SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by the Transmission Project, and (iii) is a Party to this Agreement. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue Service.
Appears in 3 contracts
Samples: Joint Amended and Restated Transmission Project Interconnection Agreement, Joint Amended and Restated Transmission Project Interconnection Agreement, Joint Amended and Restated Transmission Project Interconnection Agreement
SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. 2475 Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K)) , except for Class Year Interconnection Facility Studies conducted prior to Class Year 2012, for which “Capacity Region” shall be defined as set forth in Section 25.7.3 of Attachment S to the ISO OATT. Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study Commercial Operation shall mean the status of a study conducted by NYISO or Large Generating Facility that has commenced generating electricity for sale, excluding electricity generated during Trial Operation. Commercial Operation Date of a third party consultant for unit shall mean the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect date on which the Large Generating Facility with commences Commercial Operation as agreed to by the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection ProceduresParties pursuant to Appendix E to this Agreement. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by or Distribution System at the Transmission ProjectPoint of Interconnection, and (iii) is a Party to this Agreement. Control Area Connecting Transmission Owner’s Attachment Facilities shall mean an electric power system all facilities and equipment owned, controlled or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified operated by the NPCC. Default shall mean Connecting Transmission Owner from the failure Point of a Party in Breach Change of this Agreement Ownership to cure such Breach in accordance with Article 17 the Point of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) Interconnection as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. Appendix A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practiceStandard Large Generator Interconnection Agreement, methodincluding any modifications, additions or act upgrades to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the regionsuch facilities and equipment. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner’s Attachment Facilities are sole use facilities and shall not include Stand Alone System Upgrade Facilities, System Upgrade Facilities, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue ServiceDeliverability Upgrades.
Appears in 2 contracts
Samples: Large Generator Interconnection Agreement (Lgia), Interconnection Agreement
SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. 2334 Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K)) , except for Class Year Interconnection Facility Studies conducted prior to Class Year 2012, for which “Capacity Region” shall be defined as set forth in Section 25.7.3 of Attachment S to the NYISO OATT. Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO NYISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study Clustering shall mean the process whereby a study conducted by NYISO or a third party consultant group of Interconnection Requests is studied together, instead of serially, for the Developer to determine a list purpose of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in conducting the Interconnection System Reliability Impact Study). Commercial Operation shall mean the status of a Large Generating Facility that has commenced generating electricity for sale, excluding electricity generated during Trial Operation. Commercial Operation Date of a unit shall mean the cost of those facilities, and the time required to interconnect date on which the Large Generating Facility with commences Commercial Operation as agreed to by the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection ProceduresParties pursuant to Appendix E to this Agreement. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by or Distribution System at the Transmission ProjectPoint of Interconnection, and (iii) is a Party to this the Standard Large Interconnection Agreement. Control Area Connecting Transmission Owner’s Attachment Facilities shall mean an electric power system all facilities and equipment owned, controlled or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified operated by the NPCC. Default shall mean Connecting Transmission Owner from the failure Point of a Party in Breach Change of this Agreement Ownership to cure such Breach in accordance with Article 17 the Point of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) Interconnection as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. Appendix A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practiceStandard Large Generator Interconnection Agreement, methodincluding any modifications, additions or act upgrades to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the regionsuch facilities and equipment. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning ’s Attachment Facilities are sole use facilities and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network include Stand Alone System Upgrade Facilities are initially synchronized with the New York State Transmission or System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue ServiceFacilities.
Appears in 2 contracts
SERVICE AGREEMENT NO. 2472 Base Case 2334 Interconnection Facilities Study Agreement shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described form of agreement contained in Section 22.6.1 Appendix 4 of the Transmission Standard Large Facility Interconnection ProceduresProcedures for conducting the Interconnection Facilities Study. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party Interconnection Feasibility Study shall mean a Party that is in Breach preliminary evaluation of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the system impact and cost of interconnecting the Large Generating Facility to the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities or to the Distribution System, the scope of which is described in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets Section 30.6 of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K)Standard Large Facility Interconnection Procedures. Capacity Resource Interconnection Service (“XXXX”) Feasibility Study Agreement shall mean the service provided by NYISO form of agreement contained in Appendix 2 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection Feasibility Study. Interconnection Request shall mean a Developer’s request, in the form of Appendix 1 to Transmission Developers that satisfy the NYISO Deliverability Standard Large Facility Interconnection Standard or that are otherwise eligible to receive XXXX Procedures, in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market ParticipantsTariff, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean interconnect a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the new Large Generating Facility to the New York State Transmission System or to the Distribution System, or to materially increase the capacity of, or make a material modification to the operating characteristics of, an existing Large Generating Facility that is interconnected with the New York State Transmission System or with the Distribution System. The scope Interconnection Study shall mean any of the study is defined following studies: the Interconnection Feasibility Study, the Interconnection System Reliability Impact Study, and the Interconnection Facilities Study described in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information Interconnection System Reliability Impact Study (“SRIS”) shall mean any information an engineering study, conducted in accordance with Section 30.7 of the Large Facility Interconnection Procedures, that is defined as confidential by Article 22 evaluates the impact of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for proposed Large Generating Facility on the transmission of Energy in interstate commerce safety and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion reliability of the New York State Transmission System modified by the Transmission Projectand, and (iii) is a Party to this Agreement. Control Area shall mean if applicable, an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) matchAffected System, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade what Attachment Facilities) as identified in the , Distribution Upgrades and System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with needed for the proposed Large Generation Facility of the Developer to connect reliably to the New York State Transmission System and upon which Trial Operation beginsor to the Distribution System in a manner that meets the NYISO Minimum Interconnection Standard in Attachment X to the NYISO OATT. In-Service Date Interconnection System Reliability Impact Study Agreement shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of agreement contained in Appendix E to this Agreement3 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection System Reliability Impact Study. IRS shall mean the Internal Revenue Service. Large Generating Facility shall mean a Generating Facility having a Generating Facility Capacity of more than 20 MW. Loss shall mean any and all losses relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Indemnified Party’s performance or non-performance of its obligations under this Agreement on behalf of the Indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the Indemnified Party. SERVICE AGREEMENT NO. 2334 Material Modification shall mean those modifications that have a material impact on the cost or timing of any Interconnection Request with a later queue priority date. Metering Equipment shall mean all metering equipment installed or to be installed at the Large Generating Facility pursuant to this Agreement at the metering points, including but not limited to instrument transformers, MWh-meters, data acquisition equipment, transducers, remote terminal unit, communications equipment, phone lines, and fiber optics. NERC shall mean the North American Electric Reliability Council or its successor organization. New York State Transmission System shall mean the entire New York State electric transmission system, which includes (i) the Transmission Facilities under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Deliverability Interconnection Standard - The standard that must be met, unless otherwise provided for by Attachment S to the NYISO OATT, by (i) any generation facility larger than 2MW in order for that facility to obtain XXXX; (ii) any Merchant Transmission Facility proposing to interconnect to the New York State Transmission System and receive Unforced Capacity Delivery Rights; (iii) any entity requesting External XXXX Rights, and (iv) any entity requesting a XXXX transfer pursuant to Section 25.9.5 of Attachment S to the NYISO OATT. To meet the NYISO Deliverability Interconnection Standard, the Interconnection Customer must, in accordance with the rules in Attachment S to the NYISO OATT, fund or commit to fund any System Deliverability Upgrades identified for its project in the Class Year Deliverability Study. NYISO Minimum Interconnection Standard - The reliability standard that must be met by any generation facility or Merchant Transmission Facility that is subject to NYISO’s Large Facility Interconnection Procedures in Attachment X to the NYISO OATT or the NYISO’s Small Generator Interconnection Procedures in Attachment Z, that is proposing to connect to the New York State Transmission System or Distribution System, to obtain ERIS. The Standard is designed to ensure reliable access by the proposed project to the New York State Transmission System or the Distribution System. The Standard does not impose any deliverability test or deliverability requirement on the proposed interconnection. NYSRC shall mean the New York State Reliability Council or its successor organization. Optional Interconnection Study shall mean a sensitivity analysis based on assumptions specified by the Developer in the Optional Interconnection Study Agreement. Optional Interconnection Study Agreement shall mean the form of agreement contained in Appendix 5 of the Standard Large Facility Interconnection Procedures for conducting the Optional Interconnection Study. SERVICE AGREEMENT NO. 2334 Other Interfaces shall mean the following interfaces into Capacity Regions: Lower Xxxxxx Valley [i.e., Rest of State (Load Zones A-F) to Lower Xxxxxx Valley (Load Zones G, H and I)]; New York City [i.e., Lower Xxxxxx Valley (Load Zones G, H and I) to New York City (Load Zone J)]; and Long Island [i.e., Lower Xxxxxx Valley (Load Zones G, H and I) to Long Island (Load Zone K)], and the following Interfaces between the NYCA and adjacent Control Areas: PJM to NYISO, ISO-NE to NYISO, Hydro-Quebec to NYISO, and Norwalk Harbor (Connecticut) to Northport (Long Island) Cable. Party or Parties shall mean NYISO, Connecting Transmission Owner, or Developer or any combination of the above. Point of Change of Ownership shall mean the point, as set forth in Appendix A to this Agreement, where the Developer’s Attachment Facilities connect to the Connecting Transmission Owner’s Attachment Facilities. Point of Interconnection shall mean the point, as set forth in Appendix A to this Agreement, where the Attachment Facilities connect to the New York State Transmission System or to the Distribution System. Queue Position shall mean the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date and time of receipt of the valid Interconnection Request by NYISO. Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests.
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SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. 2682 Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study Commercial Operation shall mean the status of a study conducted by NYISO or Large Generating Facility that has commenced generating electricity for sale, excluding electricity generated during Trial Operation. Commercial Operation Date of a third party consultant for unit shall mean the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect date on which the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by or Distribution System at the Transmission ProjectPoint of Interconnection, and (iii) is a Party to this Agreement. Connecting Transmission Owner’s Attachment Facilities shall mean all facilities and SERVICE AGREEMENT NO. 2682 Contingent Facilities shall mean those Attachment Facilities and System Upgrade Facilities and/or System Deliverability Upgrades associated with Class Year Projects upon which the Large Facility’s Class Year Project Cost Allocations are dependent, and if delayed or not built, could impact the actual costs and timing of the Large Facility’s Project Cost Allocation for System Upgrade Facilities or System Deliverability Upgrades. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date Developer shall mean an Eligible Customer developing a Large Generating Facility, proposing to connect to the date on which this Agreement becomes effective upon execution by New York State Transmission System, in compliance with the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law NYISO Developer’s Attachment Facilities shall mean Applicable Laws all facilities and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) equipment, as identified in Appendix A of this Agreement, that are located between the System Impact Study, the cost of those facilities, Large Generating Facility and the time required Point of Change of Ownership, including any modification, addition, or upgrades to such facilities and equipment necessary to physically and electrically interconnect the Transmission Project with Large Generating Facility to the New York State Transmission System. Developer’s Attachment Facilities Study Agreement are sole use facilities. Distribution System shall mean the agreement described Connecting Transmission Owner’s facilities and equipment used to distribute electricity that are subject to FERC jurisdiction, and are subject to the NYISO’s Large Facility Interconnection Procedures in Section 22.9.1 of Attachment P of X to the NYISO ISO OATT for conducting or Small Generator Interconnection Procedures in Attachment Z to the Facilities StudyISO OATT under FERC Order Nos. Federal Power Act 2003 and/or 2006. The term Distribution System shall not include LIPA’s distribution facilities. Distribution Upgrades shall mean the Federal Power Actadditions, as amendedmodifications, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited upgrades to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, ’s Distribution System at or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in beyond the definition Point of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure Interconnection to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue Service.facilitate
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Samples: Service Agreement, Service Agreement
SERVICE AGREEMENT NO. 2472 Base Case 2334 Interconnection Facilities Study Agreement shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described form of agreement contained in Section 22.6.1 Appendix 4 of the Transmission Standard Large Facility Interconnection ProceduresProcedures for conducting the Interconnection Facilities Study. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party Interconnection Feasibility Study shall mean a Party that is in Breach preliminary evaluation of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the system impact and cost of interconnecting the Large Generating Facility to the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities or to the Distribution System, the scope of which is described in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets Section 30.6 of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K)Standard Large Facility Interconnection Procedures. Capacity Resource Interconnection Service (“XXXX”) Feasibility Study Agreement shall mean the service provided by NYISO form of agreement contained in Appendix 2 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection Feasibility Study. Interconnection Request shall mean a Developer’s request, in the form of Appendix 1 to Transmission Developers that satisfy the NYISO Deliverability Standard Large Facility Interconnection Standard or that are otherwise eligible to receive XXXX Procedures, in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market ParticipantsTariff, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean interconnect a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the new Large Generating Facility to the New York State Transmission System or to the Distribution System, or to materially increase the capacity of, or make a material modification to the operating characteristics of, an existing Large Generating Facility that is interconnected with the New York State Transmission System or with the Distribution System. The scope Interconnection Study shall mean any of the study is defined following studies: the Interconnection Feasibility Study, the Interconnection System Reliability Impact Study, and the Interconnection Facilities Study described in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information Interconnection System Reliability Impact Study (“SRIS”) shall mean any information an engineering study, conducted in accordance with Section 30.7 of the Large Facility Interconnection Procedures, that is defined as confidential by Article 22 evaluates the impact of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for proposed Large Generating Facility on the transmission of Energy in interstate commerce safety and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion reliability of the New York State Transmission System modified by the Transmission Projectand, and (iii) is a Party to this Agreement. Control Area shall mean if applicable, an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) matchAffected System, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade what Attachment Facilities) as identified in the , Distribution Upgrades and System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with needed for the proposed Large Generation Facility of the Developer to connect reliably to the New York State Transmission System and upon which Trial Operation beginsor to the Distribution System in a manner that meets the NYISO Minimum Interconnection Standard in Attachment X to the NYISO OATT. In-Service Date Interconnection System Reliability Impact Study Agreement shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of agreement contained in Appendix E to this Agreement3 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection System Reliability Impact Study. IRS shall mean the Internal Revenue Service.. Large Generating Facility shall mean a Generating Facility having a Generating Facility Capacity of more than 20 MW. Loss shall mean any and all losses relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Indemnified Party’s performance or non-performance of its obligations under this Agreement on behalf of the
Appears in 1 contract
Samples: Service Agreement
SERVICE AGREEMENT NO. 2472 Base Case 2671 NERC shall mean the base case power flowNorth American Electric Reliability Council or its successor organization. New York State Transmission System shall mean the entire New York State electric transmission system, short circuitwhich includes (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Deliverability Interconnection Standard - The standard that must be met, unless otherwise provided for by Attachment S to the ISO OATT, by (i) any generation facility larger than 2MW in order for that facility to obtain XXXX; (ii) any Class Year Transmission Project; (iii) any entity requesting External XXXX Rights, and stability data bases used (iv) any entity requesting a XXXX transfer pursuant to Section 25.9.5 of Attachment S to the ISO OATT. To meet the NYISO Deliverability Interconnection Standard, the Developer must, in accordance with the rules in Attachment S to the ISO OATT, fund or commit to fund any System Deliverability Upgrades identified for its project in the Class Year Deliverability Study. NYISO Minimum Interconnection Standard - The reliability standard that must be met by any generation facility or Class Year Transmission Project that is subject to NYISO’s Large Facility Interconnection Studies Procedures in Attachment X to the ISO OATT or the NYISO’s Small Generator Interconnection Procedures in Attachment Z, that is proposing to connect to the New York State Transmission System or Distribution System, to obtain ERIS. The Minimum Interconnection Standard is designed to ensure reliable access by the proposed project to the New York State Transmission System or to the Distribution System. The Minimum Interconnection Standard does not impose any deliverability test or deliverability requirement on the proposed interconnection. NYSRC shall mean the New York State Reliability Council or its successor organization. Party or Parties shall mean NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 Developer or any combination of the Transmission Interconnection Proceduresabove. Breach Point of Change of Ownership shall mean the failure of a Party point, as set forth in Appendix A to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising where the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Developer’s Attachment S Facilities connect to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by the Transmission Project, and (iii) is a Party to this Agreement. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue Service.
Appears in 1 contract
Samples: Interconnection Agreement
SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. 2356 Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K)) , except for Class Year Interconnection Facility Studies conducted prior to Class Year 2012, for which “Capacity Region” shall be defined as set forth in Section 25.7.3 of Attachment S to the NYISO OATT. Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO NYISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study Clustering shall mean the process whereby a study conducted by NYISO or a third party consultant group of Interconnection Requests is studied together, instead of serially, for the Developer to determine a list purpose of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in conducting the Interconnection System Reliability Impact Study). Commercial Operation shall mean the status of a Large Generating Facility that has commenced generating electricity for sale, excluding electricity generated during Trial Operation. Commercial Operation Date of a unit shall mean the cost of those facilities, and the time required to interconnect date on which the Large Generating Facility with commences Commercial Operation as agreed to by the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection ProceduresParties pursuant to Appendix E to this Agreement. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by or Distribution System at the Transmission ProjectPoint of Interconnection, and (iii) is a Party to this the Standard Large Interconnection Agreement. Control Area Connecting Transmission Owner’s Attachment Facilities shall mean an electric power system all facilities and equipment owned, controlled or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified operated by the NPCC. Default shall mean Connecting Transmission Owner from the failure Point of a Party in Breach Change of this Agreement Ownership to cure such Breach in accordance with Article 17 the Point of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) Interconnection as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. Appendix A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practiceStandard Large Generator Interconnection Agreement, methodincluding any modifications, additions or act upgrades to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the regionsuch facilities and equipment. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning ’s Attachment Facilities are sole use facilities and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network include Stand Alone System Upgrade Facilities are initially synchronized with the New York State Transmission or System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue ServiceFacilities.
Appears in 1 contract
Samples: Lgia
SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission 1662 Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service Reliability Impact Study (“XXXXSRIS”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX an engineering study, conducted in accordance with Attachment S to the ISO OATT; such service being one Section 30.7 of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information , that is defined as confidential by Article 22 evaluates the impact of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for proposed Large Generating Facility on the transmission of Energy in interstate commerce safety and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion reliability of the New York State Transmission System modified by the Transmission Projectand, and (iii) is a Party to this Agreement. Control Area shall mean if applicable, an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) matchAffected System, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) as identified in the what Attachment Facilities and System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with needed for the proposed Large Generation Facility of the Developer to connect reliably to the New York State Transmission System and upon which Trial Operation beginsin a manner that meets the NYISO Minimum Interconnection Standard. In-Service Date Interconnection System Reliability Impact Study Agreement shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of agreement contained in Appendix E to this Agreement3 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection System Reliability Impact Study. IRS shall mean the Internal Revenue Service. Large Generating Facility shall mean a Generating Facility having a Generating Facility Capacity of more than 20 MW. Loss shall mean any and all losses relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Indemnified Party’s performance or non-performance of its obligations under this Agreement on behalf of the Indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the Indemnified Party. Material Modification shall mean those modifications that have a material impact on the cost or timing of any Interconnection Request with a later queue priority date. Metering Equipment shall mean all metering equipment installed or to be installed at the Large Generating Facility pursuant to this Agreement at the metering points, including but not limited to instrument transformers, MWh-meters, data acquisition equipment, transducers, remote terminal unit, communications equipment, phone lines, and fiber optics. Minimum Interconnection Standard shall mean the reliability standard that must be met by any Large Generating Facility proposing to connect to the New York State Transmission System. The Standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. The Standard does not impose any deliverability test or deliverability requirement on the proposed interconnection. NERC shall mean the North American Electric Reliability Council or its successor organization. New York State Transmission System shall mean the entire New York State electric transmission system, which includes (i) the Transmission Facilities under ISO Operational Service Agreement No. 1662 Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area.
Appears in 1 contract
SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. 2356 Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K)) , except for Class Year Interconnection Facility Studies conducted prior to Class Year 2012, for which “Capacity Region” shall be defined as set forth in Section 25.7.3 of Attachment S to the ISO OATT. Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study Commercial Operation shall mean the status of a study conducted by NYISO or Large Generating Facility that has commenced generating electricity for sale, excluding electricity generated during Trial Operation. Commercial Operation Date of a third party consultant for unit shall mean the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect date on which the Large Generating Facility with commences Commercial Operation as agreed to by the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection ProceduresParties pursuant to Appendix E to this Agreement. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by or Distribution System at the Transmission ProjectPoint of Interconnection, and (iii) is a Party to this Agreement. Connecting Transmission Owner’s Attachment Facilities shall mean all facilities and equipment owned, controlled or operated by the Connecting Transmission Owner from the Point of Change of Ownership to the Point of Interconnection as identified in Appendix A to the Standard Large Generator Interconnection Agreement, including any modifications, additions or upgrades to such facilities and equipment. Connecting Transmission Owner’s Attachment SERVICE AGREEMENT NO. 2356 Facilities are sole use facilities and shall not include Stand Alone System Upgrade Facilities, System Upgrade Facilities, or System Deliverability Upgrades. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Developer shall mean an Eligible Customer developing a Large Generating Facility, proposing to connect to the New York State Transmission System, in compliance with the NYISO Minimum Interconnection Standard. Developer’s Attachment Facilities shall mean all facilities and equipment, as identified in Appendix A of this Agreement, that are located between the Large Generating Facility and the Point of Change of Ownership, including any modification, addition, or upgrades to such facilities and equipment necessary to physically and electrically interconnect the Large Generating Facility to the New York State Transmission System. Developer’s Attachment Facilities are sole use facilities. Distribution System shall mean the Connecting Transmission Owner’s facilities and equipment used to distribute electricity that are subject to FERC jurisdiction, and are subject to the NYISO’s Large Facility Interconnection Procedures in Attachment X to the ISO OATT or Small Generator Interconnection Procedures in Attachment Z to the ISO OATT under FERC Order Nos. 2003 and/or 2006. The term Distribution System shall not include LIPA’s distribution facilities. Distribution Upgrades shall mean the additions, modifications, and upgrades to the Connecting Transmission Owner’s Distribution System at or beyond the Point of Interconnection to facilitate interconnection of a Large Facility or Small Generating Facility and render the transmission service necessary to affect the Developer’s wholesale sale of electricity in interstate commerce. Distribution Upgrades do not include Attachment Facilities, System Upgrade Facilities, or System Deliverability Upgrades. Distribution Upgrades are sole use facilities and shall not include Stand Alone System Upgrade Facilities, System Upgrade Facilities, or System Deliverability Upgrades. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue Service.
Appears in 1 contract
Samples: Lgia
SERVICE AGREEMENT NO. 2472 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by the Transmission Project, and (iii) is a Party to this Agreement. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. 2654 Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Development Agreement shall mean the agreement executed between the NYISO, Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Emergency shall mean any abnormal condition or situation which the Connecting Transmission Owner, Transmission Developer, or NYISO, in their sole discretion, deems imminently likely to endanger life or property, or adversely affect or impair the New York State Transmission System, Connecting Transmission Owner’s electrical system, the Transmission Project, or the electrical or transmission systems of others to which they are directly or indirectly connected, which requires immediate automatic or manual action to correct. Such an abnormal system condition or situation includes, without limitation, overloading or potential overloading (exceeding thermal limits of pre- and post-contingency), excessive voltage drop, exceeding voltage limits as defined by the NYISO, Transmission Developer, or Connecting Transmission Owner, load shedding, voltage reduction, operating reserve deficiencies, frequency deviations, over-generation or other non-normal conditions. Economic hardship of a Party will not constitute an “Emergency.” Emergency State shall mean the condition or state that the New York State Power System is in when an abnormal condition occurs that requires automatic or immediate manual action to prevent or limit loss of the New York State Transmission System or Generators that could adversely affect the reliability of the New York State Power System. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO ISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO ISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. SERVICE AGREEMENT NO. 2654 Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date Date(s) shall mean the date date(s) upon which the Transmission Project and Network Upgrade Facilities Facilities, as applicable, are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. , which date(s) shall be set forth in the milestones table in Appendix B. The Connecting Transmission Owner or Transmission In-Service Date Date(s) shall mean the date date(s) upon which the Transmission Project and Network Upgrade Facilities Facilities, as applicable, are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which date(s) shall be provided by set forth in the milestones table in Appendix B. The Connecting Transmission Owner in the form of Appendix E to this Agreementor SERVICE AGREEMENT NO. 2654 IRS shall mean the Internal Revenue Service.. Metering Equipment shall mean all metering equipment installed or to be installed at the Transmission Project pursuant to this Agreement, including but not limited to instrument transformers, MWh-meters, data acquisition equipment, transducers, remote terminal unit, communications equipment, phone lines, and fiber optics. Metering Points shall mean the location(s) identified by the NYISO for any Metering Equipment associated with the Transmission Project that are required for the Transmission Project to provide zonal or subzonal metering data. NERC shall mean the North American Electric Reliability Council or its successor organization. Network Upgrade Facilities shall mean the least costly configuration of commercially available components of electrical equipment that can be used, consistent with Good Utility Practice and Applicable Reliability Requirements, to make the modifications or additions to the New York State Transmission System that are required for the proposed Transmission Project to connect reliably to the system in a manner that meets the NYISO Transmission Interconnection Standard. For purposes of this Agreement, the Network Upgrade Facilities are described in Appendix A of this Agreement. New York State Transmission System shall mean the entire New York State electric transmission system, which includes (i) the Transmission Facilities Under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Transmission Interconnection Standard shall mean the reliability standard that must be met by any Transmission Project proposing to connect to the New York State Transmission System. The standard is designed to ensure reliable access by the proposed project to the New York State Transmission System. NYSRC shall mean the New York State Reliability Council or its successor organization. Operating Agreement shall mean the operating agreement for non-incumbent transmission Party or Parties shall mean NYISO, Connecting Transmission Owner, or Transmission Developer or any combination of the above. SERVICE AGREEMENT NO. 2654 Point(s) of Change of Ownership shall mean the point(s), as set forth in Appendix C to this Agreement, where the Transmission Developer’s Transmission Project connect to the Connecting Transmission Owner’s system. Point(s) of Interconnection shall mean the point(s), as set forth in Appendix C to this Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Security shall mean a bond, irrevocable letter of credit, parent company guarantee or other form of security from an entity with an investment grade rating, executed for the benefit of the Connecting Transmission Owner, meeting the commercially reasonable requirements of the Connecting Transmission Owner with which it is required to be posted pursuant to Article 11.4, and consistent with the Uniform Commercial Code of the jurisdiction identified in Article 14.2.1 of this Agreement. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. System Impact Study shall mean the study conducted pursuant to Section 22.8 of Attachment P of the ISO OATT that evaluates the impact of the proposed Transmission Project on the safety and reliability of the New York State Transmission System and, if applicable, and Affected
Appears in 1 contract
Samples: Service Agreement
SERVICE AGREEMENT NO. 2472 2836 Base Case shall mean the base case power flow, short circuit, and stability data bases used for the Transmission Interconnection Studies by the NYISO, Connecting Transmission Owner, Owner or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures. ; Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study Commercial Operation shall mean the status of a study conducted by NYISO or Large Generating Facility that has commenced generating electricity for sale, excluding electricity generated during Trial Operation. Commercial Operation Date of a third party consultant for unit shall mean the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect date on which the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest 2836 Connecting Transmission Owner’s Attachment Facilities shall mean all facilities and equipment owned, controlled or operated by the Connecting Transmission Owner from the Point of Change of Ownership to the Point of Interconnection as identified in Appendix A to the portion Contingent Facilities shall mean those Attachment Facilities and System Upgrade Facilities and/or System Deliverability Upgrades associated with Class Year Projects upon which the Large Facility’s Class Year Project Cost Allocations are dependent, and if delayed or not built, could impact the actual costs and timing of the New York State Transmission Large Facility’s Project Cost Allocation for System modified by the Transmission Project, and (iii) is a Party to this AgreementUpgrade Facilities or System Deliverability Upgrades. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date Developer shall mean an Eligible Customer developing a Large Generating Facility, proposing to connect to the date on which this Agreement becomes effective upon execution by New York State Transmission System, in compliance with the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law NYISO Developer’s Attachment Facilities shall mean Applicable Laws all facilities and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) equipment, as identified in Appendix A of this Agreement, that are located between the System Impact Study, the cost of those facilities, Large Generating Facility and the time required Point of Change of Ownership, including any modification, addition, or upgrades to such facilities and equipment necessary to physically and electrically interconnect the Transmission Project with Large Generating Facility to the New York State Transmission System. Developer’s Attachment Facilities Study Agreement are sole use facilities. Distribution System shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning ’s facilities and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure equipment used to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities distribute electricity that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total Eastare subject to FERC jurisdiction, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated are subject to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner Large Facility Interconnection Procedures in Attachment X to the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue Service.ISO OATT or Small
Appears in 1 contract
Samples: Service Agreement
SERVICE AGREEMENT NO. 2472 Base Case 1774 In-Service Date shall mean the base case power flow, short circuit, and stability data bases used for date upon which the Transmission Interconnection Studies by Developer reasonably expects it will be ready to begin use of the NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 of the Transmission Interconnection Procedures’s Attachment Facilities to obtain back feed power. Breach shall mean the failure of a Party to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Attachment S to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information Interconnection Facilities Study Agreement shall mean the form of agreement contained in Appendix 4 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection Facilities Study. Interconnection Feasibility Study shall mean a preliminary evaluation of the system impact and cost of interconnecting the Large Generating Facility to the New York State Transmission System or to the Distribution System, the scope of which is described in Section 30.6 of the Standard Large Facility Interconnection Procedures. Interconnection Feasibility Study Agreement shall mean the form of agreement contained in Appendix 2 of the Standard Large Facility Interconnection Procedures for conducting the Interconnection Feasibility Study. Interconnection Request shall mean a Developer’s request, in the form of Appendix 1 to the Standard Large Facility Interconnection Procedures, in accordance with the Tariff, to interconnect a new Large Generating Facility to the New York State Transmission System or to the Distribution System, or to increase the capacity of, or make a material modification to the operating characteristics of, an existing Large Generating Facility that is interconnected with the New York State Transmission System or with the Distribution System. Interconnection Study shall mean any information that is defined as confidential by Article 22 of this Agreementthe following studies: the Interconnection Feasibility Study, the Interconnection System Reliability Impact Study, and the Interconnection Facilities Study described in the Standard Large Facility Interconnection Procedures. Connecting Transmission Owner Interconnection System Reliability Impact Study (“SRIS”) shall mean an engineering study, conducted in accordance with Section 30.7 of the New York public utility or authority (or its designated agent) Large Facility Interconnection Procedures, that (i) owns facilities used for evaluates the transmission impact of Energy in interstate commerce the proposed Large Generating Facility on the safety and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion reliability of the New York State Transmission System modified by and, if applicable, an Affected System, to determine what Attachment Facilities, Distribution Upgrades and System Upgrade Facilities are needed for the Transmission Project, and (iii) is a Party to this Agreement. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output proposed Large Generation Facility of the Generators within Developer to connect reliably to the electric power system(s) and capacity and energy purchased from entities outside New York State Transmission System or to the electric power system(s), with Distribution System in a manner that meets the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility PracticeNYISO Minimum Interconnection Standard. A Control Area must be certified by the NPCC. Default Interconnection System Reliability Impact Study Agreement shall mean the failure form of a Party agreement contained in Breach Appendix 3 of this Agreement to cure such Breach in accordance with Article 17 of this Agreementthe Standard Large Facility Interconnection Procedures for conducting the Interconnection System Reliability Impact Study. Effective Date SERVICE AGREEMENT NO. 1774 IRS shall mean the date on which Internal Revenue Service. Large Generating Facility shall mean a Generating Facility having a Generating Facility Capacity of more than 20 MW. Loss shall mean any and all losses relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Indemnified Party’s performance or non-performance of its obligations under this Agreement becomes effective upon execution on behalf of the Indemnifying Party, except in cases of gross negligence or intentional wrongdoing by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the CommissionIndemnified Party. Environmental Law Material Modification shall mean Applicable Laws those modifications that have a material impact on the cost or timing of any Interconnection Request with a later queue priority date. Metering Equipment shall mean all metering equipment installed or to be installed at the Large Generating Facility pursuant to this Agreement at the metering points, including but not limited to instrument transformers, MWh-meters, data acquisition equipment, transducers, remote terminal unit, communications equipment, phone lines, and Regulations relating to pollution or protection of the environment or natural resourcesfiber optics. Facilities Study Minimum Interconnection Standard shall mean the study conducted pursuant reliability standard that must be met by any Large Generating Facility proposing to Section 22.9 of Attachment P of connect to the NYISO OATT New York State Transmission System or to determine a list of facilities required the Distribution System. The Standard is designed to reliably interconnect ensure reliable access by the Transmission Project (including Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and the time required proposed project to interconnect the Transmission Project with the New York State Transmission System. The Standard does not impose any deliverability test or deliverability requirement on the proposed interconnection. NERC shall mean the North American Electric Reliability Council or its successor organization. New York State Transmission System shall mean the entire New York State electric transmission system, which includes (i) the Transmission Facilities under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYSRC shall mean the New York State Reliability Council or its successor organization. Optional Interconnection Study shall mean a sensitivity analysis based on assumptions specified by the Developer in the Optional Interconnection Study Agreement. Optional Interconnection Study Agreement shall mean the form of agreement described contained in Section 22.9.1 of Attachment P Appendix 5 of the NYISO OATT Standard Large Facility Interconnection Procedures for conducting the Facilities Optional Interconnection Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority 1774 Other Interfaces shall mean any federalinterfaces into New York capacity regions, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provideZone J and Zone K, and exercising external ties into the New York Control Area. Party or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, Parties shall mean NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, Developer or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Lawcombination of the above. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate Point of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate Change of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date Ownership shall mean the date upon which point, as set forth in Appendix A to this Agreement, where the Developer’s Attachment Facilities connect to the Connecting Transmission Project and Network Upgrade Owner’s Attachment Facilities. Point of Interconnection shall mean the point, as set forth in Appendix A to this Agreement, where the Attachment Facilities are initially synchronized with connect to the New York State Transmission System and upon which Trial Operation beginsor to the Distribution System. In-Service Date Queue Position shall mean the order of a valid Interconnection Request, relative to all other pending valid Interconnection Requests, that is established based upon the date upon which and time of receipt of the Transmission Project valid Interconnection Request by NYISO. Reasonable Efforts shall mean, with respect to an action required to be attempted or taken by a Party under this Agreement, efforts that are timely and Network Upgrade Facilities are energized consistent with Good Utility Practice and are otherwise substantially equivalent to those a Party would use to protect its own interests. Scoping Meeting shall mean the provisions meeting between representatives of this Agreement the Developer, NYISO and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner conducted for the purpose of discussing alternative interconnection options, to exchange information including any transmission data and earlier study evaluations that would be reasonably expected to impact such interconnection options, to analyze such information, and to determine the potential feasible Points of Interconnection. Services Tariff shall mean the NYISO Market Administration and Control Area Tariff, as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff thereto. Site Control shall mean documentation reasonably demonstrating: (1) ownership of, a leasehold interest in, or a right to develop a site for the purpose of constructing the Large Generating Facility; (2) an option to purchase or acquire a leasehold site for such purpose; or (3) an exclusivity or other business relationship between Developer and the entity having the right to sell, lease or grant Developer the right to possess or occupy a site for such purpose. Stand Alone System Upgrade Facilities shall mean System Upgrade Facilities that a Developer may construct without affecting day-to-day operations of the New York State Transmission System during their construction. NYISO, the Connecting Transmission Owner and the Developer must agree as to what constitutes Stand Alone System Upgrade Facilities and identify them in Appendix A to this Agreement. Standard Large Facility Interconnection Procedures (“LFIP”) shall mean the interconnection procedures applicable to an Interconnection Request pertaining to a Large Generating Facility that are included in Attachment X of the NYISO OATT. SERVICE AGREEMENT NO. 1774 Standard Large Generator Interconnection Agreement (“LGIA”) shall mean this Agreement, the form of interconnection agreement applicable to an Interconnection Request pertaining to a Large Generating Facility, that is included in Attachment X of the NYISO OATT. System Deliverability Upgrades shall mean the least costly configuration of commercially available components of electrical equipment that can be used, consistent with Good Utility Practice and Applicable Reliability Requirements, to make the modifications or additions to Byways and Highways and Other Interfaces on the existing New York State Transmission System and Distribution System that are required for the proposed project to connect reliably to the system in a manner that meets the NYISO Deliverability Interconnection Standard at the requested level of Capacity Resource Interconnection Service. System Protection Facilities shall mean the equipment, including necessary protection signal communications equipment, required to (1) protect the New York State Transmission System from faults or other electrical disturbances occurring at the Large Generating Facility and (2) protect the Large Generating Facility from faults or other electrical system disturbances occurring on the New York State Transmission System or on other delivery systems or other generating systems to which the New York State Transmission System is directly connected. System Upgrade Facilities shall mean the least costly configuration of commercially available components of electrical equipment that can be used, consistent with Good Utility Practice and Applicable Reliability Requirements, to make the modifications to the existing transmission system that are required to maintain system reliability due to: (i) changes in the system, including such changes as load growth and changes in load pattern, to be addressed in the form of Appendix E generic generation or transmission projects; and (ii) proposed interconnections. In the case of proposed interconnection projects, System Upgrade Facilities are the modifications or additions to this Agreementthe existing New York State Transmission System that are required for the proposed project to connect reliably to the system in a manner that meets the NYISO Minimum Interconnection Standard. IRS Tariff shall mean the Internal Revenue ServiceNYISO Open Access Transmission Tariff (“OATT”), as filed with the Commission, and as amended or supplemented from time to time, or any successor tariff. Trial Operation shall mean the period during which Developer is engaged in on-site test operations and commissioning of the Large Generating Facility prior to Commercial Operation.
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Samples: Lgia
SERVICE AGREEMENT NO. 2472 Base Case 2334 Material Modification shall mean those modifications that have a material impact on the cost or timing of any Interconnection Request with a later queue priority date. Metering Equipment shall mean all metering equipment installed or to be installed at the Large Generating Facility pursuant to this Agreement at the metering points, including but not limited to instrument transformers, MWh-meters, data acquisition equipment, transducers, remote NERC shall mean the base case power flowNorth American Electric Reliability Council or its successor organization. New York State Transmission System shall mean the entire New York State electric transmission system, short circuitwhich includes (i) the Transmission Facilities under ISO Operational Control; (ii) the Transmission Facilities Requiring ISO Notification; and (iii) all remaining transmission facilities within the New York Control Area. Notice of Dispute shall mean a written notice of a dispute or claim that arises out of or in connection with this Agreement or its performance. NPCC shall mean the Northeast Power Coordinating Council or its successor organization. NYISO Deliverability Interconnection Standard - The standard that must be met, unless otherwise provided for by Attachment S to the NYISO OATT, by (i) any generation facility larger than 2MW in order for that facility to obtain XXXX; (ii) any Merchant Transmission Facility proposing to interconnect to the New York State Transmission System and receive Unforced Capacity Delivery Rights; (iii) any entity requesting External XXXX Rights, and stability data bases used (iv) any entity requesting a XXXX transfer pursuant to Section 25.9.5 of Attachment S to the NYISO OATT. To meet the NYISO Deliverability Interconnection Standard, the Interconnection Customer must, in accordance with the rules in Attachment S to the NYISO OATT, fund or commit to fund any System Deliverability Upgrades identified for its project in the Class Year Deliverability Study. NYISO Minimum Interconnection Standard - The reliability standard that must be met by any generation facility or Merchant Transmission Facility that is subject to NYISO’s Large NYSRC shall mean the New York State Reliability Council or its successor organization. Optional Interconnection Studies Study shall mean a sensitivity analysis based on assumptions specified by the Developer in the Optional Interconnection Study Agreement. Optional Interconnection Study Agreement shall mean the form of agreement contained in Appendix 5 of the Standard Large Facility Interconnection Procedures for conducting the Optional Interconnection Study. SERVICE AGREEMENT NO. 2334 Party or Parties shall mean NYISO, Connecting Transmission Owner, or the Transmission Developer, as described in Section 22.6.1 Developer or any combination of the Transmission Interconnection Proceduresabove. Breach Point of Change of Ownership shall mean the failure of a Party point, as set forth in Appendix A to perform or observe any material term or condition of this Agreement. Breaching Party shall mean a Party that is in Breach of this Agreement. Business Day shall mean Monday through Friday, excluding federal holidays. Byway shall mean all transmission facilities comprising where the New York State Transmission System that are neither Highways nor Other Interfaces. All transmission facilities in Zone J and Zone K are Byways. Calendar Day shall mean any day including Saturday, Sunday or a federal holiday. Capacity Region shall mean one of four subsets of the Installed Capacity statewide markets comprised of (1) Rest of State (i.e., Load Zones A through F); (2) Lower Xxxxxx Valley (i.e., Load Zones G, H and I); (3) New York City (i.e., Load Zone J); and (4) Long Island (i.e., Load Zone K). Capacity Resource Interconnection Service (“XXXX”) shall mean the service provided by NYISO to Transmission Developers that satisfy the NYISO Deliverability Interconnection Standard or that are otherwise eligible to receive XXXX in accordance with Developer’s Attachment S Facilities connect to the ISO OATT; such service being one of the eligibility requirements for participation as a NYISO Installed Capacity Supplier. Class Year Deliverability Study shall mean an assessment, conducted by the NYISO staff in cooperation with Market Participants, to determine whether System Deliverability Upgrades are required for Class Year XXXX Projects under the NYISO Deliverability Interconnection Standard. Class Year Interconnection Facilities Study shall mean a study conducted by NYISO or a third party consultant for the Developer to determine a list of facilities (including Connecting Transmission Owner’s Attachment Facilities, Distribution Upgrades, System Upgrade Facilities and System Deliverability Upgrades as identified in the Interconnection System Reliability Impact Study), the cost of those facilities, and the time required to interconnect the Large Generating Facility with the New York State Transmission System or with the Distribution System. The scope of the study is defined in Section 30.8 of the Standard Large Facility Interconnection Procedures. Confidential Information shall mean any information that is defined as confidential by Article 22 of this Agreement. Connecting Transmission Owner shall mean the New York public utility or authority (or its designated agent) that (i) owns facilities used for the transmission of Energy in interstate commerce and provides Transmission Service under the Tariff, (ii) owns, leases or otherwise SERVICE AGREEMENT NO. 2472 possesses an interest in the portion of the New York State Transmission System modified by the Transmission Project, and (iii) is a Party to this Agreement. Control Area shall mean an electric power system or combination of electric power systems to which a common automatic generation control scheme is applied in order to: (1) match, at all times, the power output of the Generators within the electric power system(s) and capacity and energy purchased from entities outside the electric power system(s), with the Load within the electric power system(s); (2) maintain scheduled interchange with other Control Areas, within the limits of Good Utility Practice; (3) maintain the frequency of the electric power system(s) within reasonable limits in accordance with Good Utility Practice; and (4) provide sufficient generating capacity to maintain Operating Reserves in accordance with Good Utility Practice. A Control Area must be certified by the NPCC. Default shall mean the failure of a Party in Breach of this Agreement to cure such Breach in accordance with Article 17 of this Agreement. Effective Date shall mean the date on which this Agreement becomes effective upon execution by the Parties, subject to acceptance by the Commission, or if filed unexecuted, upon the date specified by the Commission. Environmental Law shall mean Applicable Laws and Regulations relating to pollution or protection of the environment or natural resources. Facilities Study shall mean the study conducted pursuant to Section 22.9 of Attachment P of the NYISO OATT to determine a list of facilities required to reliably interconnect the Transmission Project (including Network Upgrade Facilities) as identified in the System Impact Study, the cost of those facilities, and the time required to interconnect the Transmission Project with the New York State Transmission System. Facilities Study Agreement shall mean the agreement described in Section 22.9.1 of Attachment P of the NYISO OATT for conducting the Facilities Study. Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 791a et seq. (“FPA”). FERC shall mean the Federal Energy Regulatory Commission (“Commission”) or its successor. Force Majeure shall mean any act of God, labor disturbance, act of the public enemy, war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery or equipment, any order, regulation or restriction imposed by governmental, military or lawfully established civilian authorities, or any other cause beyond a Party’s control. A Force Majeure event does not include acts of negligence or intentional wrongdoing by the Party claiming Force Majeure. Good Utility Practice shall mean any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired SERVICE AGREEMENT NO. 2472 result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to delineate acceptable practices, methods, or acts generally accepted in the region. Governmental Authority shall mean any federal, state, local or other governmental regulatory or administrative agency, court, commission, department, board, or other governmental subdivision, legislature, rulemaking board, tribunal, or other governmental authority having jurisdiction over any of the Parties, their respective facilities, or the respective services they provide, and exercising or entitled to exercise any administrative, executive, police, or taxing authority or power; provided, however, that such term does not include Transmission Developer, NYISO, Affected Transmission Owner, Connecting Transmission Owner, or any Affiliate thereof. Hazardous Substances shall mean any chemicals, materials or substances defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “hazardous constituents,” “restricted hazardous materials,” “extremely hazardous substances,” “toxic substances,” “radioactive substances,” “contaminants,” “pollutants,” “toxic pollutants” or words of similar meaning and regulatory effect under any applicable Environmental Law, or any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any applicable Environmental Law. Highway shall mean 115 kV and higher transmission facilities that comprise the following NYCA interfaces: Xxxxxxxx East, West Central, Xxxxxx East, Xxxxx South, Central East/Total East, and UPNY-ConEd, and their immediately connected, in series, bulk power system facilities in New York State. Each interface shall be evaluated to determine additional “in series” facilities, defined as any transmission facility higher than 115 kV that (a) is located in an upstream or downstream zone adjacent to the interface and (b) has a power transfer distribution factor (DFAX) equal to or greater than five percent when the aggregate of generation in zones or systems adjacent to the upstream zone or zones that define the interface is shifted to the aggregate of generation in zones or systems adjacent to the downstream zone or zones that define the interface. In determining “in series” facilities for Xxxxxxxx East and West Central interfaces, the 115 kV and 230 kV tie lines between NYCA and PJM located in LBMP Zones A and B shall not participate in the transfer. Highway transmission facilities are listed in ISO Procedures. Initial Synchronization Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are initially synchronized with the New York State Transmission System and upon which Trial Operation begins. In-Service Date shall mean the date upon which the Transmission Project and Network Upgrade Facilities are energized consistent with the provisions of this Agreement and available to provide Transmission Service under the NYISO’s Tariffs, notice of which shall be provided by Connecting Transmission Owner in the form of Appendix E to this Agreement. IRS shall mean the Internal Revenue Service.
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Samples: Service Agreement
