Common use of Operation and Control Clause in Contracts

Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the QF Facility to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non- compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for Scheduled Maintenance Periods at such times as are provided in the monthly maintenance schedule set forth as Exhibit D and may be modified as deemed appropriate by the Seller. Seller shall notify PacifiCorp of any material changes to the monthly maintenance schedule. 6.3 If the QF Facility ceases operation for unscheduled maintenance or otherwise during on-peak hours, Seller shall notify PacifiCorp as soon as practicable of the shutdown and the anticipated duration of such shutdown. Seller shall use commercially reasonable efforts to avoid unscheduled maintenance during on-peak hours, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 At least ninety (90) days before the first day of each calendar quarter, Seller shall provide PacifiCorp with written notice of the QF Facility’s planned generation schedule (“Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing of any changes or updates to the Schedule for that month. At or before 0730 MPT on the day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to xxxx@xxxxxxxxxx.xxx, or telephoning 000-000-0000, or sending a facsimile to 000-000-0000, of the QF Facility’s generation schedule for the delivery day and shall inform PacifiCorp no later than 2- hours following an event of Force Majeure, unscheduled outage or unscheduled derate, of the expected duration of any such event.

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the QF Facility during the periods and to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in partdue to fault of Seller , pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non- non-compliance with the Generation Interconnection Agreement. PacifiCorp’s obligation to purchase Delivered Energy hereunder shall resume upon the condition giving rise to such disconnection or curtailment being remedied by Seller. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for Scheduled Maintenance Periods at such times as are provided in the monthly maintenance schedule set forth as Exhibit D and may be modified as deemed appropriate by the SellerSeller in accordance with Prudent Electrical Practices. Seller shall notify PacifiCorp of any material changes to the monthly maintenance scheduleschedule as soon as reasonably practical. 6.3 If the QF Facility ceases operation for unscheduled maintenance or otherwise during on-peak hours, Seller shall notify PacifiCorp as soon as practicable of the shutdown and the anticipated duration of such shutdown. Seller shall use commercially reasonable efforts to avoid unscheduled maintenance during on-peak hours, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during nonon-peak hours. 6.4 At least ninety (90) days before the first day of each calendar quarter, Seller shall provide PacifiCorp with written notice of the QF Facility’s planned generation schedule (“Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing of any expected changes or updates to the Schedule for that month. At or before 0730 MPT on the day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to xxxx@xxxxxxxxxx.xxx, or telephoning 000-000-0000, or sending a facsimile to 000-000-0000, of the QF Facility’s generation schedule for the delivery day and shall inform PacifiCorp no later than 2- within 2-hours (or as soon as reasonably practical after such 2 hour period ) following an event of Force Majeure, unscheduled outage or unscheduled derate, or other emergency condition of the expected duration of any such event.

Appears in 2 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement

Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the QF Facility to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non- non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed forty-five (45) days each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld). Scheduled Maintenance Period shall be reasonably determined by Seller and provided to PacifiCorp at such times as are provided in least ninety (90) days prior to the monthly maintenance schedule set forth as Exhibit D and may be modified as deemed appropriate by the Sellercommencement of each Contract Year. Seller shall notify determine Scheduled Maintenance Periods in consultation with PacifiCorp in a joint effort to minimize disruption and cost to Seller and to maximize availability of any material changes to the monthly maintenance scheduleFacility during peak periods. 6.3 If all or part of the QF Facility ceases operation for unscheduled maintenance or otherwise during on-peak hoursmaintenance, Seller shall promptly notify PacifiCorp as soon as practicable of the same including the time when the shutdown occurred or is expected to occur and the anticipated duration of such shutdown. Seller shall use commercially reasonable commercial efforts to avoid unscheduled maintenance during on-peak hoursmaintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 At least ninety sixty (9060) days before prior to the first day commencement of each calendar quarterContract Year, Seller PacifiCorp shall provide PacifiCorp Seller with written notice of the QF Facility’s planned generation schedule (“Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing of any changes or updates to the Schedule for that month. At or before 0730 MPT on the day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to xxxx@xxxxxxxxxx.xxx, or telephoning 000-000-0000, or sending a facsimile to 000-000-0000, of the QF Facility’s generation its projected schedule for the delivery day and Facility for the following Contract Year. If PacifiCorp's projections thereafter change, PacifiCorp shall inform promptly notify Seller of the same. Seller shall promptly advise PacifiCorp of any expected changes in the availability of its Facility, including the details of any such changes. 6.5 By no later than 2- hours following an event of Force Majeure7:00 a.m. Pacific Prevailing Time each day, unscheduled outage or unscheduled derate, PacifiCorp shall notify Seller of the expected duration of any such event.Scheduled Deliveries for the following calendar day. By no later than 8:00

Appears in 1 contract

Samples: Power Purchase Agreement

Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase the Net Output or Delivered Energy from the QF Facility to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non- non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed 1080 hours each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld, conditioned, or delayed).‌ 6.2.1 Scheduled Maintenance Periods shall be reasonably determined by Seller and provided to PacifiCorp at such times as are provided in the monthly maintenance schedule set forth as Exhibit D and may be modified as deemed appropriate by the Seller. Seller shall notify PacifiCorp of any material changes to the monthly maintenance schedule. 6.3 If the QF Facility ceases operation for unscheduled maintenance or otherwise during on-peak hours, Seller shall notify PacifiCorp as soon as practicable of the shutdown and the anticipated duration of such shutdown. Seller shall use commercially reasonable efforts to avoid unscheduled maintenance during on-peak hours, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 At least ninety (90) days before prior to the first day commencement of each calendar quarterContract Year, as thereafter adjusted by mutual agreement of the Parties pursuant to the provisions in Section 6.2.2 (the “Annual Maintenance Schedule”). Seller shall provide determine the Annual Maintenance Schedule in accordance with Prudent Electrical Practices and in consultation with PacifiCorp in a joint effort to minimize disruption and cost to the Parties and to maximize availability of the Facility during Peak Months. As used in this Agreement, “Peak Months” means the months of June through September.‌ 6.2.2 Modifications to the Annual Maintenance Schedule may be made by the Seller with the consent of PacifiCorp. Seller shall furnish PacifiCorp with written reasonable advance notice of any change in the QF Facility’s planned generation schedule (“Annual Maintenance Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing Reasonable advance notice of any changes or updates change in the maintenance schedule is as follows‌ Anticipated Duration of Scheduled Maintenance Period Advance Notice to the Schedule for that month. At or before 0730 MPT on the PacifiCorp (1) Less than 2 days 24 hour minimum (2) 2 to 5 days 7 day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to xxxx@xxxxxxxxxx.xxx, or telephoning 000-000-0000, or sending a facsimile to 000-000-0000, of the QF Facility’s generation schedule for the delivery day and shall inform PacifiCorp no later than 2- hours following an event of Force Majeure, unscheduled outage or unscheduled derate, of the expected duration of any such event.minimum

Appears in 1 contract

Samples: Power Purchase Agreement

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Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase the Net Output or Delivered Energy from the QF Facility to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non- non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for during Scheduled Maintenance Periods at such times as are provided in the monthly maintenance schedule set forth as Exhibit D and may not to exceed 1080 hours each Contract Year (unless otherwise agreed, which agreement will not be modified as deemed appropriate by the Seller. Seller shall notify PacifiCorp of any material changes to the monthly maintenance scheduleunreasonably withheld, conditioned, or delayed). 6.3 If the QF Facility ceases operation for unscheduled maintenance or otherwise during on-peak hours, 6.2.1 Scheduled Maintenance Periods shall be reasonably determined by Seller shall notify and provided to PacifiCorp as soon as practicable of the shutdown and the anticipated duration of such shutdown. Seller shall use commercially reasonable efforts to avoid unscheduled maintenance during on-peak hours, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 At at least ninety (90) days before prior to the first day commencement of each calendar quarterContract Year, as thereafter adjusted by mutual agreement of the Parties pursuant to the provisions in Section 6.2.2 (the “Annual Maintenance Schedule”). Seller shall provide determine the Annual Maintenance Schedule in accordance with Prudent Electrical Practices and in consultation with PacifiCorp in a joint effort to minimize disruption and cost to the Parties and to maximize availability of the Facility during Peak Months. As used in this Agreement, “Peak Months” means the months of June through September. 6.2.2 Modifications to the Annual Maintenance Schedule may be made by the Seller with the consent of PacifiCorp. Seller shall furnish PacifiCorp with written reasonable advance notice of any change in the QF Facility’s planned generation schedule (“Annual Maintenance Schedule”) for that calendar quarter. At least ten (10) days before the beginning of each month, Seller shall notify PacifiCorp in writing Reasonable advance notice of any changes or updates change in the maintenance schedule is as follows Anticipated Duration of Scheduled Maintenance Period Advance Notice to the Schedule for that month. At or before 0730 MPT on the PacifiCorp (1) Less than 2 days 24 hour minimum (2) 2 to 5 days 7 day before a given day of delivery, Seller shall notify PacifiCorp’s generation coordinator desk, by sending an e-mail to xxxx@xxxxxxxxxx.xxx, or telephoning 000-000-0000, or sending a facsimile to 000-000-0000, of the QF Facility’s generation schedule for the delivery day and shall inform PacifiCorp no later than 2- hours following an event of Force Majeure, unscheduled outage or unscheduled derate, of the expected duration of any such event.minimum

Appears in 1 contract

Samples: Power Purchase Agreement

Operation and Control. 6.1 Seller shall operate and maintain the QF Facility in a safe manner in accordance with the Generation Interconnection Agreement, Prudent Electrical Practices and in accordance with the requirements of all applicable federal, state and local laws and the National Electric Safety Code as such laws and code may be amended from time to time. PacifiCorp shall have no obligation to purchase Net Output or Delivered Energy from the QF Facility to the extent the interconnection between the QF Facility and PacifiCorp’s electric system is disconnected, suspended or interrupted, in whole or in part, pursuant to the Generation Interconnection Agreement, or to the extent generation curtailment is required as a result of Seller’s non- non-compliance with the Generation Interconnection Agreement. 6.2 Seller may cease operation of the entire QF Facility or individual units, if applicable, for during Scheduled Maintenance Periods not to exceed forty-five (45) days each Contract Year (unless otherwise agreed, which agreement will not be unreasonably withheld). Scheduled Maintenance Periods shall be reasonably determined by Seller and provided to PacifiCorp at such times least ninety (90) days prior to the commencement of each Contract Year, as are provided in thereafter adjusted by mutual agreement of the monthly maintenance schedule set forth as Exhibit D and may be modified as deemed appropriate by the SellerParties. Seller shall notify determine Scheduled Maintenance Periods in consultation with PacifiCorp in a joint effort to minimize disruption and cost to Seller and to maximize availability of any material changes to the monthly maintenance scheduleFacility during peak periods. 6.3 If all or part of the QF Facility ceases operation for unscheduled maintenance or otherwise during on-peak hoursmaintenance, Seller shall promptly notify PacifiCorp as soon as practicable of the same including the time when the shutdown occurred or is expected to occur and the anticipated duration of such shutdown. Seller shall use commercially reasonable commercial efforts to avoid unscheduled maintenance during on-peak hoursmaintenance, to limit the duration of such unscheduled maintenance, and to perform unscheduled maintenance during non-peak hours. 6.4 Seller shall have the right, but not the obligation, to interrupt deliveries to PacifiCorp, on a pro-rata basis, in the event of the following NERC event types: U1, U2, X0, XX, XX, ME, PO, and PE as defined on Exhibit D. Seller shall have the right, but not the obligation, to curtail deliveries to PacifiCorp, on a pro-rata basis, in the event of the following NERC event types: D1, D2, D3, D4, and PD, as defined on Exhibit D hereto. Seller shall not have the right to interrupt or curtail deliveries to PacifiCorp due to NERC event type NC, as defined on Exhibit D hereto. 6.5 At least ninety sixty (9060) days before prior to the first day commencement of each calendar quarterContract Year, Seller PacifiCorp shall provide PacifiCorp Seller with written notice of an expected, projected schedule for the QF Facility’s planned generation schedule (“Schedule”) Facility for that calendar quarter. At least ten (10) days before the beginning of each monthfollowing Contract Year and, Seller shall notify PacifiCorp in writing thereafter, of any changes reasonably anticipated. Such projected schedule shall not be binding on PacifiCorp or updates the Seller. Seller shall advise PacifiCorp of any expected changes in the availability of its Facility, including the details of any such changes. 6.6 PacifiCorp shall have the option, but not the obligation, to schedule on a daily pre-schedule, capacity and energy for delivery hereunder pursuant to these scheduling guidelines. Prior to 8:30 a.m. PPT, PacifiCorp shall provide to Seller or Seller’s agent, PacifiCorp’s daily pre-schedule quantities by hour for the following calendar day. Unless modified pursuant to the WECC ISAS Pre-scheduling calendar, “Pre-Schedule for that month. At or before 0730 MPT on Day” means the business day immediately preceding the day before of delivery unless the day of delivery is Sunday or Monday, in which case the Pre-Schedule Day shall be the immediately preceding Friday, or unless the day of delivery is Saturday, the Pre-Schedule Day shall be the immediately preceding Thursday. In the event the Pre- Schedule day falls on a given NERC defined holiday, the pre-schedule requirement shall be adjusted to reflect such holiday. NERC tags shall be completed in accordance with NERC guidelines. PacifiCorp may schedule zero (0) or no less than eighty percent (80%) of the Net Dependable Capacity in any hour of the Scheduled Deliveries unless otherwise agreed. In the event PacifiCorp has not scheduled day-ahead pre-Scheduled Deliveries by the time specified herein, zero (0) Scheduled Deliveries shall be imputed for such following calendar day, and any such request by PacifiCorp will be deemed to be a day- of change to schedule governed by Section 6.7 hereof. 6.7 PacifiCorp shall have the option, but not the obligation, to make schedule changes within the day of delivery; provided such schedule changes are in conformance with the accepted practices of the control area operator. Notwithstanding the foregoing, PacifiCorp shall provide notification to Seller, or Seller’s agent, of any changes in the schedule thirty (30) minutes prior to the next Operating Hour. “Operating Hour” means the top of the hour and six (6) minutes thereafter. PacifiCorp may change its pre- scheduled amounts on any given hour within the day of delivery; provided, however that the Facility has no more than two (2) starts in any day of Scheduled Deliveries and the change results in Facility output no less than eighty percent (80%) of the Net Dependable Capacity in any hour unless otherwise agreed. Seller shall notify PacifiCorp’s generation coordinator deskuse reasonable commercial efforts to comply with any such request, including, for any increase in deliveries, so long as Seller is able, using good faith best efforts, to obtain natural gas supplies required for such additional deliveries. PacifiCorp shall pay all prudently-incurred incremental costs incurred by sending an e-mail to xxxx@xxxxxxxxxx.xxxSeller in providing such unscheduled deliveries, or telephoning 000in reducing Scheduled Deliveries, including any penalties prudently incurred by Seller in connection with delivery or non-000delivery of such natural gas; however, in no event will PacifiCorp pay for Seller to obtain No-0000, or sending a facsimile Notice gas supply service. Seller shall make documents kept pursuant to 000-000-0000, of Section 14.3 available to PacifiCorp for audit prior to the QF Facility’s generation schedule time PacifiCorp is obligated to pay Seller for the delivery day and shall inform PacifiCorp no later than 2- hours following an event of Force Majeure, unscheduled outage or unscheduled derate, of the expected duration of any such eventincremental costs.

Appears in 1 contract

Samples: Power Purchase Agreement

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