Capacity Deficiency definition

Capacity Deficiency means, at the Commercial Operation Date the amount (expressed in MW), if any, by which the Actual Facility Size as of such date is less than the proposed nameplate capacity of the Facility as set forth in Exhibit A; provided, however, that the Commercial Operation Date shall not occur unless the Actual Facility Size as of the Commercial Operation Date is at least of the proposed nameplate capacity of the Facility as set forth in Exhibit A.

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Capacity Deficiency means, at the Commercial Operation Date, the amount (expressed in MW), if any, by which the Actual Facility Size is less than the proposed nameplate capacity of the Facility as set forth in Exhibit A.

Capacity Deficiency means, at the applicable date of determination under Section 3.3(c), the amount (expressed in MW), if any, by which the Actual Transmission Capacity is less than the proposed transmission transfer capability of the New Transmission Facilities as set forth in Exhibit E.

Examples of Capacity Deficiency in a sentence

Daily Capacity Deficiency Rate is as defined in Schedule 11 of the Reliability Assurance Agreement.
In addition, the Seller shall pay to Buyer all penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from ▇▇▇▇▇’s election to become deficient in the Planning Resource Auction.
Any amounts for liquidated damages under Clause 8 (Speed Deficiency), Clause 9 (Excessive Fuel Consumption), Clause 10 (Elevated Variable Load Capacity Deficiency), Clause 12 (Other Deficiencies) and Clause 13 (Late Delivery for non-permissible delays) shall be calculated and determined before delivery and may be deducted from the Final Instalment.
In addition, the Seller shall pay to Buyer all penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product or due to all or part of the Product being invalid or ineligible; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from ▇▇▇▇▇’s election to become deficient in the Planning Resource Auction.
In addition, the Seller shall pay to Buyer all penalties and/or charges assessed to Buyer (either directly or through contractual obligation) resulting directly from Seller’s failure to deliver all or part of the Product; provided, however, that Seller shall not be liable for any Capacity Deficiency Charges or similar penalties assessed to Buyer resulting from Buyer’s election to become deficient in the Planning Resource Auction.

More Definitions of Capacity Deficiency

Capacity Deficiency meansshall mean, at the Commercial Operation Date the amount (expressed in MW), if any, by which the Actual Facility Size is less than the proposed nameplate capacity of the Facility as set forth in Exhibit A.

Capacity Deficiency means the amount, if any, by which the Contract Capacity that has achieved Commercial Operation by the Guaranteed Commercial Operation Date is less than the Minimum Contract Capacity; provided, however, if the Contract Capacity that has achieved Commercial Operation by the Guaranteed Commercial Operation Date is less than 25% of the Minimum Contract Capacity, then the Capacity Deficiency shall equal the Minimum Contract Capacity. If the Contract Capacity that has achieved Commercial Operation by the Guaranteed Commercial Operation Date equals or exceeds the Minimum Contract Capacity, the Capacity Deficiency shall be zero.

Capacity Deficiency means, at the Commercial Operation Date, the amount (expressed in MW), if any, by which the Actual Facility Size is less than the Proposed Facility Size.

Capacity Deficiency means a condition or circumstance in which the actual aggregate available electric capacity of the Units, within and subject to the Design Limits and any Operating Limits imposed on a Unit by WESCO, within any limitations otherwise agreed to by IP in this Agreement, and consistent with Good Utility Practice, and the other electric capacity resources otherwise designated by WESCO as being available on the Daily Capacity Schedule is less than the sum of (i) Adjusted Tier 1 Capacity plus (ii) Negotiated Tier 2 Capacity.

Capacity Deficiency. Charges shall have the meaning set forth in the --------------------------- RAA. Capacity Deficiency Charges shall be deemed to include any successor charges approved by PJM, and those successor charges shall have the meaning established by PJM.

Capacity Deficiency means, at the Guaranteed Commercial Operation Date, the amount(expressed in MW), if any, by which (a) the actual nameplate capacity of the Facility designated for generation of the Buyer’s Percentage Entitlement is less than (b) the proposed nameplate capacity of the Facility designated for generation of the Buyer’s Percentage Entitlement as set forth in Exhibit A.

Capacity Deficiency means, as of any date of determination in respect of a Facility of the Project, the amount (expressed as a percentage) by which the “Actual Facility Size” is less than the “Expected Nameplate Capacity” (as such terms are defined in the respective PPAs) of such Facility as of such date.