Common use of Repayment of Amounts Advanced for Network Upgrades Clause in Contracts

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, to be credited to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits shall include interest calculated from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignment. Notwithstanding the foregoing, Transmission Provider or Affected System Operator will continue to provide credits to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to the period of time under which such crediting will occur. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 6 contracts

Samples: Standard Large Generator Interconnection Agreement (Lgia), Standard Large Generator Interconnection Agreement (Lgia), Standard Large Generator Interconnection Agreement (Lgia)

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Repayment of Amounts Advanced for Network Upgrades. The Interconnection Customer shall be entitled to ongoing credits to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to the Transmission Provider and Affected System Operatoroperator, if any, for the Network Upgrades, and not otherwise refunded to the Interconnection Customer, to be credited to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under the Transmission Provider's Tariff or Affected System's Tariff for transmission services with respect to the Large Small Generating Facility; provided, that the Transmission Provider shall net bill or bill credit the Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) the Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to the Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to the Transmission Provider. With Transmission Provider’s approval, the Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignment. . 5.2.1.1 Notwithstanding the foregoing, the Transmission Provider or any applicable Affected System Operator operators will continue to provide credits to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to the period of time under which such crediting will occur. . 5.2.1.2 If the Large Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Transmission Provider and Affected System Operator operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to the Interconnection Customer. Such amounts shall be subsequently credited by the Transmission Provider to the new party in accordance with Article 11.4 5.2.1 of this LGIAAgreement. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 3 contracts

Samples: Small Generator Interconnection Agreement (Sgia), Small Generator Interconnection Agreement (Sgia), Small Generator Interconnection Agreement (Sgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC=s regulations at 18 C.F.R. '35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occur. all amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date.. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 2 contracts

Samples: Standard Large Generator Interconnection Agreement (Lgia), Standard Large Generator Interconnection Agreement (Lgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax- related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-non- usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. '35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 2 contracts

Samples: Standard Large Generator Interconnection Agreement (Lgia), Standard Large Generator Interconnection Agreement (Lgia)

Repayment of Amounts Advanced for Network Upgrades. The Interconnection Customer shall be entitled to ongoing credits to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to the Transmission Provider and Affected System Operatoroperator, if any, for the Network Upgrades, and not otherwise refunded to the Interconnection Customer, to be credited to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under the Transmission Provider's Tariff or Affected System's Tariff for transmission services with respect to the Large Small Generating Facility; provided, that the Transmission Provider shall net bill xxxx or bill xxxx credit the Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) the Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to the Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to the Transmission Provider. With Transmission Provider’s approval, the Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill xxxx crediting agreement with Transmission Provider that is effective throughout the entire term of the assignment. . 5.2.1.1 Notwithstanding the foregoing, the Transmission Provider or any applicable Affected System Operator operators will continue to provide credits to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to the period of time under which such crediting will occur. . 5.2.1.2 If the Large Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Transmission Provider and Affected System Operator operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to the Interconnection Customer. Such amounts shall be subsequently credited by the Transmission Provider to the new party in accordance with Article 11.4 5.2.1 of this LGIAAgreement. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 2 contracts

Samples: Small Generator Interconnection Agreement (Sgia), Small Generator Interconnection Agreement (Sgia)

Repayment of Amounts Advanced for Network Upgrades. 5.3.1.1 Repayment of Amounts Advanced Regarding Non-Phased Generating Facilities An Interconnection Customer with a non-Phased Generating Facility in Queue Cluster 5 or earlier, or an Interconnection Customer in the Independent Study Process or the Fast Track Process that has been tendered a Generator Interconnection Agreement before December 19, 2014, shall be entitled to a repayment for the Interconnection Customer’s contribution to the cost of Network Upgrades commencing upon the Commercial Operation Date of its Generating Facility. An Interconnection Customer with a non-Phased Generating Facility in Queue Cluster 6 or later, or an Interconnection Customer in the Independent Study Process or the Fast Track Process that has not been tendered an Interconnection Agreement before December 19, 2014, shall be entitled to repayment for the Interconnection Customer’s contribution to the cost of Network Upgrades placed in service on or before the Commercial Operation Date of its Small Generating Facility, commencing upon the Commercial Operation Date of the Small Generating Facility. Repayment for the Interconnection Customer’s contribution to the cost of Network Upgrades placed into service after the Commercial Operation Date of its Small Generating Facility shall, for each of these Network Upgrades, commence no later than the later of: (i) the first month of the calendar year following the year in which the Network Upgrade is placed into service or (ii) 90 days after the Network Upgrade is placed into service. An Interconnection Customer subject to this Article 5.3.1.1 shall be entitled to repayment for its contribution to the cost of Network Upgrades as follows: (a) For Reliability Network Upgrades, the Interconnection Customer shall be entitled to ongoing credits a repayment of the Interconnection Customer’s assigned cost responsibility for Reliability Network Upgrades up to its transmission chargesa maximum of $60,000 per MW of generating capacity. For purposes of this determination, generating capacity will be based on the capacity of the Interconnection Customer’s Generating Facility at the time it achieves Commercial Operation. To the extent that such repayment does not cover all of the costs of the Interconnection Customer’s Reliability Network Upgrades, the total amount Interconnection Customer shall receive CRRs for that portion of which will its Reliability Network Upgrades that are not covered by cash repayment. (b) For Local Delivery Network Upgrades: i. If the Interconnection Customer is an Option (B) Interconnection Customer and has been allocated and continues to be paid in eligible to receive TP Deliverability pursuant to the GIDAP, the Interconnection Customer shall be entitled to repayment of a timely manner and will equal portion of the total amount paid to Transmission Provider and Affected System Operator, if any, the Participating TO for the cost of Local Delivery Network Upgrades for which it is responsible. The repayment amount shall be determined by dividing the amount of TP Deliverability received by the amount of deliverability requested by the Interconnection Customer, and multiplying that percentage by the total amount paid to the Participating TO by the Interconnection Customer for Local Delivery Network Upgrades. ii. If the Interconnection Customer is an Option (B) Interconnection Customer and has not been allocated any TP Deliverability, the Interconnection Customer shall not be entitled to repayment for the cost of Local Delivery Network Upgrades. iii If the Interconnection Customer is an Option (A) Interconnection Customer, the Interconnection Customer shall be entitled to a repayment equal to the total amount paid to the Participating TO for the costs of Local Delivery Network Upgrades for which it is responsible. (c) For Area Delivery Network Upgrades, to be credited to the Interconnection Customer shall not be entitled to repayment for the costs of Area Delivery Network Upgrades. (d) If an Option (B) Interconnection Customer elects and is eligible to construct and own Merchant Network Upgrades as set forth in Article 5.2.1 of this SGIA, then the Interconnection Customer shall not be entitled to any repayment pursuant to this SGIA. Unless an Interconnection Customer has provided written notice to the CAISO that it is declining all or part of such repayment, such amounts shall include any tax gross-up or other tax-related payments associated with Network Upgrades not refunded to the Interconnection Customer, and shall be paid to the Interconnection Customer by the Participating TO on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits shall include interest calculated from the date of any payment for Network Upgrades either through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate direct payments made on a levelized basis over the five-year period commencing on the applicable to the Network Upgrades date as provided for in this Article 5.3.1.1; or (2) any alternative payment schedule that is mutually agreeable to the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign and Participating TO, provided that such crediting rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that amount is effective throughout the entire term paid within five (5) years of the assignmentapplicable commencement date. Notwithstanding the foregoing, Transmission Provider or Affected System Operator will continue if this Agreement terminates within five (5) years of the applicable commencement date, the Participating TO’s obligation to provide credits pay refunds to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction shall cease as to the period of time under which such crediting will occur. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use date of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be madetermination.

Appears in 2 contracts

Samples: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement

Repayment of Amounts Advanced for Network Upgrades. The Interconnection Customer shall be entitled to ongoing credits to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to the Transmission Provider and Affected System Operatoroperator, if any, for the Network Upgrades, and not otherwise refunded to the Interconnection Customer, to be credited to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under the Transmission Provider's Tariff or Affected System's Tariff for transmission services with respect to the Large Small Generating Facility; provided, that the Transmission Provider shall net bill xxxx or bill xxxx credit the Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) the Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to the Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to the Transmission Provider. With Transmission Provider’s approval, the Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill xxxx crediting agreement with Transmission Provider that is effective throughout the entire term of the assignment. . 5.2.1.1 Notwithstanding the foregoing, the Transmission Provider or any applicable Affected System Operator operators will continue to provide credits to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to the period of time under which such crediting will occur. . 5.2.1.2 If the Large Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Transmission Provider and Affected System Operator operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to the Interconnection Customer. Such amounts shall be subsequently credited by the Transmission Provider to the new party in accordance with Article 11.4 article 5.2.1 of this LGIAAgreement. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 2 contracts

Samples: Small Generator Interconnection Agreement (Sgia), Small Generator Interconnection Agreement (Sgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's ’s Tariff or and Affected System's ’s Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. § 35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that Arizona Public Service Company APS Contract No. 52023 LGIA (Large Generator Interconnection Agreement) ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Interconnection Agreement (Renegy Holdings, Inc.)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Standard Large Generator Interconnection Agreement

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Distribution Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Distribution Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Transmission Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Service Agreement for Wholesale Distribution Service

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Distribution Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-dollar- for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Distribution Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Transmission Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-non- usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Generator Interconnection Agreement (Gia)

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Repayment of Amounts Advanced for Network Upgrades. The Interconnection Customer shall be entitled to ongoing credits to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to the Transmission Provider and Affected System Operatoroperator, if any, for the Network Upgrades, and not otherwise refunded to the Interconnection Customer, to be credited to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under the Transmission Provider's Tariff or Affected System's Tariff for transmission services with respect to the Large Small Generating Facility; provided, that the Transmission Provider shall net bill xxxx or bill xxxx credit the Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) the Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to the Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to the Transmission Provider. With Transmission Provider’s approval, the Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill xxxx crediting agreement with Transmission Provider that is effective throughout the entire term of the assignment. . 5.2.1.1 Notwithstanding the foregoing, the Transmission Provider or any applicable Affected System Operator operators will continue to provide credits to the Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to the period of time under which such crediting will occur. . 5.2.1.2 If the Large Small Generating Facility fails to achieve commercial operation, but it or another Generating Facility generating facility is later constructed and makes requires use of the Network Upgrades, the Transmission Provider and Affected System Operator operator shall at that time reimburse the Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to the Interconnection Customer. Such amounts shall be subsequently credited by the Transmission Provider to the new party in accordance with Article 11.4 Aarticle 5.2.1 of this LGIAAgreement. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facilitygenerating facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Small Generator Interconnection Agreement (Sgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, to be credited paid to Interconnection Customer on a dollar-for-for- dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated at the rate for ten-year bonds posted on Bloomberg, L.P., under the United States Government Agency fair market yield curve (yield curve number 84) as in effect on the first day of the month during which Transmission Provider receives the first payment for Network Upgrades, such interest to accrue from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five (5) years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid; or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-non- usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Large Generator Interconnection Agreement

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC's regulations at 18 C.F.R. § 35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operationCommercial Operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Standard Large Generator Interconnection Agreement (Lgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated at the rate for ten-year bonds posted on Bloomberg, L.P., under the United States Government Agency fair market yield curve (yield curve number 84) as in effect on the first day of the month during which Transmission Provider receives the first payment for Network Upgrades, such interest to accrue from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing person. (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid,; or bill crediting agreement with Transmission Provider (2) declare in writing that is effective throughout the entire term of the assignment. Notwithstanding the foregoing, Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.made.‌

Appears in 1 contract

Samples: Standard Large Generator Interconnection Agreement (Lgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Distribution Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-dollar- for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Distribution Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Transmission Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-non- usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Clustering Large Generator Interconnection Agreement (Giaclgia)

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Distribution Provider and Affected System Operator, if any, for the Network Upgrades, including any tax gross-up or other tax-related payments associated with Network Upgrades, and not refunded to Interconnection Customer pursuant to Article 5.17.8 or otherwise, to be credited paid to Interconnection Customer on a dollar-dollar- for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Distribution Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated in accordance with the methodology set forth in FERC’s regulations at 18 C.F.R. §35.19a(a)(2)(iii) from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignment. person.‌ Notwithstanding the foregoing, Transmission Interconnection Customer, Distribution Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Distribution Provider and Affected System Operator take one of the following actions no later than five years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid, or (2) declare in writing that Distribution Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-non- usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Distribution Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Clustering Large Generator Interconnection Agreement and Distribution Service Agreement

Repayment of Amounts Advanced for Network Upgrades. Interconnection Customer shall be entitled to ongoing credits a cash repayment, equal to its transmission charges, the total amount of which will be paid in a timely manner and will equal the total amount paid to Transmission Provider and Affected System Operator, if any, for the Network Upgrades, to be credited paid to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, as payments are made under Transmission Provider's Tariff or and Affected System's Tariff for transmission services with respect to the Large Generating Facility; provided, that Transmission Provider shall net bill or bill credit Interconnection Customer for any amounts to be credited. Any credits repayment shall include interest calculated at the rate for ten-year bonds posted on Bloomberg, L.P., under the United States Government Agency fair market yield curve (yield curve number 84) as in effect on the first day of the month during which Transmission Provider receives the first payment for Network Upgrades, such interest to accrue from the date of any payment for Network Upgrades through the date on which the Interconnection Customer receives a repayment of such payment pursuant to this subparagraph, with such interest to be fixed for the length of the crediting period at the lower of either (1) Interconnection Customer’s interest rate applicable to the Network Upgrades or (2) the Federal interest rate applicable to Transmission Provider’s Transmission System at the time the Network Upgrades are placed in service and ownership thereof is transferred to Transmission Provider. With Transmission Provider’s approval, Interconnection Customer may assign such crediting repayment rights to any person having an executed net billing or bill crediting agreement with Transmission Provider that is effective throughout the entire term of the assignmentperson. Notwithstanding the foregoing, Interconnection Customer, Transmission Provider, and Affected System Operator may adopt any alternative payment schedule that is mutually agreeable so long as Transmission Provider and Affected System Operator take one of the following actions no later than five (5) years from the Commercial Operation Date: (1) return to Interconnection Customer any amounts advanced for Network Upgrades not previously repaid,; or (2) declare in writing that Transmission Provider or Affected System Operator will continue to provide credits payments to Interconnection Customer on a dollar-for-dollar basis for the non-usage sensitive portion of transmission charges, without any restriction as to or develop an alternative schedule that is mutually agreeable and provides for the period return of time under which such crediting will occurall amounts advanced for Network Upgrades not previously repaid; however, full reimbursement shall not extend beyond twenty (20) years from the Commercial Operation Date. If the Large Generating Facility fails to achieve commercial operation, but it or another Generating Facility is later constructed and makes use of the Network Upgrades, Transmission Provider and Affected System Operator shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades; provided, that the party making use of the Network Upgrades must first pay to Transmission Provider all amounts to be reimbursed to Interconnection Customer. Such amounts shall be subsequently credited by Transmission Provider to the new party in accordance with Article 11.4 of this LGIA. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the Generating Facility, if different, is responsible for identifying the entity to which reimbursement must be made.

Appears in 1 contract

Samples: Standard Large Generator Interconnection Agreement (Lgia)

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