Common use of Test Dispatch Notices Clause in Contracts

Test Dispatch Notices. (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- up Lead Time, time to satisfy Ramping Constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.

Test Dispatch Notices. (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.by

Test Dispatch Notices. (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the RMR Contract Capacity Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the RMR Contract Capacity Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable RMR Contract Capacity.

Test Dispatch Notices. (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.by

Test Dispatch Notices. ‌ (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous continuous7 operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.by

Test Dispatch Notices. (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous continuous7 operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.by

Test Dispatch Notices. (a) Availability Tests (i) CAISO ISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISOISO, without cause, may request one Availability Test each Contract Year. CAISO ISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO ISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO ISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO ISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-four- hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.by

Test Dispatch Notices. (a) Availability Tests (i) CAISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISO, without cause, may request one Availability Test each Contract Year. CAISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit RMR Contract Capacity for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO may issue a CAISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.by

Test Dispatch Notices. (a) Availability Tests (i) CAISO ISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISOISO, without cause, may request one Availability Test each Contract Year. CAISO ISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO ISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO ISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO ISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “Availability Test Dispatch Notice.” The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-four- hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO ISO may issue a CAISO an ISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISOISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO ISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.

Test Dispatch Notices. (a) Availability Tests (i) CAISO ISO may from time to time test the Availability of a Unit by requiring the Unit to Deliver Energy pursuant to a Test Dispatch Notice provided to Owner’s Scheduling Coordinator using the procedures described in Section 4.2 and 4.3. CAISOISO, without cause, may request one Availability Test each Contract Year. CAISO ISO may request additional Availability Tests if the Unit fails to comply fully with a Dispatch Notice. CAISO ISO shall not request an Availability Test for a hydroelectric Unit during periods of constrained water availability. Lack of available water shall not be deemed to result in a failed test and reduction of the Unit Availability Limit for a hydroelectric Unit. (ii) Owner may request an Availability Test at any time. CAISO ISO shall issue a Test Dispatch Notice within three days after receipt of Owner’s request, but for good cause, CAISO ISO may reschedule the test to a date acceptable to Owner. Owner’s request shall state the amount of Energy to be produced. The effect of operations pursuant to such a request is set out in Section 5.3. (iii) The Test Dispatch Notice shall be marked “"Availability Test Dispatch Notice.” " The Test Dispatch Notice shall specify a Requested Operation Period of four hours of continuous operations at the requested output plus any applicable Start- Start-up Lead Time, time to satisfy Ramping Constraints and time for Shutdown (or for hydroelectric Units the time sufficient water is available, if that is less). (iv) Subject to the other conditions or restrictions expressed in this Agreement, Owner shall provide service from the Unit and Deliver the Requested MWh in accordance with the Availability Test Dispatch Notice; provided, however, that Owner, in response to such Test Dispatch Notice, may deliver all or part of the Requested MWh in a Market Transaction by complying with the procedures set forth in Section 5.2. (v) An Availability Test shall be treated as having been successfully completed if the average MW Delivered at the Delivery Point during the Availability Test was not less than 99% of the Requested MW for the Requested Operation Period. The average MW Delivered during the Availability Test shall be computed by dividing dividing (i) the total MWh produced during the four-four- hour period immediately following completion of the ramp up, multiplied by the appropriate ambient temperature correction factors for the Unit as set out in Section 3 of Schedule A, by (ii) four hours. (vi) If a Unit fails an Availability Test, CAISO ISO may issue a CAISO an ISO Availability Notice restating the Availability of the Unit to a level not less than the average MW Delivered during the Availability Test. Following the notice, Owner shall not issue an Owner’s Availability Notice increasing the Availability of the Unit above the level determined through such failed Availability Test until until (A) the Unit has successfully completed a subsequent Availability Test, (B) the Unit has delivered in Market Transactions, pursuant to a Dispatch Notice or in a combination of the two, during a continuous four hour operating period, average MW in excess of those determined in the Availability Test or (C) Owner has otherwise demonstrated to CAISOISO’s reasonable satisfaction that the Availability of the Unit has been restored. (vii) If the average MW Delivered during the Availability Test exceed 101% of the Unit Availability Limit in effect prior to the Availability Test, Owner may issue an Owner’s Availability Notice setting Availability retroactive to the time the request was received by CAISO ISO to the lesser of (A) the average MW Delivered during the Availability Test or (B) the Maximum Net Dependable Capacity.