Common use of Transmission and Scheduling Clause in Contracts

Transmission and Scheduling. The Seller shall arrange and be responsible for transmission service to the Delivery Point, and shall obtain Schedule Coordination Services necessary to deliver the Energy to the Delivery Point. Seller shall be responsible for all CAISO costs and charges, including imbalance charges due to deviations from power schedules. The Department shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule with its transmission providers to receive the Energy at the Delivery Point. All deliveries shall be scheduled in accordance with CAISO requirements to fulfill contractual metering and interconnecting requirements set forth in the CAISO tariff and the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator Agreement, so as to be able to deliver Energy to the Delivery Point, which is on the CAISO-controlled transmission grid. The Seller shall be responsible for ensuring that Energy deliveries are scheduled consistent with the most recent rules adopted by the applicable NERC regional reliability council, or its successor. Risks of transmission curtailment or interruptions shall be the responsibility of the Seller up to the Delivery Point. No later than four (4) hours before Seller’s Scheduling Coordinator is required to submit its preferred day-ahead energy schedule to CAISO, Seller shall deliver to the Department its preferred day-ahead schedule and, thereafter, Seller shall immediately deliver to the Department notice of any changes to such preferred day-ahead schedule and the reason(s) therefor. Notwithstanding anything to the contrary herein, in the event Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) which results in an increase to its output (whether in part or in whole), the Department shall have the right, but not the obligation, to take delivery of such energy and to pay for such increase in output at the purchase price per MWh set forth above, which right must be exercised no later than one (1) hour prior to the deadline for the Department, in its capacity as a Scheduling Coordinator, to submit hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department shall have neither the right nor the obligation to take delivery of such energy.

Transmission and Scheduling. The (a) Seller shall arrange and be responsible for transmission service to the Energy Delivery Point, if any, and shall obtain Schedule Coordination Services Scheduling Coordinator services necessary to deliver the Energy Product to the Energy Delivery Point. Except as provided for in Section 3.2(e) below, Seller shall be responsible for all CAISO costs and charges, including imbalance charges due to the CAISO, and entitled to receive all payments from the CAISO, related to deviations of Unadjusted Metered Energy from power schedulesthe Final Physical Energy Schedule for the Unit (inclusive of charges for imbalance Energy and replacement reserves). The Department Buyer shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule with its transmission providers to receive the Energy at the Delivery Point. All deliveries Buyer shall arrange for and be scheduled in accordance with CAISO requirements solely responsible for any Ancillary Services necessary to fulfill contractual metering support its purchase, transmission and interconnecting requirements set forth in use of the CAISO tariff Product. (b) Buyer shall have the right to dispatch the Unit only during hour ending 0700 through hour ending 2300 on all weekdays and Saturday. (c) During the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator term of this Agreement, so as to be able to deliver Energy to the Delivery PointBuyer shall provide Seller, which is on the CAISO-controlled transmission grid. The Seller shall be responsible for ensuring that Energy deliveries are scheduled consistent with the most recent rules adopted by the applicable NERC regional reliability councilno later than April 1 each year, or its successor. Risks of transmission curtailment or interruptions shall be the responsibility forecast of the Seller up to amount and timing of the Delivery PointProduct it will require each day of the twelve (12) month period commencing July 1 (“Annual Dispatch Plan”). No later than four ten (410) business days after the Effective Date and thereafter no later than the first day of each month, Buyer shall deliver to Seller its forecast of the amount of Product it will require for each hour of each day of the following month (“Monthly Dispatch Plan”). No later than noon on the Friday before each week, commencing on the Friday prior to the scheduled COD, Buyer shall deliver to Seller an update of its forecast of the amount of MWh it will require for each hour of each day of the following week (“Weekly Dispatch Plan”). The Annual Dispatch Plan, Monthly Dispatch Plan and Weekly Dispatch Plan shall be non-binding except as the Annual Dispatch Plan is applied with respect to the Approved Fuel Plan. (d) (1) Buyer may (i) Schedule with Seller the Unit into the CAISO Day Ahead market, pursuant to the protocols hereunder for establishing a Physical Energy Schedule, (ii) Schedule with Seller a reservation of the Unit at zero (0) MWh (a “Reservation”) for any or all hours before Sellerto which it is entitled in order to enable Buyer to make use of its rights hereunder to make same day schedule changes or real-time dispatch instructions (which rights shall terminate on the IOU Administrative Transfer Date), and (iii), in the case of emergencies (as declared by CAISO or, prior to the IOU Administrative Transfer Date, as verifiable extraordinary circumstances wherein any of Buyer’s Scheduling Coordinator is required to submit its preferred other dedicated or Unit Firm Energy resources become unavailable) Schedule with Seller the Unit into the CAISO Hour Ahead market without any prior day-ahead energy schedule to CAISOPhysical Energy Schedule or Reservation. In all cases, Seller shall deliver to for the Department its preferred day-ahead schedule and, thereafter, Seller shall immediately deliver to the Department notice of any changes to such preferred day-ahead schedule and the reason(s) therefor. Notwithstanding anything to the contrary herein, in the event Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) which results in an increase to its output (whether in part or in whole), the Department shall have the right, but not the obligation, to take delivery of such energy and to pay for such increase in output at the purchase price per MWh set forth above, which right must be exercised no later than one (1) hour period prior to the deadline for the DepartmentIOU Administrative Transfer Date, in its capacity as a Scheduling Coordinator, Buyer may request same day schedule changes to submit hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department shall have neither the right nor the obligation to take delivery of such energyany Physical Energy Schedule or Reservation.

Transmission and Scheduling. (a) The Seller shall arrange and be responsible for transmission service to the Delivery PointPoint and shall, and shall at the Seller’s expense, obtain Schedule Coordination Services services of the Scheduling Coordinator necessary to deliver the Unit Contingent Energy to the Delivery Point. The Seller shall be responsible for all CAISO costs and charges, including imbalance energy charges due to deviations from power schedulesscheduled deliveries. The Department shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule with its transmission providers to receive the Unit Contingent Energy at the Delivery Point. All deliveries shall be scheduled in accordance with the Operating Limits and CAISO or in the case of the Nevada Facility, the SPPC Control Center, requirements to fulfill contractual metering and interconnecting requirements set forth in the CAISO tariff and the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator Agreement, so as to be able enable the Seller to deliver Unit Contingent Energy to the Delivery Point, Point which is on the CAISO-controlled transmission gridCAISO Controlled Grid. The Seller shall be responsible for ensuring that Unit Contingent Energy deliveries are scheduled as firm power consistent with the most recent rules adopted by the applicable NERC regional reliability councilcouncil and CAISO, or its successortheir respective successors. Risks of transmission curtailment or interruptions interruptions, unless due to the operation of an Uncontrollable Force, shall be the responsibility of the Seller up to and at the Delivery Point. (b) No later than 30 days prior to the Initial Delivery Date, the Seller shall deliver to the Buyer its forecast of the amount of MWh of Unit Contingent Energy it expects to deliver each day of the period commencing on the Initial Delivery Date and ending on the next succeeding April 30. No later than April 1 of each year during the term of this Agreement, the Seller shall deliver to the Buyer its forecast of the amount of MWh of Unit Contingent Energy it expects to deliver each day of the twelve (12) month period commencing on the next succeeding May 1 (adjusted for any remaining term of this Agreement of less than twelve (12) months). No later than the fifteenth day of each calendar month, the Seller shall deliver to the Buyer its forecast of the amount of MWh of Unit Contingent Energy it expects to deliver each hour of each day of the succeeding calendar month. No later than noon on the Tuesday before each week commencing on the Sunday, immediately succeeding such Tuesday, at 12:00 A.M. midnight, Pacific time, and ending on the following Saturday at 11:59 P.M., Pacific time, the Seller shall deliver to the Buyer its update of the amount of MWh of Unit Contingent Energy it expects to deliver to the Buyer for each hour of each day of such week. No later than four (4) hours before the Seller’s Scheduling Coordinator is required to submit its preferred day-ahead energy schedule to CAISO, the Seller shall deliver to the Department Buyer its preferred day-ahead schedule and, thereafter, the Seller shall immediately deliver to the Department Buyer notice of any changes to such preferred day-ahead schedule and the reason(s) therefor. for it. (c) Notwithstanding anything to the contrary herein, in the event the Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) CAISO which results in an increase to its output (whether in part or in whole)output, the Department Buyer shall have the right, but not the obligation, to take delivery of such energy Unit Contingent Energy and to pay for such increase in output at the purchase price Purchase Price per MWh set forth abovein Appendix A to this Agreement, which right must be exercised no later than one (1) hour prior to the deadline for the DepartmentBuyer, in its capacity as a Scheduling Coordinator, to submit hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department Buyer shall have neither the right nor the obligation to take delivery of such energy.

Transmission and Scheduling. (a) The Seller shall arrange and be responsible for transmission service to the Delivery Point, and shall obtain Schedule Coordination Services services of the Scheduling Coordinator necessary to deliver the Non-Firm Energy to the Department at the Delivery PointPoint in accordance with CAISO requirements. Seller shall be responsible for all CAISO costs and charges, including imbalance charges due to deviations from power schedulesScheduled deliveries. The Department shall arrange and be responsible for transmission service services at and from the Delivery Point and shall schedule with its transmission providers to receive the Non- Firm Energy at the Delivery Point. All deliveries shall be scheduled in accordance with CAISO requirements to fulfill contractual metering and interconnecting requirements set forth in the CAISO tariff and the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator Agreement, so as to be able to deliver Energy to the Delivery Point, which is on the CAISO-controlled transmission grid. The Seller shall be responsible for ensuring that Non-Firm Energy deliveries are scheduled Scheduled consistent with the most recent rules adopted by the applicable NERC regional reliability council, or its successor. Risks of transmission curtailment or interruptions up to the Delivery Point shall be the responsibility of the Seller up to Seller. Risks of transmission curtailment or interruptions from the Delivery Point. No later than four Point shall be the responsibility of the Department. (4b) hours before Seller’s Scheduling Coordinator is required to submit The Seller shall deliver its preferred day-ahead energy schedule to the Department, by facsimile or other agreed method, by no later than 6:30A.M. (Pacific Time) of the same day that the Seller's Scheduling Coordinator is required to submit the schedule to CAISO. Thereafter, Seller shall deliver to the Department its preferred day-ahead schedule and, thereafter, Seller shall immediately deliver to the Department notice of any changes to such preferred day-ahead schedule and together with an explanation of the reason(s) therefor. for it. (c) Notwithstanding anything to the contrary herein, in the event the Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) which change results in an increase to its output (whether in part or in whole)output, the Department shall have the right, but not the obligation, to take delivery of such energy Non-Firm Energy and to pay for such increase in output at the purchase price per MWh set forth abovePurchase Price, which right must be exercised no later than one (1) hour prior to the deadline for the Department, in its capacity as a Seller's Scheduling Coordinator, Coordinator is required to submit hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department shall have neither the right nor the obligation to take delivery of such energy.

Transmission and Scheduling. (a) The Seller shall arrange and be responsible for transmission service to the Delivery Point, and shall obtain Schedule Coordination Services obtain, at Seller’s expense, services of the Scheduling Coordinator necessary to deliver the Non-Firm Energy to the Delivery PointPoint in accordance with CAISO requirements. Seller shall be responsible for all CAISO costs and charges, including imbalance charges due to deviations from power schedulesscheduled deliveries. The Department shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule with its transmission providers to receive the Non-Firm Energy at the Delivery Point. All deliveries shall be scheduled in accordance with CAISO requirements to fulfill contractual metering and interconnecting requirements set forth in the CAISO tariff and the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator Agreement, so as to be able to deliver Non-Firm Energy to the Delivery Point, which is on the CAISO-controlled transmission grid. The Seller shall be responsible for ensuring that Non-Firm Energy deliveries are scheduled consistent with the most recent rules adopted by the applicable NERC regional reliability council, or its successor. Risks of transmission curtailment or interruptions shall be the responsibility of the Seller up to the Delivery Point. Risks of transmission curtailment or interruptions from the Delivery Point shall be the responsibility of the Department. (b) No later than four (4) hours before Seller’s Scheduling Coordinator is required to submit its preferred day-ahead energy schedule to CAISO, Seller shall deliver to the Department its preferred day-ahead schedule and, thereafter, Seller shall immediately deliver to the Department notice of any changes to such preferred day-ahead schedule and the reason(s) therefor. for it. (c) Notwithstanding anything to the contrary herein, in the event Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) which change results in an increase to its output (whether in part or in whole)output, the Department shall have the right, but not the obligation, to take delivery of such energy Non-Firm Energy and to pay for such increase in output at the purchase price per MWh set forth abovePurchase Price, which right must be exercised no later than one (1) hour prior to the deadline for imposed upon the Department, in its capacity as a Seller's Scheduling Coordinator, to submit for submitting hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department shall have neither the right nor the obligation to take delivery of such energyNon-Firm Energy.

Transmission and Scheduling. The Seller shall arrange and be responsible for transmission service to the Delivery Point, and shall obtain Schedule Coordination Services necessary to deliver the Energy Contract Capacity and the Net Electrical Output to the Delivery Point. Seller shall be responsible for all CAISO costs and charges, including imbalance charges due to deviations from power schedules. The Department shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule with its the CAISO or other transmission providers as necessary to receive the Energy Contract Capacity and the Net Electrical Output at the Delivery Point. All deliveries The Department shall be scheduled in accordance with CAISO requirements to fulfill contractual metering the Scheduling Coordinator for the Facility and interconnecting requirements set forth in the CAISO tariff and the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator Agreement, so as to be able to deliver Energy to the Delivery Point, which is on the CAISO-controlled transmission grid. The Seller shall be responsible for ensuring that Energy deliveries are scheduled consistent with the most recent rules adopted any costs or charges assessed by the applicable NERC regional reliability council, or its successor. Risks of transmission curtailment or interruptions shall be CAISO in the responsibility of the Seller up to the Delivery Point. No later than four (4) hours before SellerDepartment’s role as Scheduling Coordinator is required to submit its preferred day-ahead energy schedule to CAISO, for the Facility and for any operations related charges applied by the CAISO under a participating generator agreement between Seller shall deliver to the Department its preferred day-ahead schedule and, thereafter, Seller shall immediately deliver to the Department notice of any changes to such preferred day-ahead schedule and the reason(s) thereforCAISO. Notwithstanding anything to In its role as the contrary herein, in the event Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) which results in an increase to its output (whether in part or in whole)Scheduling Coordinator, the Department shall also be responsible for reconciling and settling the charges and/or credits associated with the Net Electrical Output with the CAISO. Seller shall provide the Department with such data as is necessary for the Department to carry out its responsibilities as Scheduling Coordinator. The Department may, at a cost to the Department to be mutually agreed between the Department and Seller, delegate to Seller its responsibilities as the Facility’s Scheduling Coordinator. If the Department elects to delegate its responsibilities as the Facility’s Scheduling Coordinator to Seller, Seller shall have the rightright to amend its scheduled deliveries of Net Electrical Output and the Department’s corresponding receipts of same beginning with the clock hour that begins two hours following notice that an event has occurred that reduces the Facility’s ability to generate Net Electrical Output, but not and Seller shall also have the obligation, right to take delivery of such energy and approve the generator meter multiplier that is used in the Dispatch Notice to pay for such increase in output determine the scheduled deliveries to CAISO relative to the Net Electrical Output available at the purchase price per MWh set forth above, which right must be exercised no later than one (1) hour prior to the deadline for the Department, in its capacity as a Scheduling Coordinator, to submit hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department shall have neither the right nor the obligation to take delivery of such energyDelivery Point.

Transmission and Scheduling. (a) The Seller shall arrange and be responsible for transmission service to the Delivery PointPoint and shall, and shall at the Seller’s expense, obtain Schedule Coordination Services services of the Scheduling Coordinator necessary to deliver the Firm Energy to the Delivery Point. The Seller shall be responsible for all CAISO costs and charges, including imbalance energy charges due to deviations from power schedulesscheduled deliveries. The Department shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule with its transmission providers to receive the Firm Energy at the Delivery Point. All deliveries shall be scheduled in accordance with the Operating Limits and CAISO requirements to fulfill contractual metering and interconnecting requirements set forth in the CAISO tariff and the implementing CAISO standards and requirements, including but not limited to, executing a standard form CAISO Participating Generator Agreement, so as to be able enable the Seller to deliver Firm Energy to the Delivery Point, Point which is on the CAISO-controlled transmission gridCAISO Controlled Grid. The Seller shall be responsible for ensuring that Firm Energy deliveries are scheduled as firm power consistent with the most recent rules adopted by the applicable NERC regional reliability councilcouncil and CAISO, or its successortheir respective successors. Risks of transmission curtailment or interruptions interruptions, unless due to the operation of an Uncontrollable Force, shall be the responsibility of the Seller up to the Delivery Point. (b) If the Seller intends to deliver Firm Energy prior to the Initial Delivery Date, the Seller shall, no later than 10 a.m. on the day preceding the expected delivery day, deliver to the Buyer its forecast of the amount of MWh of Firm Energy it expects to deliver and the times at which such delivery is expected to occur. No later than 30 days prior to the Initial Delivery Date, the Seller shall deliver to the Buyer its forecast of the amount of MWh of Firm Energy it expects to deliver each day of the period commencing on the Initial Delivery Date and ending on the next succeeding April 30. No later than April 1 of each year during the term of this Agreement, the Seller shall deliver to the Buyer its forecast of the amount of MWh of Firm Energy it expects to deliver each day of the twelve (12) month period commencing on the next succeeding May 1 (adjusted for any remaining term of this Agreement of less than twelve (12) months). No later than the fifteenth day of each calendar month, the Seller shall deliver to the Buyer its forecast of the amount of MWh of Firm Energy it expects to deliver each hour of each day of the succeeding calendar month. No later than noon on the Tuesday before each week commencing on the Sunday, immediately succeeding such Tuesday, at 12:00 P.M. midnight, Pacific time, and ending on the following Saturday at 11:59 P.M., Pacific time, the Seller shall deliver to the Buyer its update of the amount of MWh of Firm Energy it expects to deliver to the Buyer for each hour of each day of such week. No later than four (4) hours before the Seller’s Scheduling Coordinator is required to submit its preferred day-ahead energy schedule to CAISO, the Seller shall deliver to the Department Buyer its preferred day-ahead schedule and, thereafter, the Seller shall immediately deliver to the Department Buyer notice of any changes to such preferred day-ahead schedule and the reason(s) therefor. for it. (c) Notwithstanding anything to the contrary herein, in the event the Seller makes a same-day change to its schedule for any reason (other than an adjustment imposed by CAISO) which results in an increase to its output (whether in part or in whole)output, the Department Buyer shall have the right, but not the obligation, to take delivery of such energy Firm Energy and to pay for such increase in output at the purchase price Purchase Price per MWh set forth abovein Appendix A to this Agreement, which right must be exercised no later than one (1) hour prior to the deadline for the DepartmentBuyer, in its capacity as a Scheduling Coordinator, to submit hour-ahead schedules to CAISO, otherwise such right shall be deemed not to have been exercised and the Department Buyer shall have neither the right nor the obligation to take delivery of such energy.