Common use of Transmission Provider Curtailments Clause in Contracts

Transmission Provider Curtailments. (1) In the event that the Transmission Provider(s) of MH and/or WPS reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Energy, the Energy that is to be supplied by MH and received by WPS shall be curtailed, restricted or reduced in accordance with the provisions of that Transmission Provider’s OATT. The Parties also agree that where MH has been unable to obtain sufficient quantities of Net Scheduled Interchange including “ramp capability” to have its offer for the Energy clear the Day-Ahead Energy and Operating Reserve Market, the quantity of the Energy that did not clear the said market shall be deemed to have been curtailed pursuant to this Section 3.7(1). (2) Subject to Section 19.3, in the event MH, MH’s Transmission Provider or WPS’s Transmission Provider ceases to have an OATT, curtailment or reduction of Energy Schedules hereunder in order to maintain the reliable operation of the interconnected AC transmission system shall be implemented exclusively in accordance with this Section. Curtailment of energy deliveries under this Section to accommodate such events shall be implemented as follows, in the order specified, until the required amount of loading relief has been obtained: (a) all transmission service or transactions that are lower than Firm Transmission Service, and which contribute to the condition requiring curtailment, shall be curtailed first; (b) the applicable Party shall use Commercially Reasonable Efforts to cause the curtailing Person to redispatch its generation system to continue the Schedules hereunder consistent with producing the desired loading mitigation upon the congested facility(s); and (c) to the extent all transactions identified in clause (a) of this Section 3.7(2) are curtailed and system redispatch is not sufficient to produce the necessary mitigation that would avoid curtailment of the schedules under this Agreement, the transaction curtailment priority used by MH relative to all uses of such AC transmission system at the time shall be implemented in a comparable and non-discriminatory manner. (3) In the event that the Transmission Provider(s) of MH and/or WPS reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Firm Product B Energy offered by MH to WPS pursuant to this Agreement during the Firm Product B Contact Term Time Period (“Transmission Minimum Annual Energy Decrement Event”), the Minimum Annual Firm Product B Energy Amount, if applicable for a Contract Year, shall be decremented by the amount determined in accordance with Section 3.13(b), during the period of such Transmission Minimum Annual Energy Decrement Event. For greater certainty, a Transmission Minimum Annual Energy Decrement Event can occur and continue only during a period of time when MH has not offered Firm Product B Energy to WPS pursuant to this Agreement but can not occur during a period of time for which MH has offered Firm Product B Energy to WPS in accordance with this Agreement.

Transmission Provider Curtailments. ‌ (1) In the event that the Transmission Provider(s) of MH and/or WPS MP reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of MP’s Energy the Energy, the Energy that is to be supplied by MH and received by WPS said energy shall be curtailed, restricted or reduced in accordance with the provisions of that Transmission Provider’s OATT. The Parties also agree that where MH has been unable to obtain sufficient quantities of Net Scheduled Interchange including “ramp capability” to have its offer for the Energy clear the Day-Ahead Energy and Operating Reserve Market, the quantity of the Energy that did not clear the said market shall be deemed to have been curtailed pursuant to this Section 3.7(1). (2) Subject to Section 19.317.3, in the event MH, MH’s Transmission Provider MH or WPS’s MP or its respective Transmission Provider ceases to have an OATT, curtailment or reduction of Energy energy Schedules hereunder in order to maintain the reliable operation of the interconnected AC transmission system system, shall be implemented exclusively in accordance with this SectionSection 3.5(2). Curtailment of energy deliveries under this Section 3.5(2) to accommodate such events shall be implemented as follows, in the order specified, until the required amount of loading relief has been obtained: (a) all transmission service or transactions transactions, that are lower in curtailment priority than Firm Transmission Service, Service and which that contribute to the condition requiring curtailment, curtailment shall be curtailed first; (b) the applicable Party shall use Commercially Reasonable Efforts to cause the curtailing Person to redispatch its generation system to continue the Schedules hereunder consistent with producing the desired loading mitigation upon the congested facility(s); and (c) to the extent all transactions identified in clause (a) of this Section 3.7(23.5(2) are curtailed and system redispatch is not sufficient to produce the necessary mitigation that would avoid curtailment of the schedules under this Agreement, the transaction curtailment priority used by MH the applicable Transmission Provider relative to all uses of such AC transmission system at the time shall be implemented in a comparable and non-discriminatory manner. (3) In the event that the Transmission Provider(s) of MH and/or WPS reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Firm Product B Energy offered by MH to WPS pursuant to this Agreement during the Firm Product B Contact Term Time Period (“Transmission Minimum Annual Energy Decrement Event”), the Minimum Annual Firm Product B Energy Amount, if applicable for a Contract Year, shall be decremented by the amount determined in accordance with Section 3.13(b), during the period of such Transmission Minimum Annual Energy Decrement Event. For greater certainty, a Transmission Minimum Annual Energy Decrement Event can occur and continue only during a period of time when MH has not offered Firm Product B Energy to WPS pursuant to this Agreement but can not occur during a period of time for which MH has offered Firm Product B Energy to WPS in accordance with this Agreement.

Transmission Provider Curtailments. (1) In the event that the Transmission Provider(s) of MH and/or WPS MP reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Energy, the Energy that is to be supplied by MH and received by WPS MP shall be curtailed, restricted or reduced in accordance with the provisions of that Transmission Provider’s OATT. The Parties also agree that where if MH has been unable to obtain sufficient quantities of Net Scheduled Interchange including “ramp capability” to have its offer for the Energy clear the Day-Ahead Energy and Operating Reserve Market, the quantity of the Energy that did not clear the said market shall be deemed to have been curtailed pursuant to this Section 3.7(1). (2) Subject to Section 19.3, in the event MH, MH’s Transmission Provider MH or WPS’s MP or its respective Transmission Provider ceases to have an OATT, curtailment or reduction of Energy Schedules hereunder in order to maintain the reliable operation of the interconnected AC transmission system system, shall be implemented exclusively in accordance with this SectionSection 3.7(2). Curtailment of energy deliveries under this Section 3.7(2) to accommodate such events shall be implemented as follows, in the order specified, until the required amount of loading relief has been obtained: (a) all transmission service or transactions transactions, that are lower in curtailment priority than Firm Transmission Service, and which that contribute to the condition requiring curtailment, ; shall be curtailed first; (b) the applicable Party shall use Commercially Reasonable Efforts to cause the curtailing Person to redispatch its generation system to continue the Schedules hereunder consistent with producing the desired loading mitigation upon the congested facility(s); and (c) to the extent all transactions identified in clause (a) of this Section 3.7(2) are curtailed and system redispatch is not sufficient to produce the necessary mitigation that would avoid curtailment of the schedules under this Agreement, the transaction curtailment priority used by MH the applicable Transmission Provider relative to all uses of such AC transmission system at the time shall be implemented in a comparable and non-discriminatory manner. (3) In the event that the Transmission Provider(s) of MH and/or WPS reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Firm Product B Energy offered by MH to WPS pursuant to this Agreement during the Firm Product B Contact Term Time Period (“Transmission Minimum Annual Energy Decrement Event”), the Minimum Annual Firm Product B Energy Amount, if applicable for a Contract Year, shall be decremented by the amount determined in accordance with Section 3.13(b), during the period of such Transmission Minimum Annual Energy Decrement Event. For greater certainty, a Transmission Minimum Annual Energy Decrement Event can occur and continue only during a period of time when MH has not offered Firm Product B Energy to WPS pursuant to this Agreement but can not occur during a period of time for which MH has offered Firm Product B Energy to WPS in accordance with this Agreement.

Transmission Provider Curtailments. (1) In the event that the actions of any Transmission Provider(s) result in the reduction or curtailments of MH and/or WPS reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Energy, the Energy that is to be supplied by MH and received by WPS MP shall be curtailed, restricted or reduced in accordance with the provisions of that the applicable Transmission Provider’s OATT. . (2) The Parties also agree that where MH has been unable to obtain sufficient quantities of Net Scheduled Interchange (as that term is defined in the Tariff) including “ramp capability” to have its offer for the Energy clear the Day-Ahead Energy and Operating Reserve MarketMarket or the Real-Time Energy and Operating Reserve Market as applicable, that the quantity of the Energy that did not clear the said market shall be deemed to have been curtailed pursuant to this Section 3.7(1)3.4. (23) Subject to Section 19.3, in In the event MH, MH’s Transmission Provider MH or WPS’s MP or their respective Transmission Provider ceases to have an OATT, curtailment or reduction of Energy Schedules schedules hereunder in order to maintain the reliable operation of the interconnected AC transmission system system, shall be implemented exclusively in accordance with this Section. Curtailment of energy deliveries under this Section to accommodate such events shall be implemented as follows, in the order specified, until the required amount of loading relief has been obtainedobtained once the following actions have been undertaken, in the order specified: (a) all transmission service or transactions transactions, that are lower than the Firm Transmission Service, and which contribute to the condition requiring curtailment, shall be curtailed first; (b) the applicable curtailing Party shall use Commercially Reasonable Efforts to cause the curtailing Person to redispatch its generation system to continue the Schedules schedules hereunder consistent with producing the desired loading mitigation upon the congested facility(s); and (c) to the extent all transactions identified in clause (a) of this Section 3.7(23.4(3) are curtailed and system redispatch is not sufficient to produce the necessary mitigation that would avoid curtailment of the schedules under this Proposed Agreement, the transaction curtailment priority used by MH relative to all uses of such AC transmission system at the time shall be implemented in a comparable and non-discriminatory manner. (3) In the event that the Transmission Provider(s) of MH and/or WPS reduces or curtails the Firm Transmission Service designated, allocated or required for the delivery of the Firm Product B Energy offered by MH to WPS pursuant to this Agreement during the Firm Product B Contact Term Time Period (“Transmission Minimum Annual Energy Decrement Event”), the Minimum Annual Firm Product B Energy Amount, if applicable for a Contract Year, shall be decremented by the amount determined in accordance with Section 3.13(b), during the period of such Transmission Minimum Annual Energy Decrement Event. For greater certainty, a Transmission Minimum Annual Energy Decrement Event can occur and continue only during a period of time when MH has not offered Firm Product B Energy to WPS pursuant to this Agreement but can not occur during a period of time for which MH has offered Firm Product B Energy to WPS in accordance with this Agreement.