) accepts satisfaction or waiver in writing that by Xxxxx of the Seller has successfully completed following conditions precedent:
(a) the Nominal Rating Test in accordance Facility Commercial Operation Date shall have occurred or will occur simultaneously with the procedure set forth in subsection Initial Delivery Date;
(b) Seller shall have obtained (and demonstrated possession of) all Permits required to commence delivery of Energy from the Facility and satisfy the conditions of Facility Commercial Operation, other than those that would not have a material adverse effect on Seller’s ability to perform its obligations under this Agreement;
(c) belowno Seller default or Event of Default shall be occurring;
(d) Seller shall be a PJM Member and shall have entered into all required PJM Agreements required for the performance of Seller’s obligations in connection with the Facility and this Agreement, which agreements shall be in full force and effect or Seller shall have entered into an agreement with a Market Participant that will perform all of Seller’s PJM-related obligations in connection with the Facility and this Agreement;
(iie) has failed to reject the results Facility shall have been qualified and certified by the Commission as a Solar Photovoltaic Alternative Energy Source;
(f) Seller shall have made all filings and applications required for accreditation of the Nominal Rating Test within Facility in GATS and for the time specified in subsection (b)(ii) below.registration, origination, and transfer of SPAECs from the Facility that are eligible for origination, registration, and transfer under GATS;
(ig) The Seller shall provide have entered into all agreements and made all filings and other arrangements necessary for the Department ten (10) Business Days advance written notice transmission and delivery of the date the Seller intends to conduct the Nominal Rating Test, and provide to representatives Energy associated with Xxxxx’s Percentage of the Department access to Facility from the Facility to monitor and observe the Nominal Rating Test.Delivery Point;
(iih) The Seller shall deliver the results of the Nominal Rating Test have obtained all necessary authorizations from FERC to the Department, sell Energy at market-based rates as contemplated by hard copy, facsimile, or other mutually agreed upon method, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, in writing, of its approval (or disapproval) and acceptance (or non-acceptance) of the results of such Nominal Rating Test, which approval the Department shall not unreasonably withhold.
(iii) Should the Department fail to reject the results of the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be deemed to have been accepted by the Department and the Initial Delivery Date shall be 10 business days after the delivery of the Test Report to the Department.
(iv) In the event that the Department rejects the results of the Nominal Rating Test, it shall deliver to the Seller, by facsimile, within such ten (10) day period, a written notice of such rejection stating with particularity all of its reasons for it.
(i) A test (“Nominal Rating Test”) shall be performed to demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW as measured at the electric revenue meter located on the high voltage side of the Facility switchyard transformer during a continuous four (4) hour period powered only by geothermal energy; and (y) was in compliance with all applicable permits.
(ii) The Nominal Rating Test shall commence once the Facility has reached stable operation of at least 25,000 kW. The test shall be performed over a minimum continuous period of four (4) hours with data collected at 15-minute intervals. The Nominal Rating shall be the average of the 15 minute readings over the 4 hour test period. During the Nominal Rating Test, the Facility shall be operated consistently with Prudent Electrical Practices this Agreement and shall be in compliance with such authorization;
(i) Seller shall have delivered a Guaranty or other required Performance Assurance, as required pursuant to Article 10;
(j) Seller shall have obtained all applicable permit limits, regulatory and industry codes and standards. The Nominal Rating Test rights to the Facility Site necessary for performance of its obligations under the Agreement for the Services Term;
(k) Seller shall be run using have provided Buyer with written evidence that all standard plant equipment and control systems in service without of the benefit of temporary bypasses or manual controls that would not preceding conditions have been used in the day to day operation of the Facility. Should the Nominal Rating Test be interrupted for any reason prior to the end of the 4-hour duration, the test shall be restartedsatisfied.
(d) Seller shall, at all times, use diligent commercial efforts to complete both the California Facility and the Nevada Facility and to achieve the Initial Delivery Date for either the California Facility and/or the Nevada Facility as soon as reasonably possible. If Seller shall achieve the Initial Delivery Date with the Nevada Facility, the purchase and sale provisions of Section 2.01 shall immediately take effect, provided that Seller shall continue to use diligent commercial efforts to complete the California Facility and begin commercial operations. Seller represents that it believes in good-faith that the Nevada Facility should be completed within 22-
Appears in 1 contract
Samples: Power Purchase Agreement
Initial Delivery Date. (a) The Initial Delivery Date shall be occur upon the date upon which the Department (i) accepts satisfaction or waiver in writing that by Buyer of the Seller has successfully completed following conditions precedent:
(a) the Nominal Rating Test in accordance Facility Commercial Operation Date shall have occurred or will occur simultaneously with the procedure set forth in subsection Initial Delivery Date;
(b) Seller shall have obtained (and demonstrated possession of) all Permits required for the lawful operation of the Facility and for Seller to perform its obligations under this Agreement, including Permits related to environmental matters;
(c) belowno Seller default or Event of Default shall be occurring;
(d) Seller shall be a PJM Member and shall have entered into all required PJM Agreements required for the performance of Seller’s obligations in connection with the Facility and this Agreement, which agreements shall be in full force and effect or Seller shall have entered into an agreement with a Market Participant that will perform all of Seller’s PJM-related obligations in connection with the Facility and this Agreement;
(iie) has failed the Facility shall have been qualified and certified by the Delaware PSC as an Eligible Energy Resource pursuant to reject the results RPS Act;
(f) Seller shall have made all filings and applications required for accreditation of the Nominal Rating Test within Facility in GATS and for the time specified in subsection (b)(ii) below.registration, origination and transfer of Environmental Attributes from the Facility that are eligible for origination, registration and transfer under GATS;
(ig) The Seller shall provide have entered into all agreements and made all filings and other arrangements necessary for the Department ten (10) Business Days advance written notice transmission and delivery of the date the Seller intends to conduct the Nominal Rating Test, and provide to representatives Energy associated with Buyer’s Percentage of the Department access to Facility from the Facility to monitor and observe the Nominal Rating Test.Delivery Point;
(iih) The Seller shall deliver the results of the Nominal Rating Test have obtained all necessary authorizations from FERC to the Department, sell Energy at market-based rates as contemplated by hard copy, facsimile, or other mutually agreed upon method, and the Department shall review the results of the Nominal Rating Test within ten (10) Business Days of the date of delivery thereof and shall notify the Seller, in writing, of its approval (or disapproval) and acceptance (or non-acceptance) of the results of such Nominal Rating Test, which approval the Department shall not unreasonably withhold.
(iii) Should the Department fail to reject the results of the Nominal Rating Test within ten (10) Business Days of the delivery thereof, the results shall be deemed to have been accepted by the Department and the Initial Delivery Date shall be 10 business days after the delivery of the Test Report to the Department.
(iv) In the event that the Department rejects the results of the Nominal Rating Test, it shall deliver to the Seller, by facsimile, within such ten (10) day period, a written notice of such rejection stating with particularity all of its reasons for it.
(i) A test (“Nominal Rating Test”) shall be performed to demonstrate that the Facility can operate in a reliable sustained manner. In particular, the Nominal Rating Test shall demonstrate that the Facility (x) achieved a net demonstrated capacity of not less than 25,000 kW as measured at the electric revenue meter located on the high voltage side of the Facility switchyard transformer during a continuous four (4) hour period powered only by geothermal energy; and (y) was in compliance with all applicable permits.
(ii) The Nominal Rating Test shall commence once the Facility has reached stable operation of at least 25,000 kW. The test shall be performed over a minimum continuous period of four (4) hours with data collected at 15-minute intervals. The Nominal Rating shall be the average of the 15 minute readings over the 4 hour test period. During the Nominal Rating Test, the Facility shall be operated consistently with Prudent Electrical Practices this Agreement and shall be in compliance with such authorization;
(i) Seller shall have delivered a Letter of Credit and, if applicable, a Guaranty as required pursuant to Article 14 [Security];
(j) Seller shall have provided Buyer a revised version of Exhibit B which includes the Pnode Identification Number assigned by PJM for the Delivery Point;
(k) PSC Approval shall have occurred and shall have become final and non-appealable; and
(l) Seller shall have provided Buyer with written evidence that all applicable permit limits, regulatory and industry codes and standards. The Nominal Rating Test shall be run using all standard plant equipment and control systems in service without of the benefit of temporary bypasses or manual controls that would not preceding conditions have been used in the day to day operation of the Facility. Should the Nominal Rating Test be interrupted for any reason prior to the end of the 4-hour duration, the test shall be restartedsatisfied.
(d) Seller shall, at all times, use diligent commercial efforts to complete both the California Facility and the Nevada Facility and to achieve the Initial Delivery Date for either the California Facility and/or the Nevada Facility as soon as reasonably possible. If Seller shall achieve the Initial Delivery Date with the Nevada Facility, the purchase and sale provisions of Section 2.01 shall immediately take effect, provided that Seller shall continue to use diligent commercial efforts to complete the California Facility and begin commercial operations. Seller represents that it believes in good-faith that the Nevada Facility should be completed within 22-
Appears in 1 contract
Samples: Power Purchase Agreement
