Voluntary Curtailment by PacifiCorp Sample Clauses
Voluntary Curtailment by PacifiCorp. Seller shall curtail deliveries of Net Output at any time, in whole or in part, and for any duration specified by PacifiCorp with no less than five (5) minutes prior notice (which may be given by telephone) from PacifiCorp to Seller. PacifiCorp shall take reasonable steps to confirm Seller’s receipt of such notice. The MWh amount of Net Output curtailed (“Curtailment Energy”) shall be reasonably determined by Seller after the fact based on the Net Output that could have been generated and delivered to PacifiCorp at the Point of Delivery but that was not generated and delivered because of PacifiCorp’s curtailment instructions. Seller shall promptly provide PacifiCorp with access to such information and data as PacifiCorp may reasonably require to confirm to its reasonable satisfaction the amount of Net Output that was not generated because of PacifiCorp’s curtailment instructions. PacifiCorp shall be obligated to pay Seller for the Curtailment Energy at the purchase price applicable to energy and the associated Green Tags in Section 5.1, plus an amount equal to the value of the PTCs, if applicable, associated with the Curtailment Energy determined on an after-tax basis, as if the Curtailment Energy were Net Output. During any such period of curtailment, Seller shall not generate Net Output (to the extent curtailed by PacifiCorp) or sell the Facility’s energy to any third party. An example setting forth a calculation of payment due for Curtailment Energy under certain stated assumptions is set forth in Exhibit G. Curtailment Energy shall not include Net Output that PacifiCorp is not obligated to purchase and receive under Section 4.4.1.
Voluntary Curtailment by PacifiCorp. Seller shall curtail deliveries of Net Output and associated Green Tags at any time, in whole or in part, and for any duration specified by PacifiCorp with no less than ten (10) minutes (or such lesser time as may be provided for, as between Seller and Interconnection Provider, in the Generation Interconnection Agreement) prior notice (which may be given by telephone) from PacifiCorp to Seller. PacifiCorp shall take reasonable steps to confirm Seller’s receipt of such notice. The MWh amount of Net Output curtailed pursuant to this Section 4.4.2 (“Curtailment Energy”) shall be reasonably determined by Seller after the fact based on the amount of energy that could have been generated at the Facility and delivered to PacifiCorp as Net Output at the Point of Delivery but that was not gen- erated and delivered because of the curtailment. Seller shall determine the quantity of Curtail- ment Energy based on (1) the time and duration of the curtailment period and (2) the number of MWhs that would have been generated based on the wind velocities recorded at the Facility during the period of curtailment and the tested and verified power curve for the wind turbines at the Facility. Seller shall promptly provide PacifiCorp with access to such information and data as PacifiCorp may reasonably require to confirm to its reasonable satisfaction the amount of Curtailment Energy that was not generated or delivered because of a curtailment pursuant to this Section 4.4.2. PacifiCorp shall be obligated to pay Seller for the Curtailment Energy at the then applicable Contract Price. Notwithstanding any other provision hereof, during any period of curtailment pursuant to this Section 4.4.2, Seller shall not generate Net Output to the extent curtailed by PacifiCorp, or sell any portion of the Facility’s energy to any third party. An example setting forth a calculation of payment due for Curtailment Energy under certain stated assumptions is set forth in Exhibit 4.4.2. Notwithstanding the foregoing, PacifiCorp’s obligation to pay for Curtailment Energy pursuant to this Section 4.4.2 shall not apply during any times Seller would otherwise have been required to curtail pursuant to Section 4.4.1.