Replacement Energy. Subject to the provisions of this Agreement, Seller may provide Buyer with Replacement Energy as set forth below in this Section 2.4(a) during a Scheduled Maintenance Outage or an Unscheduled Outage, but only to the extent of any associated Derate. Seller may provide Replacement Energy from a source that differs from the DNR selected by Seller to supply Replacement Capacity, if any.
Replacement Energy. “Replacement Energy” shall have the definition set forth in the Power Purchase Agreement.
Replacement Energy. Seller may reduce the amount of Shortfall Energy by providing Replacement Energy in the same Contract Year. The Replacement Energy shall be delivered to Buyer at the Points of Delivery on a delivery schedule reasonably approved by Buyer and consistent with the Project’s historic delivery profile. As employed in this Agreement, “Replacement Energy” means Energy and associated Green Attributes that is produced by a Replacement Unit (a) for which Seller has obtained rights to sell prior to the time that the Energy and associated Green Attributes have been generated, (b) that Seller has not sold or transferred to any other person or entity, (c) that is free and clear of all encumbrances, (d) that includes Green Attributes that have the same value and the same vintage with respect to the timeframe for retirement of such Green Attributes as the Green Attributes that would have been generated by the Project during the period for which the Replacement Energy is being provided; and (e) that is transferred to Buyer in real time.
Replacement Energy. The amount of Shortfall Energy shall first be reduced by the amount of any Excess Energy delivered during the applicable Shortfall Makeup Period. To the extent there remains Shortfall Energy after the end of the applicable Shortfall Makeup Period, Seller shall, within ninety (90) days following the end of such Shortfall Makeup Period, provide Buyer with that quantity of Replacement Energy that is sufficient to make up the remaining Shortfall Energy in full. The Replacement Energy shall be delivered to Buyer at the Points of Delivery on a delivery schedule consistent with the Project’s historic percentage of on-peak and off-peak Delivered Energy. As employed in this Agreement, “Replacement Energy” means Energy produced by a facility other than one of the Facilities that, at the time delivered to Buyer, is (A) both RPS Compliant and EPS Compliant, (B) qualifies under California Public Utilities Code Section 399.16(b)(1), and (C) includes Environmental Attributes that have the same value and the same or comparable vintage with respect to the timeframe for retirement of such Environmental Attributes, if any, as the Environmental Attributes that would have been generated by the Project during the period for which the Replacement Energy is being provided.
Replacement Energy. The amount of Shortfall Energy shall first be reduced by the amount of any Excess Energy during the applicable Shortfall Makeup Period. To the extent there remains Shortfall Energy after the end of the applicable Shortfall Makeup Period, Seller shall, within ninety (90) days following the end of such Shortfall Makeup Period, provide Buyer with (i) that quantity of Replacement Energy that is sufficient to make up the remaining Shortfall Energy in full, including all of the associated Environmental Attributes. The Replacement Energy shall be delivered to Buyer at the Point of Delivery (or other point as reasonably requested by Buyer or as mutually agreed to in writing by the Parties) on a delivery schedule consistent with the Facility’s historic percentage of on-peak and off-peak Delivered Energy, or such other delivery schedule as mutually agreed to by the Parties. As employed in this Agreement, “Replacement Energy” means Energy produced by a facility other than the Facility (“Replacement Facility”) that, at the time delivered to Buyer, is (A) both RPS Compliant and EPS Compliant, (B) qualifies under PUC 399.16(b)(1), and (C) includes Environmental Attributes that have the same or comparable value, including with respect to the timeframe for retirement of such Environmental Attributes, if any, as the Environmental Attributes that would have been generated by the Facility during the period for which the Replacement Energy is being provided.
Replacement Energy. (a) Subject to clauses (b) and (c) of this Section 3.7, in the event of a Planned Outage, Maintenance Outage, Forced Outage, or an outage in connection with a Force Majeure Event or any other Seller Excuse, during the period of such outage, Buyer (i) has the right to purchase replacement energy as necessary and (ii) shall be relieved from the obligation to receive and purchase, or cause to be received and purchased, Buyer’s Share of the Energy at the Delivery Point; provided, that Seller shall have no obligation to reimburse Buyer for any such replacement energy.
Replacement Energy. Subject to the provisions of this Agreement, Seller may provide Buyer with Replacement Energy as set forth below in this Section 2.4(a) during a Scheduled Maintenance Outage or an Unscheduled Outage, but only to the extent of any associated Derate. Seller may provide Replacement Energy from a source that differs from the DNR selected by Seller to supply Replacement Capacity, if any. Unscheduled Outage Replacement Energy Notices If the event or condition constituting the Derate is an Unscheduled Outage, Seller shall telephonically notify the Dispatch Authority Function of Seller's election in accordance with Section 2.4(a)(iii) below (to provide or not to provide Replacement Energy) as soon as practicable but no later than the Notice Time on the day following the day the Derate commenced with confirmation (by email or facsimile) within 24 hours. Seller's election shall be effective based on a "Weekly Schedule", which means seven consecutive days beginning at 00:00 MISO Market Time on any day of the week following the appropriate Notice Time and ending at 23:59 MISO Market Time on the seventh day. Seller shall provide Buyer notice of its intent to continue or discontinue its Replacement Energy election no later than two (2) Business Days prior to the commencement of the applicable Weekly Schedule. Scheduled Maintenance Replacement Energy Notices If the event or condition constituting the Derate is a Scheduled Maintenance Outage, Seller shall telephonically notify the Dispatch Authority Function of Seller's election in accordance with Section 2.4(a)(iii) below to provide or not to provide Replacement Energy no later than two (2) Business Days prior to the scheduled commencement of such Scheduled Maintenance Outage with confirmation (by email or facsimile) within 24 hours. Seller's election shall be effective based on a Weekly Schedule. Seller shall provide Buyer notice of its intent to continue or discontinue its Replacement Energy election no later than two (2) Business Days prior to the commencement of the applicable Weekly Schedule. Replacement Energy Scheduling
Replacement Energy. In accordance with Operating Procedure #1, attached hereto, any energy that is procured by PNM Marketing, through December 8, 2001, on behalf of TNMP to replace energy lost when energy deliveries under the SPS/TNMP Contract are interrupted or curtailed due to the loss or deration of the Eddy County Tie, and any energy that is procured by PNM Marketing, through December 31, 2002, on behalf of TNMP to replace energy lost when energy deliveries under the EPE/TNMP Contract are interrupted or curtailed.
Replacement Energy. If Seller fails to provide the full amount of Shortfall Energy by the end of the third Contract Year following the Contract Year of the shortfall, or the fourth Contract Year if the shortfall is caused by a Force Majeure event, Seller shall provide to Buyer replacement energy at the Point of Delivery including associated Environmental Attributes comparable to those associated with the Energy produced by the Facility (“Replacement Energy”) within 180-days after the third anniversary, or fourth anniversary if shortfall is caused by a Force Majeure, on a delivery schedule consistent with the Facility’s historic percentage of On Peak and Off Peak Delivered Energy, or other delivery schedules as mutually agreed to by the Parties, provided that such schedule shall not cause the Delivered Energy to be delivered at a rate greater than 200 MW. If Seller fails to deliver Replacement Energy as described above then Buyer shall purchase Replacement Energy and Seller shall reimburse Buyer for said Replacement Energy and promptly notify Seller of the cost of such Replacement Energy.
Replacement Energy. (a) If the Plant cannot fulfill an Energy Request due to a Forced Outage, Tenaska shall have the right to request PECO to accept and purchase capacity and energy from sources other than the Plant and at Points of Delivery other than the Primary Point of Delivery ("Replacement Energy") with at least six hours prior notice, subject to clauses (i) through (v) of this Section 6.11.
