Nonconforming Provisions and Schedule of Charges Sample Clauses

Nonconforming Provisions and Schedule of Charges. A. Nonconforming provisions
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Nonconforming Provisions and Schedule of Charges. As mentioned above, the Fort Powhatan ISA contains terms and conditions that do not conform to the ISA Form. Specifically, section 2.1 of the Specifications provides for 56 MW of Capacity Interconnection Rights on an interim basis during the time period from July 10, 2017, to May 31, 2019 (the “interim time period”). Any interim Capacity Interconnection Rights awarded during the interim time period will be dependent upon the completion and results of an interim deliverability study. Id., Specifications § 2.1. Such interim Capacity Interconnection Rights shall terminate on May 31, 2019. Id. The Commission previously has accepted for filing agreements with similar non-standard language.6
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Nonconforming Provisions and Schedule of Charges. As noted above, Third Revised Service Agreement No. 3669 contains a number of provisions that do not conform to the ISA Form. First, section 4.0 of Third Revised Service Agreement No. 3669 states that the ISA will become effective “August 29, 2016, or, if the agreement is filed with FERC unexecuted, upon the date specified by FERC.” This language is nonconforming because section 4.0 of the ISA Form states that an ISA will become effective “on the date it is executed by all Interconnection Parties.”17 The non-conforming language in section 4.0 is necessary because it permits Third Revised Service Agreement No. 3669 to become the same date as Second Revised Service Agreement No. 3669, which is consistent with the parties’ desire to have the reductions in Maximum Facilities Output and the interim Capacity Interconnection Rights become effective as of the same date as the effective date of the Second Revised Service Agreement No. 3669. This is especially important with respect to the changed interim Capacity Interconnection Rights, as this effective date recognizes the deliverability and operational limitations of these Capacity Interconnection Rights. This effective date also will allow the parties to retain other aspects of Second Revised Service Agreement No.
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Nonconforming Provisions and Schedule of Charges. As noted above, the PA Solar ISA contains provisions that do not conform to the ISA Form. First, section 12.0 states as follows: The results of the System Impact Study indicate that, for the safety or reliability of the Transmission System, (i) the existing 10 MW portion of the Customer Facility shall retain its existing ability to maintain a power factor of at least 0.95 leading to 0.95 lagging measured at the Point of Interconnection and (ii) the increase of 10 MW to the Customer Facility associated with this ISA shall be designed with the ability to maintain a power factor of at least 1.0 (unity) to 0.95 lagging measured at the Point of Interconnection. While this provision contains the correct power factor requirements in effect as of the effective date of the PA Solar ISA for increases in capacity, the language used in the PA Solar ISA is not the exact language set forth in the ISA Form; therefore, it is technically nonconforming. This is because while the ISA Form contains a number of different provisions that apply when there has been an increase in capacity based on an Interconnection Request’s queue dates, there is no specific provision in the ISA Form that addresses the situation where the queue date for the initial Interconnection Request is prior to May 1, 2015, and the queue date of the Interconnection Request for the increase in Xxxxxxxx X. Xxxx, Secretary March 25, 2019 capacity is after May 1, 2015. 10 However, the power factor requirements set forth in section 12.0 of the PA Solar ISA reflect the correct applicable Tariff power factor requirements, specifically: (i) the existing 10 MW portion of the Customer Facility shall retain its existing ability to maintain a power factor of at least 0.95 leading to 0.95 lagging measured at the Point of Interconnection; and (ii) the increase of 10 MW associated with the PA Solar ISA shall be designed with the ability to maintain a power factor of at least 1.0 (unity) to 0.95 lagging measured at the Point of Interconnection. In addition, the power factor requirements specified for the existing 10 MW of capacity associated with Queue No. U4-014 are consistent with those specified in section 12.0 of the 2010 ISA. Accordingly, the Commission should accept the language set forth in section 12.0 of the PA Solar ISA. Second, Specifications section 2.1 indicates that the Interconnection Customer will have 7.6 MW of Capacity Interconnection Rights, consisting of 3.8 MW of Capacity Interconnection Rights previo...
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Nonconforming Provisions and Schedule of Charges. A. Nonconforming Provisions in the Allegheny Agreements
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Nonconforming Provisions and Schedule of Charges. As noted above, First Revised Service Agreement No. 3903 contains provisions that do not conform to ISA Form. First, section 12.0 provides a single power factor for the Smithton Generating Station that states: The Interconnection Customer shall design its Customer Facility with the ability to maintain a power factor of at least 0.95 leading to 0.90 lagging measured at the generator’s terminals. This power factor requirement may be considered nonconforming because it specifies a single power factor for both the originally requested capacity (PJM Queue # T174) and for the subsequent requested uprate (PJM Queue #AB1-106). Ordinarily when there is an Xxxxxxxx X. Xxxx, Secretary August 4, 2017 increase in capacity of 20 MW or less to a synchronous generation facility, the ISA Form requires that increase in capacity to the Customer be designed with the ability to maintain a power factor of at least 1.0 (unity) to 0.90 lagging measured at the Point of Interconnection. See ISA Form, Appendix 2, section 4.7.1.2; see also ISA Form, section
Sample 1
Nonconforming Provisions and Schedule of Charges. As noted above, First Revised Service Agreement No. 4592 contains provisions that do not conform to the ISA Form. Specifically, section 12.0 contains language stating: “[t]he existing Interconnection Customer’s Customer Facility shall follow the requirements as specified in Schedule F of this ISA.” This provision is non-conforming because it refers to Schedule F, rather than using conforming language to specify the power factor requirement for the existing portion of the plant. However, section 12.0 of Original Agreement No. 4592, which the Commission accepted in the Docket No. ER18-2192 Order, contained similar language indicating that the power factor for this capacity is set forth in Schedule F. The Commission also has Xxxxxxxx X. Xxxx, Secretary November 20, 2018 accepted other ISAs with similar provisions, and should accept the use of such language here.10 As specified in Section 12.0, Schedule F contains nonconforming power factor requirements applicable to the existing 1300 MW of the Customer Facility that establish different power factors for the high-pressure and low-pressure generating units at the Customer Facility. Schedule F also includes language referencing contractual arrangements related to a prior transfer of the Customer Facility. This nonconforming language is identical to that contained in Original Service Agreement No. 4592 and is needed to address the unique nature of this interconnection. Schedule F indicates that on August 21, 2014, the affiliates of the Interconnected Transmission Owner and the Interconnection Customer entered into a Purchase and Sale Agreement (“August 21 Agreement”). Section 6.20 of the August 21 Agreement sets forth the parties’ agreement that certain activities involving separation of transmission assets from generation assets located at the Xxxxxx Station would occur after the transfer of the generation assets. In order to ensure compliance with section 6.20, the Interconnection Customer and the Interconnected Transmission Owner agreed to include language in Schedule F to preserve the terms of the August 21 Agreement clarifying that “nothing in [this ISA] . . . shall modify 10 See PJM Interconnection, L.L.C., Letter Order, Docket No. ER17-2157-000 (Sept. 14, 2017); PJM Interconnection, L.L.C., Letter Order, Docket No. ER15-1292-000 (Apr. 29, 2015). Xxxxxxxx X. Xxxx, Secretary November 20, 2018 any terms of the [August 21 Power Purchase] Agreement including section 6.20 and the related Schedule 6.20 of the Agr...
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Nonconforming Provisions and Schedule of Charges 
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Related to Nonconforming Provisions and Schedule of Charges

  • Priority of agreements, clauses and schedules i This Agreement, and all other agreements and documents forming part of or referred to in this agreement are to be taken as mutually explanatory and, unless otherwise expressly provided elsewhere in this Agreement, the priority of this Agreement and other documents and agreements forming part hereof or referred to herein shall, in the event of any conflict between them, be in the following order: (a) this Agreement; and (b) The Bid/Tender Document along with all the corrigendum issued. (c) all other agreements and documents forming part hereof or referred to herein;

  • Definitions and Schedules 1.1 Words and phrases contained in this Agreement (whether capitalized or not) that are not defined in this Agreement have the meanings given to them in the Electricity Act, 1998, the Ontario Energy Board Act, 1998, any regulations made under either of those Acts, or the Code. 1.2 The following schedules form part of this Agreement: Schedule A – Application and Connection Cost Agreement (recitals) Schedule B – Single Line Diagram, Connection Point and Location of Facilities (section 2.3) Schedule C – List of Other Contracts (section 3.4) Schedule D – Technical and Operating Requirements (section 4.1(d)) Schedule E – Billing and Settlement Procedures (section 5.3) Schedule F – Contacts for Notice (section 12.1) Schedule G – Dispute Resolution (section 16.1) 1) Where a schedule is to be completed by the Parties, the Parties may not include in that schedule a provision that would be contrary to or inconsistent with the Code or the remainder of this Agreement.

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits.

  • Incorporation of Exhibits, Annexes, and Schedules The Exhibits, Annexes, and Schedules identified in this Agreement are incorporated herein by reference and made a part hereof.

  • LIST OF SCHEDULES AND EXHIBITS Schedules

  • LIST OF EXHIBITS AND SCHEDULES Exhibits

  • Modification to Article VII, Section 4 of the DPA Article VI, Section 4 of the DPA (Annual Notification of Rights.) is amended as follows:

  • Modification to Article V, Section 4 of the DPA Article V, Section 4 of the DPA (Data Breach.) is amended with the following additions: (6) For purposes of defining an unauthorized disclosure or security breach, this definition specifically includes meanings assigned by Texas law, including applicable provisions in the Texas Education Code and Texas Business and Commerce Code.

  • Clauses and Schedules Any reference in this Agreement to a Clause or a sub-clause or a Schedule is, unless otherwise stated, to a clause or a sub-clause hereof or a schedule hereto.

  • Modification to Article III, Section 2 of the DPA Article III, Section 2 of the DPA (Annual Notification of Rights.) is amended as follows:

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