Common use of Calculation of Facility Availability Clause in Contracts

Calculation of Facility Availability. 1. Resource Provider shall calculate the availability of the Facility in a Billing Period “n” using the formula set forth below (the “Facility Availability”): − ( + + ) = ( FAn = Facility Availability for Billing Period “n”; BPHRSn = total number of hours for Billing Period “n”; POHRSn = total number of Permitted Outage Hours where the Facility was unavailable to deliver Adjusted Duration Energy or unable to accept Charge Energy in the Billing Period, provided that the number of POHRS in a Billing Period due to Scheduled Outages and Scheduled Deratings may not exceed the maximum number of hours per Year permitted for such events pursuant to paragraph (a) of Section 6.3 (Scheduled Maintenance); A Scheduled Outage or Force Majeure (declared by Resource Provider) that occurs for less than a full hour, or any Scheduled Derating will count as an equivalent percentage of the applicable hour(s) for this calculation. For example, if Resource Provider Notifies PREPA of a change in the Facility’s Dmax that results in a reduction in Adjusted Duration Energy by ten percent (10%) for twenty (20) hours due to a Scheduled Derating, then the Facility would be deemed unavailable for two (2) full hours; UNAVHRSn = total number of hours in which the Facility was unavailable to deliver Adjusted Duration Energy or unable to accept Charge Energy during the Billing Period due to (A) a Non- Scheduled Outage or Non-Scheduled Derating; (B) an extension of a Scheduled Outage or Scheduled Derating from its original schedule that was not notified to and approved by PREPA in accordance with Section 6.3 (Scheduled Maintenance); or (C) Resource Provider declaring the Facility unavailable, in whole or in part, for any hour or part of an hour, for any reason other than an event that counts toward POHRSn, provided that (i) an event described in (A) through (C) above that involves a Non-Scheduled Derating of the Facility shall result in unavailability of the Facility only to the extent that the Facility is unavailable to deliver Adjusted Duration Energy or unable to accept Charge Energy, as applicable, as a result of such event, with such Facility unavailability determined based on the difference between the standard of performance for the Facility required in accordance with the Agreement and the actual performance of the Facility during such event, and (ii) if an event described in (A) through (C) above or occurs for less than a full hour, the unavailability will count as an equivalent percentage of the applicable hour; UNAVPRODHRSn= total number of hours in which the Facility (A) was unable to provide Product other than Energy due to an event that inhibits the Facility’s ability to provide such other Products but not its ability to deliver Energy; (B) inability of Resource Provider to maintain certification of any such other Product; or (C) Resource Provider declaring the Facility unable to provide such other Product, in whole or in part, for any hour or part of an hour, for any reason other than an event that counts toward POHRSn, provided that (i) an event described in (A) through (C) above that continues for less than a full hour will count as an equivalent percentage of the applicable hour for this calculation, and