LGIA. Ashtabula III shall assign to OTP all of its interests, rights and obligations in and under the LGIA, except for (i) any and all obligations and liabilities of Ashtabula III (or any successor thereto or assign thereof) under the LGIA or the Settlement Agreement arising from Ashtabula III’s use of any of its rights to Excess Capacity or Final Excess Capacity in excess of 50 MW; (ii) any and all obligations and liabilities of Ashtabula III (or any successor thereto or assign thereof) under the LGIA or the Settlement Agreement in connection with Upgrade Costs incurred as a result of the use by RES/PEAK (or any successor thereto or assign thereof) of its share of Excess Capacity or Final Excess Capacity and (iii) any and all obligations and liabilities of Ashtabula III (or any successor thereto or assign thereof) under the LGIA or the Settlement Agreement in connection with Upgrade Costs incurred as a result of the use by Ashtabula III (or any successor thereto or assign thereof) of its right pursuant to Section 6 or Section 7, respectively, of the Settlement Agreement, to use RES/PEAK’s share of Excess Capacity or Final Excess Capacity, which obligation and liabilities shall be retained by Ashtabula III (clauses (i), (ii) and (iii), collectively, the “Retained Liabilities”). In connection therewith, Ashtabula III agrees to indemnify OTP in respect of, and hold it harmless from and against (I) any claim by Minnkota or RES/PEAK arising out of or relating to the Retained Liabilities or the failure of Ashtabula III to discharge any Retained Liabilities and (II) any claim by RES/PEAK arising out of Section 11 or Section 13 of the Settlement Agreement, except to the extent of any act or omission of OTP related thereto.
LGIA. Transmission Provider will decide whether to offer a final LGIA after it completes a record of decision under XXXX, or other appropriate NEPA document, concerning the Repower Request. If Interconnection Customer executes the final LGIA, Transmission Provider and Interconnection Customer shall perform their respective obligations in accordance with the terms of the revised LGIA.
LGIA. Transmission Provider will decide whether to offer a final LGIA after it completes a record of decision under XXXX, or other appropriate NEPA document, concerning the Replacement Request. If Interconnection Customer executes the final LGIA, Transmission Provider and Interconnection Customer shall perform their respective obligations in accordance with the terms of the revised LGIA.
1. The undersigned Interconnection Customer submits this request to interconnect its Large Generating Facility with Transmission Provider's Transmission System pursuant to Attachment L of Transmission Provider’s Tariff.
2. This Interconnection Request is for (check one): Name of the new or existing Large Generating Facility: If a Material Modification, describe proposed changes: The LGIA Contract # for the existing Large Generating Facility (Surplus requests, Repowers & Replacements only):
3. The type of interconnection service requested (check one):
LGIA. The North Sky River Energy LGIA sets forth the terms and conditions pursuant to which (i) the ISO and SCE will provide Interconnection Service; (ii) SCE will design, procure, construct, own, operate, and maintain the Participating TO’s Interconnection Facilities and Distribution Upgrades;4 and (iii) the Interconnection Customer will pay for such service and facilities. The North Sky River Energy LGIA utilizes the ISO’s currently effective pro forma LGIA with one variance. The interconnection of the North Sky River Project is dependent upon completion of the TRTP. SCE has committed to up-front finance the TRTP and has received full abandoned plant cost recovery for the project.5 Therefore, consistent with the Commission’s letter order dated June 25, 2010 rendered in Docket Nos. ER10-805-000 and ER10-112-000,6 the LGIA for the North Sky River Project excludes language found in Article 2.4 of the ISO’s currently-effective pro forma generator interconnection agreement that suggest that an interconnection customer could face termination charges related to distribution upgrades or network upgrades for which full abandoned plant recovery had already been received.7 3 The Tehachapi Renewable Transmission Project is described in SCE’s filing in Docket No. EL07- 62.
