Common use of Resource Adequacy Clause in Contracts

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. 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 under any Resource Adequacy obligationsRuling. Seller shall take all action, including complying with all current and future CAISO Tariff provisions and decisions of the CPUC or any other Governmental Authority that address Resource Adequacy Rulings, and execute all documents that are reasonable and necessary to effect the use of the generating capacity of the Generating Facility for Buyer’s sole benefit throughout the Term. Seller shall comply with CPUC and CAISO requirements to count towards provide Resource AdequacyAdequacy Benefits; provided provided, however, : (i) If 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. ; and (ii) If 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- 09-011), the Resource Adequacy proceedings resource adequacy (R.09-10-10- 032), ) proceedings and any future CAISO stakeholder process addressing deliverability, a deliverability study may be required for all AB 1613 resources. The the CPUC has reserved the right to require appropriate amendments to this Agreement Agreement, as necessary to address full capacity deliverability issuesstatus and whether a deliverability study may or may not be required for all AB1613 resources. The Parties agree to comply make amendments to this Agreement in accordance with any such amendments required by the CPUC requirementpursuant to the foregoing.

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 obligationsobligations under any Resource Adequacy Ruling. Seller shall comply with CPUC and CAISO requirements to count towards provide Resource AdequacyAdequacy Benefits; 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- 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.