Resource Adequacy. (a) During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project’s Contract Capacity, including Capacity Attributes from the Project, to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CPUC, CAISO and/or other regional entity may prescribe, including submission of a Supply Plan or Resource Adequacy Plan (“Resource Adequacy Requirements”). From the Execution Date, and for the duration of the Delivery Term, Seller shall take all commercially reasonable actions, including complying with all applicable registration and reporting requirements, and execute any and all documents or instruments necessary to enable Buyer to use all of the capacity of the Project, including Capacity Attributes, to be committed by Seller to Buyer pursuant to this Agreement to meet Buyer’s Resource Adequacy Requirements during the Delivery Term.
(b) Seller shall be responsible for all costs, charges, expenses, penalties, and obligations resulting from Resource Adequacy Standards, if applicable.
(c) Buyer shall be responsible for all costs, charges, expenses, penalties, and obligations resulting from the Replacement Capacity Rules, if applicable, provided that Seller has given Buyer Notice of the outages subject to the Replacement Capacity Rules by the earlier of ninety (90) days before the first day of the month for which the outage will occur or forty-five (45) days before Buyer’s monthly Resource Adequacy capacity showing in accordance with the CAISO Tariff or decision of the CPUC. If Seller fails to provide such Notice, then Seller shall be responsible for all costs, charges, expenses, penalties, and obligations resulting from the Replacement Capacity Rules for such outage.
(d) To the extent Seller has an exemption from the Resource Adequacy Standards or under the CAISO Tariff, Section 3.3(b) above shall not apply. To the extent Seller has an exemption from the Replacement Capacity Rules under the CAISO Tariff, Section 3.3(c) shall not apply. If Seller would like to request such an exemption for this Agreement from the CAISO, Seller shall provide to Buyer, as Seller’s Scheduling Coordinator, Notice specifically requesting that Buyer seek certification or approval of this Agreement as an exempt contract pursuant to the CAISO Tariff; provided that Buyer’s failure to obtain such exemption shall not be an Event of Default and Buyer shall not have any liability to Seller for such failure.
Resource Adequacy. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project’s Contract Capacity, including Capacity Attributes, from the Project to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CPUC, CAISO or other regional entity may prescribe (“Resource Adequacy Requirements”). Seller understands that the CPUC is currently in the process of developing requirements for Resource Adequacy and these requirements and the implementation thereof have not been finalized. Seller agrees that during the Delivery Term Seller shall, at a minimum, comply with the terms set forth in Appendix X to enable Buyer to use all of the capacity, including Capacity Attributes, to be committed by Seller to Buyer pursuant to this Agreement to meet Buyer’s Resource Adequacy Requirements.
Resource Adequacy. The procedures for transmitting load obligation data for the BGS-FP Supplier’s Resource Adequacy Requirements shall be as set forth by the MISO.
Resource Adequacy. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project’s Contract Capacity, including Capacity Attributes from the Project, to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CPUC, CAISO and/or other regional entity may prescribe, including submission of a Supply Plan or Resource Adequacy Plan (“Resource Adequacy Requirements”). From the Execution Date, and for the duration of the Delivery Term, Seller shall take all commercially reasonable actions, including complying with all applicable registration and reporting requirements, and execute any and all documents or instruments necessary to enable Buyer to use all of the capacity of the Project, including Capacity Attributes, to be committed by Seller to Buyer pursuant to this Agreement to meet Buyer’s Resource Adequacy Requirements during the Delivery Term.
Resource Adequacy. In accordance with Public Utilities Code section 2841(f), Seller grants, pledges, assigns and otherwise commits to Buyer the generating capacity of the Generating Facility to the extent necessary in order for Buyer to count such generating capacity to meet its Resource Adequacy obligations. Seller shall comply with CPUC and CAISO requirements to count towards Resource Adequacy; provided however,
(i) If such requirements could interfere with the Operations of Seller, Seller shall be entitled to challenge such requirements with the CPUC or other relevant agency. Absent a ruling or other action granting a stay, Seller’s compliance shall be required pending resolution of the challenge.
(ii) If Seller interconnects the Generating Facility pursuant to a non-FERC-jurisdictional interconnection tariff, Seller shall not be required to provide Resource Adequacy Benefits, and Buyer’s total obligation to obtain Resource Adequacy Benefits pursuant to the Resource Adequacy Rulings with respect to the service area of Buyer will be decreased by the Generating Facility’s generating capacity, provided that, if the outcome of any CPUC proceeding requires Seller to obtain a deliverability study, Seller shall promptly obtain such deliverability study and provide it to Buyer upon the completion of such deliverability study.
(iii) Following the outcome of the distribution interconnection issues proceeding (R.11-09- 011), the Resource Adequacy proceedings (R.09-10-032), and any future CAISO stakeholder process addressing deliverability, a deliverability study may be required for all AB 1613 resources. The CPUC has reserved the right to require appropriate amendments to this Agreement as necessary to address full capacity deliverability issues. The Parties agree to comply with any such CPUC requirement.
Resource Adequacy. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project’s Contract Capacity, including Capacity Attributes, from the Project to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CPUC, CAISO or other regional entity may prescribe (“Resource Adequacy Requirements”). Seller agrees that during the Delivery Term Seller shall, at a minimum, comply with the terms set forth in Appendix X to enable Buyer to use all of the capacity, including Capacity Attributes, to be committed by Seller to Buyer pursuant to this Agreement to meet Buyer’s Resource Adequacy Requirements. Compliance with the foregoing shall include Full Capacity Deliverability Status Finding by the CAISO.
Resource Adequacy. Buyer has exclusive rights to all RA or RA Capacity related products, including, but not limited to, capacity tags, capacity credits, or installed capacity products, associated with the Product and Seller making available to Buyer the Commitment Level (collectively “RA Product”). Seller shall comply with any CPUC or CAISO requirements for assigning RA Product to Buyer. Seller and Buyer agree that throughout the Delivery Term, the Parties shall consider all commercially reasonable actions, and execute any and all documents or instruments, reasonably necessary to enable Buyer to use the RA Product to satisfy Buyer's RAR.
Resource Adequacy. In accordance with Public Utilities Code section 2841(f), Seller grants, pledges, assigns and otherwise commits to Buyer the generating capacity of the Generating Facility to the extent necessary in order for Buyer to count such generating capacity to meet its resource adequacy obligations. Seller shall comply with any demonstration required under Applicable Law in order for Buyer to exercise its rights under this Section 3.02.
Resource Adequacy. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project's capacity up to the Net Rated Output Capacity (“Contract Capacity”) in order for Buyer to meet its resource adequacy requirements, as prescribed by the CPUC or the ISO (“Resource Adequacy Requirements). Seller recognizes that the Resource Adequacy Requirements have not been finalized by the CPUC and agrees that during the Delivery Term Seller shall comply with such requirements once finalized and adopted by the CPUC to ensure that Buyer may include this Transaction in meeting its Resource Adequacy Requirements. The Parties shall take all actions (including, but not limited to, amending the Agreement) and execute all documents or instruments necessary to enable Buyer to use the Contract Capacity during the Delivery Term to meet Buyer’s Resource Adequacy Requirements as ultimately determined by the CPUC. Seller represents and warrants to Buyer that Seller has not used, granted, pledged, assigned or otherwise committed any portion of the Contract Capacity to satisfy the Resource Adequacy Requirement of any party other than Buyer. Seller shall not use, grant, pledge, assign or otherwise commit any portion of the Contract Capacity to satisfy the Resource Adequacy Requirement of any party other than Buyer.
(i) Performance Requirements/Performance Excuses.
Resource Adequacy. As of the Execution Date and during the Delivery Term, Seller shall use commercially reasonable efforts to qualify the Project for Resource Adequacy and certify such Resource Adequacy with the CAISO or other applicable regional entity and Seller shall execute any and all documents or instruments reasonably necessary to enable Buyer to use any RA Capacity from the Project to count toward Buyer's Resource Adequacy Requirements. To assist Seller in its efforts to qualify the Project for Resource Adequacy and certify such Resource Adequacy in accordance with this Section 3.3(a), Buyer shall (i) cooperate with and encourage the CAISO; and (ii) cooperate and coordinate with Seller, in Seller’s efforts. During the Delivery Term, Seller grants, pledges, assigns and otherwise commits to Buyer all of the Project’s Contract Capacity, including Capacity Attributes, to enable Buyer to meet its Resource Adequacy or successor program requirements, as the CPUC, CAISO or other regional entity may prescribe (“Resource Adequacy Requirements”). Seller agrees that during the Delivery Term, Seller shall comply with the terms set forth in Appendix VIII to enable Buyer to use all of the capacity, including Capacity Attributes, committed by Seller to Buyer pursuant to this Agreement to meet Buyer’s Resource Adequacy Requirements. Except as expressly set forth herein, Seller makes no representations or warranties as to the legal existence, transferability or effectiveness of any Capacity Attributes or as to Buyer’s ability to meet any Resource Adequacy Requirements through the purchase, conveyance, grant, pledge, assignment or commitment of Contract Capacity hereunder.
