Substation Upgrade Facilities definition
Examples of Substation Upgrade Facilities in a sentence
Official drawings applicable to the Substation Upgrade Facilities shall be held and maintained by Provider in accordance with Good Utility Practice, and Owner shall have access to such drawings upon reasonable notice.
Provider shall be solely responsible for complying, and hereby expressly agrees to assume sole responsibility to comply, with all NERC Standards applicable to the Substation Upgrade Facilities.
For purposes of clarity, the indemnification herein provided in respect of violations or alleged violations that affect both the Substation Upgrade Facilities and other Sugarloaf Substation assets shall be apportioned based on how the number of Substation Upgrade Facilities impacted compares to the total number of functionally equivalent Sugarloaf Substation assets impacted.
In furtherance of the foregoing, Provider, as it relates to the Substation Upgrade Facilities, represents and warrants to, and covenants and agrees with, Owner that Provider has, on or prior to the Effective Date, registered, and will at all times during the term of this Agreement maintain such registration, as the Transmission Owner and will not de-register as the Transmission Owner, with NERC of the Substation Upgrade Facilities.
In the event Provider receives a notice of possible violation (an “NPV”) from NPCC associated with the Substation Upgrade Facilities or if Provider identifies a possible violation for which it is self-reporting to NPCC, which carries the possibility of financial penalties as to which Provider would seek indemnification hereunder, Provider shall notify Owner of such NPV in writing (which may be via email) as soon as practicable.
This Agreement shall cease to apply to Substation Upgrade Facilities, and all provisions hereof relating thereto shall be deemed to be removed (including, without limitation, the provisions of Section 3.4 (b)) if and when the economic value of the Substation Upgrade Facilities is no longer recorded as an intangible/regulatory asset in rate base on Owner’s books.
Owner shall have the right, but not the obligation, to conduct audits with respect to Provider’s compliance with NERC Standards applicable to the Substation Upgrade Facilities.
Such audit and requests for records shall be subject to 30 days’ advance notice, unless otherwise required by NERC / NPCC or any unplanned external investigation that involves the Substation Upgrade Facilities.
Provider agrees to cooperate with such audits and, upon request, provide Owner (or Owner’s agents, subject to Provider’s reasonable approval) with access to and/or copies of all records kept in connection with Owner’s compliance activities with respect to the Substation Upgrade Facilities.
Owner may not terminate this Agreement, including for cause, as it relates to the Substation Upgrade Facilities (and, in particular its obligation to pay operation and maintenance expenses, including insurance costs and property taxes allocable to the Substation Upgrade Facilities) until such time as Owner’s investment in such Substation Upgrade Facilities is no longer in Owner’s rate base.