Upgrades of Generating Units. Owner may Upgrade any Unit at the Facility, provided that no Upgrade shall release Owner from Owner’s performance obligations under this Agreement. CAISO shall secure no rights under this Agreement to any capacity or services increased or enhanced by any Upgrade unless the Parties agree as to the terms of CAISO’s rights and the amount of CAISO’s payment for such Upgrade. If the Parties so agree, the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics of the affected Unit shall be adjusted to reflect CAISO’s agreed upon rights to the Upgrade provided that any adjustment in heat input shall be made in accordance with Section 4.9(d). If FERC authorization is required to permit Owner to recover the portion of the Upgrade cost CAISO has agreed to pay for the agreed revisions to the Unit characteristics, Owner shall make a Section 205 filing limited to recovery of the costs and implementation of related changes to the Maximum Net Dependable Capacity, Unit Availability Limit and performance characteristics, shall request that the filing become effective as of the date CAISO begins paying its agreed portion of the cost of the Upgrade and request expedited consideration of the filing. CAISO shall intervene in support of such filing including support of requests to place the change in effect without suspension or hearing.
