Common use of Third Party Users Clause in Contracts

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use Transmission Provider's Interconnection Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, however, that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Transmission Provider’s Interconnection Facilities, will be allocated between Interconnection Customer and all third party users based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected to and use the same Transmission Provider’s Interconnection Facilities (including, but not limited, to Transmission Provider to the extent that it is an Interconnection Customer whose Generating Facility is interconnected to and uses the same Transmission Provider’s Interconnection Facilities). Subject to the confidentiality provisions of Article 22 of this GIA and Section 13.1 of Transmission Provider’s GIP, Transmission Provider shall provide notice to Interconnection Customer if Transmission Provider intends to allow one or more third-parties to use the same Transmission Provider’s Interconnection Facilities which are used to serve Interconnection Customer. Within twenty (20) Calendar Days of the provision of such notice, Transmission Provider also shall use Reasonable Efforts to schedule a meeting with the Interconnection Customer and any such third-party user or users for the purpose of discussing the issue of compensation and allocation. If the issue of such compensation or allocation cannot be resolved through such negotiations, it shall be submitted to Dispute Resolution pursuant to Article 27.

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use the Connecting Transmission Provider's Interconnection Owner’s Attachment Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Attachment Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Attachment Facilities by Connecting Transmission Owner, all third party users users, and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, however, that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Transmission Provider’s Interconnection Attachment Facilities, will be allocated between Interconnection Customer and all any third party users based upon the pro rata use of the Transmission Provider’s Interconnection Attachment Facilities by Connecting Transmission Owner, all third party users users, and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected to and use the same Transmission Provider’s Interconnection Facilities (including, but not limited, to Transmission Provider to the extent that it is an Interconnection Customer whose Generating Facility is interconnected to and uses the same Transmission Provider’s Interconnection Facilities). Subject to the confidentiality provisions of Article 22 of this GIA and Section 13.1 of Transmission Provider’s GIP, Transmission Provider shall provide notice to Interconnection Customer if Transmission Provider intends to allow one or more third-parties to use the same Transmission Provider’s Interconnection Facilities which are used to serve Interconnection Customer. Within twenty (20) Calendar Days of the provision of such notice, Transmission Provider also shall use Reasonable Efforts to schedule a meeting with the Interconnection Customer and any such third-party user or users for the purpose of discussing the issue of compensation and allocation. If the issue of such compensation or allocation cannot be resolved through such negotiations, it shall be submitted to Dispute Resolution pursuant FERC for resolution. Disturbance Analysis Data Exchange. The Parties will cooperate with one another and the NYISO in the analysis of disturbances to Article 27either the Large Generating Facility or the New York State Transmission System by gathering and providing access to any information relating to any disturbance, including information from disturbance recording equipment, protective relay targets, breaker operations and sequence of events records, and any disturbance information required by Good Utility Practice. Phasor Measurement Units A Interconnection Customer shall cause KIAC to install and maintain, at its expense, phasor measurement units (“PMUs”) if it meets the following criteria: (1) completed a Class Year after Class Year 2017; and (2) proposes a new Large Facility that either (a) has a maximum net output equal to or greater than 100 MW or (b) requires, as Attachment Facilities or System Upgrade Facilities, a new substation of 230kV or above. PMUs shall be installed on the Large Facility on the low side of the generator step-up transformer, unless it is a non-synchronous generation facility, in which case the PMUs shall be installed on the Interconnection Customer side of the Point of Interconnection. The PMUs must be capable of performing phasor measurements at a minimum of 60 samples per second which are synchronized via a high-accuracy satellite clock. To the extent Interconnection Customer installs similar quality equipment, such as relays or digital fault recorders, that can collect data at least at the same rate as PMUs and which data is synchronized via a high-accuracy satellite clock, such equipment would satisfy this requirement. Interconnection Customer shall cause KIAC to install and maintain, at its expense, PMU equipment which includes the communication circuit capable of carrying the PMU data to a local data concentrator, and then transporting the information continuously to the Connecting Transmission Owner and the NYISO; as well as store the PMU data locally for thirty days. Interconnection Customer shall cause KIAC to provide to Connecting Transmission Owner and the NYISO all necessary and requested information through the Connecting Transmission Owner’s and the NYISO’s synchrophasor system, including the following: (a) xxxxx XX and MVAR measured at the Interconnection Customer side of the generator step-up transformer (or, for a non-synchronous generation facility, to be measured at the Interconnection Customer side of the Point of Interconnection); (b) generator terminal voltage and current magnitudes and angles; (c) generator terminal frequency and frequency rate of change; and (d) generator field voltage and current, where available; and (e) breaker status, if available. The Connecting Transmission Owner will provide for the ongoing support and maintenance of the network communications linking the data concentrator to the Connecting Transmission Owner and the NYISO, consistent with ISO Procedures detailing the obligations related to SCADA data. MAINTENANCE Connecting Transmission Owner Obligations. Connecting Transmission Owner shall maintain its transmission facilities and Attachment Facilities in a safe and reliable manner and in accordance with this Agreement.

Third Party Users. If required by Applicable Laws and Regulations or if the Parties mutually agree, such agreement not to be unreasonably withheld, to allow one or more third parties to use Transmission Provider's Interconnection Facilities, or any part thereof, Interconnection Customer will be entitled to compensation for the capital expenses it incurred in connection with the Transmission Provider’s Interconnection Facilities based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually-agreed upon methodology; provided, ,however, ,that in no event shall Transmission Provider be obligated to compensate Interconnection Customer for such capital expenses when Transmission Provider’s Interconnection Facilities are used by another Interconnection Customer, other than Transmission Provider itself, unless and until that other Interconnection Customer first provides such compensation to Transmission Provider. In addition, cost responsibility for ongoing costs, including operation and maintenance costs associated with the Transmission Provider’s Interconnection Facilities, will be allocated between Interconnection Customer and all third party users based upon the pro rata use of the Transmission Provider’s Interconnection Facilities by all third party users and Interconnection Customer, in accordance with Applicable Laws and Regulations or upon some other mutually agreed upon methodology. For purposes of this Article 9.9.2, the phrase “third party users” shall mean other Interconnection Customers whose Generating Facilities are interconnected to and use the same Transmission Provider’s Interconnection Facilities (including, but not limited, to Transmission Provider to the extent that it is an Interconnection Customer whose Generating Facility is interconnected to and uses the same Transmission Provider’s Interconnection Facilities). Subject to the confidentiality provisions of Article 22 of this Transitional Cluster GIA and Section 13.1 of Transmission Provider’s GIP, Transmission Provider shall provide notice to Interconnection Customer if Transmission Provider intends to allow one or more third-parties to use the same Transmission Provider’s Interconnection Facilities which are used to serve Interconnection Customer. Within twenty (20) Calendar Days of the provision of such notice, Transmission Provider also shall use Reasonable Efforts to schedule a meeting with the Interconnection Customer and any such third-party user or users for the purpose of discussing the issue of compensation and allocation. If the issue of such compensation or allocation cannot be resolved through such negotiations, it shall be submitted to Dispute Resolution pursuant to Article 27.Section