Requirements for Commercial Operation. (a) A Refurbished Unit will achieve “Commercial Operation” at the point in time when the following conditions have been satisfied:
(i) The Counterparty has received a certificate addressed to it from a senior officer of the Generator with responsibility for such matters stating that:
(A) the Generator has received the CNSC’s approval to release such Refurbished Unit’s reactor shutdown guarantee(s);
(B) such senior officer of the Generator has approved raising such Refurbished Unit’s reactor power above 75% of rated capacity and has declared such Refurbished Unit “in service”;
(C) such Refurbished Unit has operated at a net Electricity output greater than 600 MW for 48 consecutive hours; and
(D) there are no conditions in respect of such Refurbished Unit that are reasonably expected to require an Outage in respect of such Refurbished Unit within the next thirty (30) consecutive days; and
(ii) Such Refurbished Unit has:
(A) successfully completed the commissioning tests for such Unit as a “commissioning generation facility” in accordance with the IESO Market Rules and such tests have been approved by the System Operator, whether with or without conditions; and
(B) been declared by the System Operator to be a registered “generation facility” that is subject to Dispatch Instructions and that is no longer a “commissioning generation facility” as defined in the IESO Market Rules. Where the status designations “commissioning generation facility” or “generation facility” are no longer applicable pursuant to the then current IESO Market Rules, the substantially similar designation then applicable will apply.
(b) The Generator agrees to provide to the Counterparty, forthwith after receipt thereof, a copy of the declaration from the System Operator referred to in Section 2.9(a)(ii)(B) above (or other certificate or confirmation from the System Operator confirming such declaration). Notwithstanding Section 2.9(a)(ii), provided that the condition in Section 2.9(a)(i) has been satisfied, the date on which a Refurbished Unit is deemed to achieve “Commercial Operation” shall be the date which is the later of:
(i) the date on which the condition in Section 2.9(a)(i) was satisfied; and
(ii) the date which the System Operator specifies as the date that the conditions in Section 2.9(a)(ii)(A) and Section 2.9(a)(ii)(B) were satisfied, even if the date of the declaration from the System Operator (or other certificate or confirmation from the System Operator confirming the decla...
Requirements for Commercial Operation. The Project will be deemed to have achieved “Commercial Operation” at the point in time:
(a) in the case of the first Commercial Operation Milestone Date when:
(i) the Measurement and Verification Plan submitted by the Supplier in accordance with Section 4.1 has been approved by the Buyer;
(ii) the Supplier has agreed to abide by the DR Protocols specified by the York Region DR Manager and has demonstrated its readiness to do so, which has been confirmed by the York Region DR Manager; and
(b) in the case of the first Commercial Operation Milestone Date and all subsequent Commercial Operation Milestone Dates, when the Buyer has received a certificate addressed to it from the Verification Consultant, procured at the expense of the Supplier, stating that:
(i) the Project has been completed in all material respects excepting punch list items that do not materially and adversely affect the ability of the Project to operate in accordance with this Agreement. In the alternative, the statement set out in this Section 2.4(b)(i) may be provided to the Buyer from an independent professional engineer duly qualified to practice engineering in Ontario; and
(ii) on two (2) separate occasions the Project has curtailed the Electricity demand of the Load as a direct result of the operation of the Control Equipment or DR Measures at 100% of the then applicable Contracted Demand Reduction in compliance with all Laws and Regulations for four
Requirements for Commercial Operation. The Facility will be deemed to have achieved Commercial Operation at the point in time when all of the following occur:
(a) The Supplier (i) has completed its Interconnection Agreement with PJM and, if applicable, FERC has accepted the Interconnection Agreement for filing and
Requirements for Commercial Operation. The following requirements must be satisfied by Emera or waived by the Parties before Commercial Operation of the Maritime Link can commence:
(i) achievement of the mechanical completion by Contractors accepted by Emera with no outstanding punchlist items determined by the Project Manager and Project Director to be of a serious nature that would prevent Commissioning and operation of the Maritime Link;
(ii) Commissioning of the Maritime Link by Emera with no outstanding punchlist items determined by the Project Manager and Project Director to be of a serious nature that would prevent safe operation of the Maritime Link;
(iii) mechanical completion and Commissioning documentation and associated procedures, forms and process are to be at a standard mutually acceptable to the Project Manager and Project Director;
(iv) the Maritime Link has been constructed in accordance with the Basis of Design and is capable of operating at the Design Capacity;
(v) all necessary Facility Real Property Interests have been acquired in accordance with the Land Acquisition Plan;
(vi) all Regulatory Approvals necessary for the Commercial Operation of the Maritime Link as contemplated by the Formal Agreements have been obtained by Emera; and
(vii) all requirements of the System Operators for interconnection of the Maritime Link with the Island Interconnected System and with the bulk energy transmission system in NS have been satisfied.
Requirements for Commercial Operation. The Contract Facility will be deemed to have achieved “Commercial Operation” at the point in time when:
(a) the Buyer has received a certificate addressed to it from an independent professional engineer duly qualified to practice engineering in Ontario, procured at the expense of the Supplier, stating that:
(i) the Contract Facility has been completed in all material respects excepting punch list items that do not materially and adversely affect the ability of the Contract Facility to operate in accordance with this Agreement;
(ii) if the Proposal provides that the Connection Point, or Connection Points with respect to multiple generating facilities being aggregated, are within a Priority Electrical Zone, such Connection Point(s) are located within a Priority Electrical Zone;
(iii) if the Proposal provides that the Contract Facility will provide Automatic System Voltage Support, the Contract Facility has provided Automatic System Voltage Support for eight (8) continuous hours; and
(iv) the Contract Facility has a ramp rate (being defined as the capability to increase or decrease energy output after start-up, synchronization to the system, and technically required hold points, for operation between minimum load and maximum continuous rating) of at least “X” MW/minute, where “X” is a value equal to 4% of the Contract Capacity, and
(b) the Facility has generated Electricity in compliance with all Laws and Regulations for eight (8) continuous hours at an uninterrupted rate not less than 100% of the Contract Capacity. This requirement shall be evaluated based on calculation of the generator output at the generator terminals net of any Station Service Loads, in accordance with the Metering Plan, and shall be satisfied if the energy output in each of the eight (8) hours (in MWh), divided by one hour, is equal to or greater than the Contract Capacity. The Supplier acknowledges and agrees that the Contract Capacity, the energy output of the Facility, and the Station Service Loads, as may be measured by the foregoing test, shall not be adjusted for ambient, weather, or other conditions whatsoever.
Requirements for Commercial Operation.
(a) The Facility will be deemed to have achieved “Commercial Operation” pursuant to this Agreement at the point in time when, as subsequently confirmed by the Sponsor in a written notice to the Supplier as described in Section 2.4(b), the Sponsor has received:
(i) directly from the Independent Engineer, an IE Certificate, in the form set out in Exhibit H, stating that:
(A) the Facility has been completed in all material respects, excepting punch list items that do not materially and adversely affect the ability of the Facility to operate in accordance with this Agreement;
(B) the Connection Point of the Facility is at the location specified in Exhibit A;
(C) the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid, such that at least 100% of the Contract Capacity and the Storage Capacity for the Facility is available to Withdraw, store and Deliver Electricity in accordance with the requirements of all applicable Laws and Regulations; and
(D) the Facility has passed a Performance Test;
(ii) a Supplier’s Certificate, in the form set out in Exhibit I, together with such documentation required to be provided under such form to the Sponsor;
(iii) an updated Metering Plan in the Prescribed Form;
