Transmission Access Effect means, with respect to the Implementation of a Subsequent Phase, as to each of the Projects, the identified detrimental effect on the applicable Project as a result of Subsequent Phase being granted access to and use of such Project’s substation or any transmission line or transmission facility used by any Project Owner located on the applicable Project’s side of each Point of Interconnection, including any increase in line losses and any added costs, expenses or losses (including lost revenues, on a grossed up basis, and lost federal and state production tax credits) of such Project associated with the curtailment, down time or line loss of such Project resulting from the upgrading, tying into, starting up, testing, commissioning or use of such Project’s substation, transmission line or transmission facility by the Subsequent Phase, as then reasonably determined by the Independent Transmission Consultant.
Transmission Access Effect means, with respect to the Implementation of a Subsequent Phase, the identified added costs, expenses or losses (including lost revenues and lost federal production tax credits on a grossed up basis, if applicable to the Class A Members) caused solely by (i) down time of the Project resulting from the upgrading, tying into, starting up, testing, or commissioning of the transmission line, transmission facilities and substation of the Project by the Subsequent Phase, or (ii) any increase in transmission losses of the Project, in each case, as determined by Project Company and confirmed as reasonable by the Independent Engineer.
Transmission Access Effect means, with respect to the Implementation of a Subsequent Phase, the identified detrimental effect on the Project as a result of Subsequent Phase being granted access to and use of such Project’s substation or any transmission line or transmission facility used by the Project Owner located on the Project’s side of each Point of Interconnection, including any increase in line losses and any added costs, expenses or losses (including lost revenues, on a grossed up basis, and lost federal and state production tax credits) of such Project associated with the curtailment, down time or line loss of such Project resulting from the upgrading, tying into, starting up, testing, commissioning or use of such Project’s substation, transmission line or transmission facility by the Subsequent Phase, as then reasonably determined by the Independent Transmission Consultant.
More Definitions of Transmission Access Effect
Transmission Access Effect means, with respect to the Implementation of a Subsequent Phase, the identified detrimental effect on the applicable Project as a result of (i) a Subsequent Phase being granted access to and use of any of such Project’s Transmission Facilities, including any increase in line losses and any added costs, expenses or losses (including lost revenues, on a grossed up basis, and lost -8- Form of Build-Out Agreement federal and state production tax credits) of the applicable Project associated with the energy production curtailment, down time or line loss of such Project resulting from the upgrading, tying into, starting up, testing, commissioning or use of any of its Transmission Facilities by the Subsequent Phase, and (ii) if such Subsequent Phase is an electric generation facility utilizing a point of interconnection within five (5) kilometers of a Project’s Point of Interconnection, to the extent not duplicative, the anticipated increased energy production curtailment incurred by a Project as a result of such Subsequent Phase interconnecting to the same transmission system as such Project. Any such calculation under clause (i) or clause (ii) above shall include (A) the effects of any Shared Facilities Agreement or other shared metering arrangement or protocol entered into between the applicable Project, the applicable Subsequent Phase and any other electric generation or energy storage facilities sharing, accessing or using the Transmission Facilities of the applicable Project in accordance with Section 2.2 or otherwise, and (B) lost revenues and lost federal investment tax credits and state tax credits of the applicable Project, in each case, as then reasonably determined by the Independent Transmission Consultant and, if relevant in the case of an energy storage facility, the Independent Engineer; provided, however, that a Subsequent Phase’s effect under (ii) above shall not be considered a “Transmission Access Effect” unless the Subsequent Phase Owner or the Independent Transmission Consultant, as applicable, reasonably determines that the anticipated amount of the Build-Out Payment for such Subsequent Phase would exceed Two Hundred Fifty Thousand Dollars ($250,000) for each of the Project Owners.