Producer’s Obligations. 7.1. Before the Term Start Date, Producer must demonstrate to SCE that: 7.1.1. Producer has satisfied all of the requirements for Producer to Operate the Generating Facility in accordance with the terms of this Agreement, Applicable Law, the SCE Tariffs and the CAISO Tariff, and any other applicable contractual, tariff, legal and regulatory requirements. 7.2. Throughout the Term, Producer shall provide and convey the Product to SCE in accordance with the terms of this Agreement, and SCE shall have the exclusive right to the Product. Producer shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Green Attributes, Resource Adequacy Benefits and Capacity Attributes for SCE’s benefit throughout the Term. 7.3. Producer hereby provides and conveys all Green Attributes associated with all electricity generation from the Generating Facility to SCE as part of the Product being delivered. Producer represents and warrants that Producer holds the rights to all Green Attributes from the Generating Facility, and Producer agrees to convey and hereby conveys all such Green Attributes to SCE as included in the delivery of the Product from the Generating Facility. 7.4. Throughout the Term, Producer shall grant, pledge, assign and otherwise commit to SCE the generating capacity of the Generating Facility in order for SCE to use in meeting its resource adequacy obligations under any Resource Adequacy Rulings. 7.5. As of the Effective Date and until the Term End Date, Producer may not provide or convey any of the Product to any individual or entity other than SCE. 7.6. Producer shall have Site Control as of the earlier of (i) the Term Start Date or (ii) any period before the Term Start Date to the extent necessary for Producer to perform its obligations under this Agreement and, in each case, Producer shall maintain Site Control throughout the Term. Producer shall promptly provide SCE with Notice if there is any change in the status of Producer’s Site Control. 7.7. Producer shall, at its own cost, obtain and maintain all interconnection rights and interconnection agreements, and any related Governmental Authority approvals required to enable interconnection with SCE’s electric system to the Delivery Point. 7.8. Producer shall, at its own cost, obtain and maintain all Permits and agreements necessary to Operate the Generating Facility and to deliver the Product from the Generating Facility to the Delivery Point. 7.9. Producer shall Operate the Generating Facility in compliance with the SCE Tariffs and the CAISO Tariff, and all Applicable Laws. Producer shall secure and maintain in full force all of the CAISO agreements, certifications and approvals required in order for the Generating Facility to comply with the CAISO Tariff. 7.10. Producer shall comply with all rules and regulations regarding PIRP/EIRP if SCE elects to place any Generating Facility in PIRP/EIRP. Producer shall install the Telemetering System that is designed to function in accordance with the CAISO’s PIRP/EIRP protocols and SCE’s communication system. In no event shall the Telemetering Installation Costs exceed twenty thousand dollars ($20,000) (the “Telemetering Cost Cap”); provided, however, that if the Telemetering Installation Costs exceed the Telemetering Cost Cap then SCE shall have the right, but no obligation, in its sole discretion, to agree to pay for such costs in excess of the Telemetering Cost Cap. To the extent requested by SCE, Producer shall provide evidence of the Telemetering Installation Costs satisfactory to SCE. 7.11. Producer shall, at its own cost, install, maintain and test the CAISO-Approved Meter pursuant to the CAISO Tariff, SCE’s electric service requirements and Prudent Electrical Practices. SCE may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Generating Facility at a location provided by Producer that is compliant with SCE’s electric service requirements. The Check Meter must be interconnected with SCE’s communication network to permit (i) periodic, remote collection of revenue quality meter data, and (ii) back-up real time transmission of operating- quality meter data through the Telemetering System. SCE shall compare the Check Meter data to the CAISO-Approved Meter data. If the deviation between the CAISO-Approved Meter data and the Check Meter data for any comparison is greater than 0.3%, SCE shall provide Notice to Producer of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or CAISO-Approved Meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter will be the same as for a comparable SCE-owned meter. Producer shall have the right to have representatives present during all such tests. The Check Meter is intended to be used for back-up purposes in the event of a failure or other malfunction of the CAISO-Approved Meter, and Check Meter data shall only be used to validate the CAISO-Approved Meter data and, in the event of a failure or other malfunction of the CAISO-Approved Meter, in place of the CAISO-Approved Meter until such time that the CAISO- Approved Meter is recertified. 7.12. Producer shall: 7.12.1. Operate the Generating Facility in accordance with Prudent Electrical Practices; 7.12.2. Comply with the requirements set forth in Appendix D; 7.12.3. Use commercially reasonable efforts to Operate the Generating Facility so that the electric energy produced by the Generating Facility, net of Station Use, conforms with the Forecast provided in accordance with Appendix D; 7.12.4. Maintain and provide electronically or in hard copy a copy of all relevant daily Operating records to SCE within twenty (20) days of Notice from SCE, including records showing (i) real and reactive power production, (ii) changes in Operating status, (iii) protective apparatus operations, and (iv) any unusual conditions found during inspections of the Generating Facility or the Site; 7.12.5. At least seventy-five (75) days before the Term End Date or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace SCE, and (ii) cause the Scheduling Coordinator that will replace SCE to submit a letter to the CAISO accepting the designation as Producer’s Scheduling Coordinator; 7.12.6. Take all actions necessary to ensure that the owner of the Site waives all claims for eligibility for, and does not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility; and 7.12.7. Comply with all NERC reliability standards and requirements applicable to the generator owner and generator operator of the Generating Facility. 7.13. Producer shall provide Notice to SCE within one (1) Business Day if there is a termination of, or cessation of service under, any agreement required in order for any Generating Facility to (i) interconnect with SCE’s electric system, (ii) transmit and deliver electric energy to the Delivery Point, or (iii) own and operate any CAISO-Approved Meter. 7.14. Producer agrees, that, in accordance with FERC Order No. 697, upon request of SCE, Producer shall submit a letter of concurrence in support of an affirmative statement by SCE that the contractual arrangement set forth in this Agreement does not transfer “ownership or control of generation capacity” from Producer to SCE, as the term “ownership or control of generation capacity” is used in 18 CFR Section 35.42. Producer also agrees that it will not, in filings, if any, made subject to Order Nos. 652 and 697, claim that the contractual arrangement set forth in this Agreement conveys ownership or control of generation capacity from Producer to SCE. 7.15. With respect to WREGIS, Producer shall cause and allow SCE to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined by WREGIS) for the Generating Facility. 7.16. Producer waives all claims for eligibility for, and will not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility. 7.17. With respect to the construction, alteration, demolition, installation, and repair work of the Generating Facility, Producer shall: 7.17.1. Use reasonable efforts to ensure that all Electricians hired by Producer and its contractors and subcontractors are paid wages at rates not less than those prevailing for Electricians performing similar work in the locality provided by Division 2, Part 7, Chapter 1 of the California Labor Code. Nothing herein shall require Producer or its contractors or subcontractors to comply with, or assume liability created by other inapplicable provisions of the California Labor Code; 7.17.2. Require that all contractors and subcontractors employed or otherwise utilized be licensed under California’s Contractors’ State License Board Rules and Regulations; 7.17.3. Require that all contractors and subcontractors employed or otherwise utilized to perform electrical work be licensed as class C-10 electrical contractors under California’s Contractors’ State License Board Rules and Regulations, and all Electricians be certified to perform electrical work under California Labor Code Section 3099 et seq.; and 7.17.4. Employ or otherwise utilize, and shall cause all of its contractors and subcontractors to employ or otherwise utilize, (to the extent that apprentice Electricians are employed or otherwise utilized) only apprentice Electricians that have enrolled in an apprentice training program that (i) is certified by the State of California, and (ii) has graduated at least one (1) apprentice per year for each of the five (5) years before the date that such apprentice Electrician is employed or otherwise utilized.
Appears in 3 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Producer’s Obligations. 7.1. Before the Term Start Date, Producer must demonstrate to SCE that:
7.1.1. Producer has satisfied all of the requirements for Producer to Operate the Generating Facility in accordance with the terms of this Agreement, Applicable Law, the SCE Tariffs and the CAISO Tariff, and any other applicable contractual, tariff, legal and regulatory requirements; and
7.1.2. Producer has obtained Full Capacity Deliverability Status.
7.2. Throughout the Term, Producer shall provide and convey the Product to SCE in accordance with the terms of this Agreement, and SCE shall have the exclusive right to the Product. Producer shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Green Attributes, Resource Adequacy Benefits and Capacity Attributes for SCE’s benefit throughout the Term.
7.3. Producer hereby provides and conveys all Green Attributes associated with all electricity generation from the Generating Facility to SCE as part of the Product being delivered. Producer represents and warrants that Producer holds the rights to all Green Attributes from the Generating Facility, and Producer agrees to convey and hereby conveys all such Green Attributes to SCE as included in the delivery of the Product from the Generating Facility.
7.4. Throughout the Term, Producer shall grant, pledge, assign and otherwise commit to SCE the generating capacity of the Generating Facility in order for SCE to use in meeting its resource adequacy obligations under any Resource Adequacy Rulings.
7.5. As of the Effective Date and until the Term End Date, Producer may not provide or convey any of the Product to any individual or entity other than SCE.
7.6. Producer shall have Site Control as of the earlier of (i) the Term Start Date or (ii) any period before the Term Start Date to the extent necessary for Producer to perform its obligations under this Agreement and, in each case, Producer shall maintain Site Control throughout the Term. Producer shall promptly provide SCE with Notice if there is any change in the status of Producer’s Site Control.
7.7. Producer shall, at its own cost, obtain and maintain all interconnection rights and interconnection agreements, and any related Governmental Authority approvals required to enable interconnection with SCE’s electric system to the Delivery Point.
7.8. Producer shall, at its own cost, obtain and maintain all Permits and agreements necessary to Operate the Generating Facility and to deliver the Product from the Generating Facility to the Delivery Point.
7.9. Producer shall Operate the Generating Facility in compliance with the SCE Tariffs and the CAISO Tariff, and all Applicable Laws. Producer shall secure and maintain in full force all of the CAISO agreements, certifications and approvals required in order for the Generating Facility to comply with the CAISO Tariff.
7.10. Producer shall comply with all rules and regulations regarding PIRP/EIRP if SCE elects to place any Generating Facility in PIRP/EIRP. Producer shall install the Telemetering System that is designed to function in accordance with the CAISO’s PIRP/EIRP protocols and SCE’s communication system. In no event shall the Telemetering Installation Costs exceed twenty thousand dollars ($20,000) (the “Telemetering Cost Cap”); provided, however, that if the Telemetering Installation Costs exceed the Telemetering Cost Cap then SCE shall have the right, but no obligation, in its sole discretion, to agree to pay for such costs in excess of the Telemetering Cost Cap. To the extent requested by SCE, Producer shall provide evidence of the Telemetering Installation Costs satisfactory to SCE.
7.11. Producer shall, at its own cost, install, maintain and test the CAISO-Approved Meter pursuant to the CAISO Tariff, SCE’s electric service requirements and Prudent Electrical Practices. SCE may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Generating Facility at a location provided by Producer that is compliant with SCE’s electric service requirements. The Check Meter must be interconnected with SCE’s communication network to permit (i) periodic, remote collection of revenue quality meter data, and (ii) back-up real time transmission of operating- quality meter data through the Telemetering System. SCE shall compare the Check Meter data to the CAISO-Approved Meter data. If the deviation between the CAISO-Approved Meter data and the Check Meter data for any comparison is greater than 0.3%, SCE shall provide Notice to Producer of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or CAISO-Approved Meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter will be the same as for a comparable SCE-owned meter. Producer shall have the right to have representatives present during all such tests. The Check Meter is intended to be used for back-up purposes in the event of a failure or other malfunction of the CAISO-Approved Meter, and Check Meter data shall only be used to validate the CAISO-Approved Meter data and, in the event of a failure or other malfunction of the CAISO-Approved Meter, in place of the CAISO-Approved Meter until such time that the CAISO- Approved Meter is recertified.
7.12. Producer shall:
7.12.1. Operate the Generating Facility in accordance with Prudent Electrical Practices;
7.12.2. Comply with the requirements set forth in Appendix D;
7.12.3. Use commercially reasonable efforts to Operate the Generating Facility so that the electric energy produced by the Generating Facility, net of Station Use, conforms with the Forecast provided in accordance with Appendix D;
7.12.4. Maintain and provide electronically or in hard copy a copy of all relevant daily Operating records to SCE within twenty (20) days of Notice from SCE, including records showing (i) real and reactive power production, (ii) changes in Operating status, (iii) protective apparatus operations, and (iv) any unusual conditions found during inspections of the Generating Facility or the Site;
7.12.5. At least seventy-five (75) days before the Term End Date or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace SCE, and (ii) cause the Scheduling Coordinator that will replace SCE to submit a letter to the CAISO accepting the designation as Producer’s Scheduling Coordinator;
7.12.6. Take all actions necessary to ensure that the owner of the Site waives all claims for eligibility for, and does not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility; and
7.12.7. Comply with all NERC reliability standards and requirements applicable to the generator owner and generator operator of the Generating Facility.
7.13. Producer shall provide Notice to SCE within one (1) Business Day if there is a termination of, or cessation of service under, any agreement required in order for any Generating Facility to (i) interconnect with SCE’s electric system, (ii) transmit and deliver electric energy to the Delivery Point, or (iii) own and operate any CAISO-Approved Meter.
7.14. Producer agrees, that, in accordance with FERC Order No. 697, upon request of SCE, Producer shall submit a letter of concurrence in support of an affirmative statement by SCE that the contractual arrangement set forth in this Agreement does not transfer “ownership or control of generation capacity” from Producer to SCE, as the term “ownership or control of generation capacity” is used in 18 CFR Section 35.42. Producer also agrees that it will not, in filings, if any, made subject to Order Nos. 652 and 697, claim that the contractual arrangement set forth in this Agreement conveys ownership or control of generation capacity from Producer to SCE.
7.15. With respect to WREGIS, Producer shall cause and allow SCE to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined by WREGIS) for the Generating Facility.
7.16. Producer waives all claims for eligibility for, and will not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility.
7.17. With respect to the construction, alteration, demolition, installation, and repair work of the Generating Facility, Producer shall:
7.17.1. Use reasonable efforts to ensure that all Electricians hired by Producer and its contractors and subcontractors are paid wages at rates not less than those prevailing for Electricians performing similar work in the locality provided by Division 2, Part 7, Chapter 1 of the California Labor Code. Nothing herein shall require Producer or its contractors or subcontractors to comply with, or assume liability created by other inapplicable provisions of the California Labor Code;
7.17.2. Require that all contractors and subcontractors employed or otherwise utilized be licensed under California’s Contractors’ State License Board Rules and Regulations;
7.17.3. Require that all contractors and subcontractors employed or otherwise utilized to perform electrical work be licensed as class C-10 electrical contractors under California’s Contractors’ State License Board Rules and Regulations, and all Electricians be certified to perform electrical work under California Labor Code Section 3099 et seq.; and
7.17.4. Employ or otherwise utilize, and shall cause all of its contractors and subcontractors to employ or otherwise utilize, (to the extent that apprentice Electricians are employed or otherwise utilized) only apprentice Electricians that have enrolled in an apprentice training program that (i) is certified by the State of California, and (ii) has graduated at least one (1) apprentice per year for each of the five (5) years before the date that such apprentice Electrician is employed or otherwise utilized.
Appears in 2 contracts
Samples: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement
Producer’s Obligations. 7.1. Before the Term Start Date, Producer must demonstrate Subject to SCE that:
7.1.1. Producer has satisfied all of the requirements for Producer to Operate the Generating Facility in accordance with the terms and conditions of this Agreement, Applicable Law, the SCE Tariffs and the CAISO Tariff, and any other applicable contractual, tariff, legal and regulatory requirements.
7.2. Throughout the Term, Producer shall provide and convey the Product to SCE in accordance with the terms of this Agreement, and SCE shall have the exclusive right to the Product. Producer shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use as of the Green AttributesEffective Date, Resource Adequacy Benefits and Capacity Attributes Producer’s obligations are as follows:
(a) To tender for SCE’s benefit throughout delivery to Gatherer at the Term.
7.3. Receipt Points 100% of the Dedicated Products owned or Controlled by Producer or any of its Affiliates, which Producer hereby provides and conveys all Green Attributes associated with all electricity generation from the Generating Facility to SCE as part of the Product being delivered. Producer represents and warrants that Producer holds it or its Affiliates own or have the rights to all Green Attributes from the Generating Facility, and Producer agrees to convey and hereby conveys all such Green Attributes to SCE as included in the delivery of the Product from the Generating Facility.
7.4. Throughout the Term, Producer shall grant, pledge, assign and otherwise commit to SCE the generating capacity of the Generating Facility in order for SCE to use in meeting its resource adequacy obligations under any Resource Adequacy Rulings.
7.5. As of the Effective Date and until the Term End Date, Producer may not provide or convey any of the Product to any individual or entity other than SCE.
7.6. Producer shall have Site Control as of the earlier of (i) the Term Start Date or (ii) any period before the Term Start Date to the extent necessary for Producer to perform its obligations under this Agreement and, in each case, Producer shall maintain Site Control throughout the Term. Producer shall promptly provide SCE with Notice if there is any change in the status of Producer’s Site Control.
7.7. Producer shall, at its own cost, obtain and maintain all interconnection rights and interconnection agreements, and any related Governmental Authority approvals required to enable interconnection with SCE’s electric system to the Delivery Point.
7.8. Producer shall, at its own cost, obtain and maintain all Permits and agreements necessary to Operate the Generating Facility and right to deliver the Product from the Generating Facility to the Delivery Point.
7.9. Producer shall Operate the Generating Facility in compliance with the SCE Tariffs and the CAISO Tariff, and all Applicable Laws. Producer shall secure and maintain in full force all of the CAISO agreements, certifications and approvals required in order for the Generating Facility to comply with the CAISO Tariff.
7.10. Producer shall comply with all rules and regulations regarding PIRP/EIRP if SCE elects to place any Generating Facility in PIRP/EIRP. Producer shall install the Telemetering System that is designed to function in accordance with the CAISO’s PIRP/EIRP protocols and SCE’s communication system. In no event shall the Telemetering Installation Costs exceed twenty thousand dollars ($20,000) (the “Telemetering Cost Cap”)Gatherer hereunder; provided, however, that if the Telemetering Installation Costs exceed the Telemetering Cost Cap then SCE shall have the right, but no obligation, in its sole discretion, to agree to pay for such costs in excess of the Telemetering Cost Cap. To the extent requested by SCE, Producer shall provide evidence of the Telemetering Installation Costs satisfactory to SCE.
7.11. Producer shall, at its own cost, install, maintain and test the CAISO-Approved Meter pursuant to the CAISO Tariff, SCE’s electric service requirements and Prudent Electrical Practices. SCE may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Generating Facility at a location provided by Producer that is compliant with SCE’s electric service requirements. The Check Meter must be interconnected with SCE’s communication network to permit (i) periodic, remote collection of revenue quality meter data, and (ii) back-up real time transmission of operating- quality meter data through the Telemetering System. SCE shall compare the Check Meter data to the CAISO-Approved Meter data. If the deviation between the CAISO-Approved Meter data and the Check Meter data for any comparison is greater than 0.3%, SCE shall provide Notice to Producer of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or CAISO-Approved Meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter will be the same as for a comparable SCE-owned meter. Producer shall have the right to have representatives present during all such tests. The Check Meter is intended comply with each gathering agreement or any commitment or arrangement (including any volume commitment) that would require Producer’s Products to be used for back-up purposes gathered on any gathering system or similar system other than the Gathering System (each a “Third Party Commitment”) that is applicable and in the event of a failure or other malfunction effect as of the CAISO-Approved Meterdate Producer acquires Control of any Oil, Gas and Check Meter data other hydrocarbons produced from lands covered by the Dedicated Acreage that was not under the Control of Producer as of the Effective Date. Notwithstanding the foregoing, Producer shall only be used have the right to validate comply with the CAISO-Approved Meter data and, in applicable Third Party Commitment up to and until the event of a failure or other malfunction first Day of the CAISO-Approved MeterMonth following termination of such Third Party Commitment (without giving effect to any right of Producer to renew or extend the term of such Third Party Commitment). Any Products that, in place but for a Third Party Commitment, would be considered Dedicated Products hereunder, shall automatically upon the termination of the CAISO-Approved Meter until such time applicable Third Party Commitment, be considered “Dedicated Products” hereunder and shall be dedicated pursuant to this Section 3.1(a). As of the Effective Date, Producer represents that the CAISO- Approved Meter is recertifiedDedicated Acreage and the Dedicated Products are not subject to any Third Party Commitment.
7.12. Producer shall:
7.12.1. Operate the Generating Facility in accordance with Prudent Electrical Practices;
7.12.2. Comply with the requirements set forth in Appendix D;
7.12.3. Use commercially reasonable efforts (b) Subject to Operate the Generating Facility so that the electric energy produced by the Generating FacilitySection 3.7, net of Station Use, conforms with the Forecast provided in accordance with Appendix D;
7.12.4. Maintain and provide electronically or in hard copy a copy of all relevant daily Operating records to SCE within twenty (20) days of Notice from SCE, including records showing (i) real and reactive power production, (ii) changes in Operating status, (iii) protective apparatus operations, and (iv) any unusual conditions found during inspections of the Generating Facility or the Site;
7.12.5. At least seventy-five (75) days before the Term End Date or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace SCE, and (ii) cause the Scheduling Coordinator that will replace SCE to submit a letter to the CAISO accepting the designation as Producer’s Scheduling Coordinator;
7.12.6. Take all actions necessary to ensure that the owner of the Site waives all claims for eligibility for, and does not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility; and
7.12.7. Comply with all NERC reliability standards and requirements applicable to the generator owner and generator operator of the Generating Facility.
7.13. Producer shall provide Notice to SCE within one (1) Business Day if there is a termination of, or cessation of service under, any agreement required in order for any Generating Facility to (i) interconnect with SCE’s electric system, (ii) transmit and deliver electric energy to the Delivery Point, or (iii) own construct and operate any CAISO-Approved Meterfacility necessary to deliver Producer’s Products and water to the Receipt Points.
7.14(c) Subject to Section 3.4, Section 3.5, and Section 3.7, not to deliver any Dedicated Products to any other gatherer, purchaser or marketer or other Person prior to delivery to Gatherer at the Receipt Points. Producer agrees, that, Except through the Gathering and Processing Fee or as otherwise expressly provided for in accordance with FERC Order No. 697, upon request of SCEthis Agreement (including in Section 3.7), Producer shall submit a letter have no responsibility for the cost of concurrence in support of an affirmative statement by SCE that the contractual arrangement set forth in this Agreement does not transfer “ownership Gathering System or control of generation capacity” from Producer to SCE, as the term “ownership any facilities constructed or control of generation capacity” is used in 18 CFR Section 35.42. Producer also agrees that it will not, in filings, if any, made subject to Order Nos. 652 and 697, claim that the contractual arrangement set forth in this Agreement conveys ownership or control of generation capacity from Producer to SCE.
7.15. With respect to WREGIS, Producer shall cause and allow SCE to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined constructed by WREGIS) for the Generating FacilityGatherer.
7.16. Producer waives all claims for eligibility for, and will not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility.
7.17. With respect to the construction, alteration, demolition, installation, and repair work of the Generating Facility, Producer shall:
7.17.1. Use reasonable efforts to ensure that all Electricians hired by Producer and its contractors and subcontractors are paid wages at rates not less than those prevailing for Electricians performing similar work in the locality provided by Division 2, Part 7, Chapter 1 of the California Labor Code. Nothing herein shall require Producer or its contractors or subcontractors to comply with, or assume liability created by other inapplicable provisions of the California Labor Code;
7.17.2. Require that all contractors and subcontractors employed or otherwise utilized be licensed under California’s Contractors’ State License Board Rules and Regulations;
7.17.3. Require that all contractors and subcontractors employed or otherwise utilized to perform electrical work be licensed as class C-10 electrical contractors under California’s Contractors’ State License Board Rules and Regulations, and all Electricians be certified to perform electrical work under California Labor Code Section 3099 et seq.; and
7.17.4. Employ or otherwise utilize, and shall cause all of its contractors and subcontractors to employ or otherwise utilize, (to the extent that apprentice Electricians are employed or otherwise utilized) only apprentice Electricians that have enrolled in an apprentice training program that (i) is certified by the State of California, and (ii) has graduated at least one (1) apprentice per year for each of the five (5) years before the date that such apprentice Electrician is employed or otherwise utilized.
Appears in 1 contract
Samples: Firm Gathering and Processing Agreement (Evolve Transition Infrastructure LP)
Producer’s Obligations. 7.1. Before In addition to the Term Start Dateconditions provided for in the Agreement, Producer must demonstrate to SCE thatagrees as follows:
7.1.1. Producer has satisfied all of the requirements for Producer to Operate the Generating Facility in accordance with the terms of this Agreement, Applicable Law, the SCE Tariffs and the CAISO Tariff, and any other applicable contractual, tariff, legal and regulatory requirements.
7.2. Throughout the Term, a. Producer shall provide proof of a valid current City of Missoula Business License prior to selling tickets to the Event.
b. At least 10 days prior to the commencement of each Event, to provide Owner (within the time period specified) the following:
(i) Xxxx executed certificates of insurance with respect to each policy of insurance required to be procured by Producer, each such policy naming Owner as an additional insured;
(ii) The names and convey addresses of concessionaires, exhibitors and contractors of Producer who will be making use of or performing work in the Product Event Areas at any time during such Event Period; and
(iii) The required City of Missoula Agreement for Purchase of Special Event Police Services to SCE Assistant Chief of Police to acquire additional assistance from uniformed police officers, in accordance with the terms form attached to this Agreement as Addendum F;
c. During each Event Period, to maintain the Event Areas in good and safe condition and to notify Owner promptly of this Agreementand, at Producer’s own cost and expense, to repair or replace any damage or injury done to the Park caused by Producer or Producer’s agents, contractors, patrons or employees. Producer shall be responsible to prepare the turf of the Event Areas immediately prior to each Event, and SCE shall have will pay the exclusive right to the Productvendor that provides such preparation services directly. Producer shallshall be responsible, at its own costexpense, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate restore the use turf of the Green AttributesEvent Areas to the condition in which it was in immediately prior to the Pre-Event Activities; Producer and Owner shall meet and confer during the Post-Event Activities for each Event to mutually agree upon the scope of the turf restoration that will be required with respect to such Event. Producer will, Resource Adequacy Benefits and Capacity Attributes if requested by Owner, provide not less than 10 days prior to the commencement of each Event a bond in the amount of $150,000 to secure Producer’s turf restoration obligation for SCEsuch Event. Producer’s benefit throughout cost for such turf restoration shall be credited against the Termaggregate Admission Fees due for such Event in accordance Section 5(d) of this Agreement.
7.3. Producer hereby provides d. To deliver the Event Areas to Owner at the end of each applicable Event Period in as good and conveys all Green Attributes associated with all electricity generation from clean repair and condition as at the Generating Facility commencement of such Event Period, reasonable wear and tear excepted;
e. Subject to SCE as part Section 5(e) of the Product being delivered. Producer represents and warrants that Producer holds Agreement, not to occupy or use the rights Event Areas for any business or purpose which is unlawful;
f. Subject to all Green Attributes from the Generating Facility, and Producer agrees to convey and hereby conveys all such Green Attributes to SCE as included in the delivery Section 5(e) of the Product from the Generating Facility.
7.4. Throughout the TermAgreement, Producer shall grant, pledge, assign and otherwise commit to SCE the generating capacity of the Generating Facility in order for SCE to use in meeting its resource adequacy obligations under any Resource Adequacy Rulings.
7.5. As of the Effective Date and until the Term End Date, Producer may not provide or convey any of the Product to any individual or entity other than SCE.
7.6. Producer shall have Site Control as of the earlier of (i) the Term Start Date or (ii) any period before the Term Start Date to the extent necessary for Producer to perform its obligations under this Agreement and, in each case, Producer shall maintain Site Control throughout the Term. Producer shall promptly provide SCE with Notice if there is any change in the status of Producer’s Site Control.
7.7. Producer shall, at its own cost, obtain and maintain all interconnection rights and interconnection agreements, and any related Governmental Authority approvals required to enable interconnection with SCE’s electric system to the Delivery Point.
7.8. Producer shall, at its own cost, obtain and maintain all Permits and agreements necessary to Operate the Generating Facility and to deliver the Product from the Generating Facility to the Delivery Point.
7.9. Producer shall Operate the Generating Facility in compliance with the SCE Tariffs and the CAISO Tariff, and all Applicable Laws. Producer shall secure and maintain in full force all of the CAISO agreements, certifications and approvals required in order for the Generating Facility to comply with the CAISO Tariff.
7.10. Producer shall comply with all laws, ordinances, rules and regulations regarding PIRP/EIRP if SCE elects of any federal, State of Montana, City of Missoula, or other government or governmental agency having jurisdiction over the Event Areas relating to place any Generating Facility in PIRP/EIRP. Producer shall install the Telemetering System that is designed to function in accordance with the CAISOProducer’s PIRP/EIRP protocols and SCE’s communication system. In no event shall the Telemetering Installation Costs exceed twenty thousand dollars ($20,000) (the “Telemetering Cost Cap”); provided, however, that if the Telemetering Installation Costs exceed the Telemetering Cost Cap then SCE shall have the right, but no obligation, in its sole discretion, to agree to pay for such costs in excess use or occupancy of the Telemetering Cost Cap. To the extent requested by SCE, Producer shall provide evidence of the Telemetering Installation Costs satisfactory to SCE.
7.11. Producer shall, at its own cost, install, maintain and test the CAISO-Approved Meter pursuant to the CAISO Tariff, SCE’s electric service requirements and Prudent Electrical Practices. SCE may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Generating Facility at a location provided by Producer that is compliant with SCE’s electric service requirements. The Check Meter must be interconnected with SCE’s communication network to permit (i) periodic, remote collection of revenue quality meter data, and (ii) back-up real time transmission of operating- quality meter data through the Telemetering System. SCE shall compare the Check Meter data to the CAISO-Approved Meter data. If the deviation between the CAISO-Approved Meter data and the Check Meter data for any comparison is greater than 0.3%, SCE shall provide Notice to Producer of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or CAISO-Approved Meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter will be the same as for a comparable SCE-owned meter. Producer shall have the right to have representatives present during all such tests. The Check Meter is intended to be used for back-up purposes in the event of a failure or other malfunction of the CAISO-Approved Meter, and Check Meter data shall only be used to validate the CAISO-Approved Meter data and, in the event of a failure or other malfunction of the CAISO-Approved Meter, in place of the CAISO-Approved Meter until such time that the CAISO- Approved Meter is recertified.
7.12. Producer shall:
7.12.1. Operate the Generating Facility in accordance with Prudent Electrical PracticesEvent Areas;
7.12.2. g. Comply with the requirements set forth in Appendix City of Missoula’s Non-Discrimination and Affirmative Action Policies attached and incorporated as Addendum D;
7.12.3. Use commercially reasonable efforts to Operate the Generating Facility so that the electric energy produced by the Generating Facility, net of Station Use, conforms with the Forecast provided in accordance with Appendix D;
7.12.4. Maintain and provide electronically or in hard copy a copy of all relevant daily Operating records to SCE within twenty (20) days of Notice from SCE, including records showing (i) real and reactive power production, (ii) changes in Operating status, (iii) protective apparatus operations, and (iv) any unusual conditions found during inspections of the Generating Facility or the Site;
7.12.5. At least seventy-five (75) days before the Term End Date or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace SCE, and (ii) cause the Scheduling Coordinator that will replace SCE to submit a letter to the CAISO accepting the designation as Producer’s Scheduling Coordinator;
7.12.6. Take all actions necessary to ensure that the owner of the Site waives all claims for eligibility for, and does not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility; and
7.12.7. Comply with all NERC reliability standards h. Not to permit any mechanics, materialmen's or other liens to be placed upon the Event Areas (and requirements applicable to the generator owner and generator operator of the Generating Facility.
7.13. Producer shall provide Notice to SCE within one (1) Business Day if there is a termination of, or cessation of service under, any agreement required in order for any Generating Facility to (i) interconnect with SCE’s electric system, (ii) transmit and deliver electric energy to the Delivery Point, or (iii) own and operate any CAISO-Approved Meter.
7.14. Producer agrees, that, in accordance with FERC Order No. 697, upon request of SCE, Producer shall submit a letter of concurrence in support of an affirmative statement by SCE that the contractual arrangement set forth nothing in this Agreement does not transfer “ownership shall be construed as constituting consent by Owner thereto, expressed or control of generation capacity” from Producer to SCE, as the term “ownership or control of generation capacity” is used in 18 CFR Section 35.42. Producer also agrees that it will not, in filings, if any, made subject to Order Nos. 652 and 697, claim that the contractual arrangement set forth in this Agreement conveys ownership or control of generation capacity from Producer to SCE.
7.15. With respect to WREGIS, Producer shall cause and allow SCE to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined implied) by WREGIS) for the Generating Facility.
7.16. Producer waives all claims for eligibility for, and will not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility.
7.17. With respect to the construction, alteration, demolition, installation, and repair work of the Generating Facility, Producer shall:
7.17.1. Use reasonable efforts to ensure that all Electricians hired by Producer and its Producer’s contractors and subcontractors are paid wages at rates not less than those prevailing for Electricians performing similar work in the locality provided by Division 2, Part 7, Chapter 1 of the California Labor Code. Nothing herein shall require Producer or its contractors or subcontractors to comply with, or assume liability created by other inapplicable provisions of the California Labor Code;
7.17.2. Require that all contractors and subcontractors employed or otherwise utilized be licensed under California’s Contractors’ State License Board Rules and Regulations;
7.17.3. Require that all contractors and subcontractors employed or otherwise utilized to perform electrical work be licensed as class C-10 electrical contractors under California’s Contractors’ State License Board Rules and Regulations, and all Electricians be certified to perform electrical work under California Labor Code Section 3099 et seq.; and
7.17.4. Employ or otherwise utilize, and shall cause all of its contractors and subcontractors to employ or otherwise utilize, (could give rise to the extent that apprentice Electricians are employed or otherwise utilized) only apprentice Electricians that have enrolled filing of any such liens against Owner’s interest in an apprentice training program that (i) is certified by the State of California, and (ii) has graduated at least one (1) apprentice per year for each of the five (5) years before the date that such apprentice Electrician is employed or otherwise utilizedEvent Areas.
Appears in 1 contract
Samples: Facilities Use Agreement
Producer’s Obligations. 7.1. Before the Term Start Date, Producer must demonstrate to SCE that:
7.1.1. Producer has satisfied all of the requirements for Producer to Operate the Generating Facility in accordance with the terms of this Agreement, Applicable Law, the SCE Tariffs and the CAISO Tariff, and any other applicable contractual, tariff, legal and regulatory requirements.
7.2. Throughout the Term, Producer shall provide and convey the Product to SCE in accordance with the terms of this Agreement, and SCE shall have the exclusive right to the Product. Producer shall, at its own cost, take all reasonable actions and execute all documents or instruments that are reasonable and necessary to effectuate the use of the Green Attributes, Resource Adequacy Benefits and Capacity Attributes for SCE’s benefit throughout the Term.
7.3. Producer hereby provides and conveys all Green Attributes associated with all electricity generation from the Generating Facility to SCE as part of the Product being delivered. Producer represents and warrants that Producer holds the rights to all Green Attributes from the Generating Facility, and Producer agrees to convey and hereby conveys all such Green Attributes to SCE as included in the delivery of the Product from the Generating Facility.
7.4. Throughout the Term, Producer shall grant, pledge, assign and otherwise commit to SCE the generating capacity of the Generating Facility in order for SCE to use in meeting its resource adequacy obligations under any Resource Adequacy Rulings.
7.5. As of the Effective Date and until the Term End Date, Producer may not provide or convey any of the Product to any individual or entity other than SCE.
7.6. Producer shall have Site Control as of the earlier of (i) the Term Start Date or (ii) any period before the Term Start Date to the extent necessary for Producer to perform its obligations under this Agreement and, in each case, Producer shall maintain Site Control throughout the Term. Producer shall promptly provide SCE with Notice if there is any change in the status of Producer’s Site Control.
7.7. Producer shall, at its own cost, obtain and maintain all interconnection rights and interconnection agreements, and any related Governmental Authority approvals required to enable interconnection with SCE’s electric system to the Delivery Point.
7.8. Producer shall, at its own cost, obtain and maintain all Permits and agreements necessary to Operate the Generating Facility and to deliver the Product from the Generating Facility to the Delivery Point.
7.9. Producer shall Operate the Generating Facility in compliance with the SCE Tariffs and the CAISO Tariff, and all Applicable Laws. Producer shall secure and maintain in full force all of the CAISO agreements, certifications and approvals required in order for the Generating Facility to comply with the CAISO Tariff.
7.10. Producer shall comply with all rules and regulations regarding PIRP/EIRP if SCE elects to place any Generating Facility in PIRP/EIRP. Producer shall install the Telemetering System that is designed to function in accordance with the CAISO’s PIRP/EIRP protocols and SCE’s communication system. In no event shall the Telemetering Installation Costs exceed twenty thousand dollars ($20,000) (the “Telemetering Cost Cap”); provided, however, that if the Telemetering Installation Costs exceed the Telemetering Cost Cap then SCE shall have the right, but no obligation, in its sole discretion, to agree to pay for such costs in excess of the Telemetering Cost Cap. To the extent requested by SCE, Producer shall provide evidence of the Telemetering Installation Costs satisfactory to SCE.
7.11. Producer shall, at its own cost, install, maintain and test the CAISO-Approved Meter pursuant to the CAISO Tariff, SCE’s electric service requirements and Prudent Electrical Practices. SCE may, at its sole cost, furnish and install one Check Meter at the interconnection associated with the Generating Facility at a location provided by Producer that is compliant with SCE’s electric service requirements. The Check Meter must be interconnected with SCE’s communication network to permit (i) periodic, remote collection of revenue quality meter data, and (ii) back-up real time transmission of operating- quality meter data through the Telemetering System. SCE shall compare the Check Meter data to the CAISO-Approved Meter data. If the deviation between the CAISO-Approved Meter data and the Check Meter data for any comparison is greater than 0.3%, SCE shall provide Notice to Producer of such deviation and the Parties shall mutually arrange for a meter check or recertification of the Check Meter or CAISO-Approved Meter, as applicable. Each Party shall bear its own costs for any meter check or recertification. Testing procedures and standards for the Check Meter will be the same as for a comparable SCE-owned meter. Producer shall have the right to have representatives present during all such tests. The Check Meter is intended to be used for back-up purposes in the event of a failure or other malfunction of the CAISO-Approved Meter, and Check Meter data shall only be used to validate the CAISO-Approved Meter data and, in the event of a failure or other malfunction of the CAISO-Approved Meter, in place of the CAISO-Approved Meter until such time that the CAISO- Approved Meter is recertified.
7.12. Producer shall:
7.12.1. Operate the Generating Facility in accordance with Prudent Electrical Practices;
7.12.2. Comply with the requirements set forth in Appendix D;
7.12.3. Use commercially reasonable efforts to Operate the Generating Facility so that the electric energy produced by the Generating Facility, net of Station Use, conforms with the Forecast provided in accordance with Appendix D;
7.12.4. Maintain and provide electronically or in hard copy a copy of all relevant daily Operating records to SCE within twenty (20) days of Notice from SCE, including records showing (i) real and reactive power production, (ii) changes in Operating status, (iii) protective apparatus operations, and (iv) any unusual conditions found during inspections of the Generating Facility or the Site;
7.12.5. At least seventy-five (75) days before the Term End Date or as soon as practicable before the date of an early termination of this Agreement, (i) submit to the CAISO the name of the Scheduling Coordinator that will replace SCE, and (ii) cause the Scheduling Coordinator that will replace SCE to submit a letter to the CAISO accepting the designation as Producer’s Scheduling Coordinator;
7.12.6. Take all actions necessary to ensure that the owner of the Site waives all claims for eligibility for, and does not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility; and
7.12.7. Comply with all NERC reliability standards and requirements applicable to the generator owner and generator operator of the Generating Facility.
7.13. Producer shall provide Notice to SCE within one (1) Business Day if there is a termination of, or cessation of service under, any agreement required in order for any Generating Facility to (i) interconnect with SCE’s electric system, (ii) transmit and deliver electric energy to the Delivery Point, or (iii) own and operate any CAISO-Approved Meter.
7.14. Producer agrees, that, in accordance with FERC Order No. 697, upon request of SCE, Producer shall submit a letter of concurrence in support of an affirmative statement by SCE that the contractual arrangement set forth in this Agreement does not transfer “ownership or control of generation capacity” from Producer to SCE, as the term “ownership or control of generation capacity” is used in 18 CFR Section 35.42. Producer also agrees that it will not, in filings, if any, made subject to Order Nos. 652 and 697, claim that the contractual arrangement set forth in this Agreement conveys ownership or control of generation capacity from Producer to SCE.
7.15. With respect to WREGIS, Producer shall cause and allow SCE to be the “Qualified Reporting Entity” and “Account Holder” (as such terms are defined by WREGIS) for the Generating Facility.
7.16. Producer waives all claims for eligibility for, and will not submit any claim for receipt of funds under the California Solar Initiative or any net energy metering tariff for any Generating Facility or any future modifications to any Generating Facility.
7.17. With respect to the construction, alteration, demolition, installation, and repair work of the Generating Facility, Producer shall:
7.17.1. Use reasonable efforts to ensure that all Electricians hired by Producer and its contractors and subcontractors are paid wages at rates not less than those prevailing for Electricians performing similar work in the locality provided by Division 2, Part 7, Chapter 1 of the California Labor Code. Nothing herein shall require Producer or its contractors or subcontractors to comply with, or assume liability created by other inapplicable provisions of the California Labor Code;
7.17.2. Require that all contractors and subcontractors employed or otherwise utilized be licensed under California’s Contractors’ State License Board Rules and Regulations;
7.17.3. Require that all contractors and subcontractors employed or otherwise utilized to perform electrical work be licensed as class C-10 electrical contractors under California’s Contractors’ State License Board Rules and Regulations, and all Electricians be certified to perform electrical work under California Labor Code Section 3099 et seq.; and
7.17.4. Employ or otherwise utilize, and shall cause all of its contractors and subcontractors to employ or otherwise utilize, (to the extent that apprentice Electricians are employed or otherwise utilized) only apprentice Electricians that have enrolled in an apprentice training program that (i) is certified by the State of California, and (ii) has graduated at least one (1) apprentice per year for each of the five (5) years before the date that such apprentice Electrician is employed or otherwise utilized.
Appears in 1 contract
Samples: Power Purchase and Sale Agreement
