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 Point of Delivery on a delivery schedule consistent with the Facility’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 the Facility 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 Facility during the period for which the Replacement Energy is being provided.
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.
(i) Tenaska's proposal to deliver Replacement Energy shall include the amount of energy to be delivered; the duration that Replacement Energy will be provided, up to the duration of the Forced Outage; the source of the Replacement Energy; a representation that the Replacement Energy cannot be recalled by a third party and cannot be claimed by a third party as being the energy component of a separate capacity purchase arrangement. Unless otherwise mutually agreed to by the Parties, Replacement Energy will be deemed to be Delivered Energy as if it were delivered from the Plant under this Agreement.
(ii) PECO will be responsible for arranging transmission from the Replacement Energy source to PECO's customer unless Tenaska offers the use of transmission rights controlled by Tenaska which PECO agrees to use, and which require Tenaska as transmission purchaser to provide scheduling information to affected control area operators.
(iii) PECO may decline to receive Replacement Energy by providing two hours prior notice to Tenaska, and Tenaska will not receive credit under the calculation of Availability Percentages (A) if PECO's customer or an affected control area operator is unwilling to, and is not required to, accept a source change pursuant to the agreement between PECO and such customer or such control area operator; (B) if necessary scheduling and documentary notifications for the schedule change cannot reasonably be completed in a timely manner; (C) if the amount of the Replacement Energy is less than 50 MW; or (D) if delivery of Replacement Energy to PECO's customers uses a less reliable transmission delivery path than the transmission of energy from the Plant and Tenaska has not agreed to compensate PECO for transmission interruptions which PECO would not have incurred for energy deliveries from the Plant. PECO may also decline to receive Replacement Energy by providing as much prior notice as is practicable, (which in any event shall not be less than 2 hours) to Tenaska if PECO determines that Replacement Energy is less economic than another source of energy available to PECO. If...
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.
(b) In connection with any outage for which Seller delivers written Notice (including by e-mail) to Buyer stating that Seller anticipates such outage will continue for forty-eight (48) hours or more, and Seller has delivered a Plan to Buyer:
(i) Buyer may, upon written Notice to Seller, Collateral Agent or Tax Equity Investor(s) (as applicable), purchase replacement energy for a period of time equal to the lesser of (A) the remaining period of time outlined in such Plan, or (B) seven (7) days; provided, for the avoidance of doubt, that if the Plan provides a timeline greater than seven (7) days to resume the delivery of Energy to the Delivery Point, Buyer may continue to purchase replacement energy upon written Notice to Seller, Collateral Agent or Tax Equity Investor (as applicable) on a rolling basis until the date on which delivery of Energy to the Delivery Point is anticipated to resume, as specified in the Plan;
(ii) Buyer shall not be obligated to purchase or receive Delivered Energy during such period; and
(iii) Seller, Collateral Agent or Tax Equity Investor(s) (as applicable) shall provide regular Plan updates to Buyer.
(c) In connection with any outage that is not a Planned Outage or a Maintenance Outage and for which Seller fails to deliver written Notice (including by e-mail) to Buyer within twenty-four (24) hours after the occurrence of such outage.
(i) Buyer may, upon written Notice to Seller, Collateral Agent or Tax Equity Investor(s) (as applicable), purchase replacement energy for a period of time equal to seven (7) days, and Buyer may continue to purchase replacement energy upon written Notice to Seller or Collateral Agent (as applicable) on a rolling basis until the date on which delivery of Energy to the Delivery Point is anticipated to resume, as specified in a Plan;
(ii) Buyer shall not be obligated to purchase or receive Delivered Energy during such period; and
(iii) Seller,...
Replacement Energy. 4.7.1.1 The cost of replacement energy is calculated as the difference in the cost of NSP generation and purchases to supply NSP native requirements with and without the supply of steam to NORENCO. The change in NSP generation cost will include the changes in fuel and maintenance for startup and hours of operation, and the incremental ash disposal cost. The change in billing cost for purchases with and without the supply of steam to NORENCO will also be used in the calculation.
Replacement Energy. During the Shortfall Makeup Period, the amount of Shortfall Energy shall first be reduced by the amount of any (a) Facility Energy or Deemed Generated Energy from the Facility delivered or deemed to be delivered above the Guaranteed Generation from the Facility during the applicable Shortfall Makeup Period, and (b) Replacement Energy delivered by Seller during the Shortfall Makeup Period, which Replacement Energy shall be delivered to the Point of Delivery or other point of delivery designated by Buyer (which point of delivery shall be deemed the “Point of Delivery” for such Replacement Energy for purposes of Article VII and the other Scheduling and delivery provisions hereof) and on a delivery schedule mutually agreed to by Seller and Buyer’s Authorized Representative. To the extent Seller is unable to deliver or provide sufficient Facility Energy, Deemed Generated Energy, or Replacement Energy to make up the remaining Shortfall Energy, then Seller shall, at the end of the Shortfall Makeup Period, pay Buyer liquidated damages in accordance with Section 9.3. Notwithstanding the foregoing, at the end of each RPS Compliance Period during the Delivery Term, if there is any Shortfall Energy at such time, Seller shall pay Buyer liquidated damages in accordance with Section 9.3 for the amount of Shortfall Energy in the last calendar year of such RPS Compliance Period.
Replacement Energy. Energy supplied by Buyer that replaces energy that would have been supplied by Old Dominion Peaking Generation but for the circumstances specified in Section 8.04(b)(ii)(C) of this Agreement. Issued by: Gregxxx X. Xxxxxx Effective: [SUPPLY] Managing Director of Energy Supply Issued on: [SUPPLY] Virginia Electric and Power Company FERC Electric Tariff Original Volume No. 6 Original Service Agreement No. 25 Original Sheet No. 18
Replacement Energy. If Seller elects to provide Replacement Energy for any Shortfall Energy, then Seller may, at any time during the applicable Shortfall Makeup Period provide Buyer with (i) that quantity of Replacement Energy that is equal to all or any portion of the Shortfall Energy. Buyer shall pay Seller for Replacement Energy at the Contract Price applicable to the Shortfall Energy. The Replacement Energy shall be delivered to Buyer at the Point of Delivery (or another point of delivery reasonably acceptable to Buyer) on a delivery schedule consistent with the Facility’s historic percentage of on-peak and off-peak Delivered Energy or as otherwise agreed by Seller and Buyer. As employed in this Agreement, “Replacement Energy” means Energy produced by a facility (or facilities) other than the Facility that, at the time delivered to Buyer, (A) is both RPS Compliant and EPS Compliant, (B) qualifies under California Public Utilities Code Section 399.16(b)(1) as amended from time to time and any successor law or regulation of similar applicability and effect, provided that any Replacement Energy is eligible to be counted within the same RPS Law compliance period as the compliance period during which the initial applicable Shortfall Energy occurred, (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, and (D) provides the equivalent RA/LCR Attributes.
