Major Operating Actions Clause Samples

Major Operating Actions. If the Operating Agent proposes to take any of the actions described below, it shall first provide reasonable advance notice that fully informs all members of the Operating Committee of the proposed action. Such actions, known as Major Operating Actions, shall be: (i) the replacement of, addition to, modification of, or repair or refurbishment of any items of property relating to Elm Road Unit 2, or the settlement of any asserted right, claim, or penalty by a third party, which replacement, addition, modification, repair, refurbishment, or settlement has an estimated total combined cost of $2,500,000 or more of Capital Costs, Coal Costs and/or annual Operating Costs; provided, that after the first full year of operations of ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇ the $2,500,000 threshold amount shall be adjusted annually for changes in the CPI-U consumer price index (all items) for Milwaukee-Racine, Wisconsin; (ii) any planned action that would alter by more than 5% the Net Generating Capability or heat rate of Elm Road Unit 2, excluding expected variations due to normal operating constraints, seasonal variations, and other temporary unit deratings; (iii) temporary suspension of operation of ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇ for reasons other than an Operating Emergency, routine maintenance or direction of the Applicable Transmission System Operator, or that none of the Lessee/Owner Parties has Scheduled energy from the Unit; (iv) establishment of annual reliability, availability, efficiency, and cost goals for ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇; and (v) adoption of a fuel-supply plan, including minimum inventory levels, inventory target, and annual consumption target for Elm Road Unit 2.