Capacity Entitlement. 3.1 Once construction of the Requested Facilities is complete, Idaho Power will have installed facilities and equipment sufficient to provide Hoku with 82 MW of electrical capacity measured at the Delivery Point to serve loads at the Hoku Facility. For five (5) years following the completion of construction, Idaho Power agrees not to serve additional customers from the two (2) substation transformers installed or utilize the two (2) vacant transformer spaces pursuant to this Agreement without the prior written consent of Hoku. However, if at the conclusion of the five (5)-year period following the completion of construction, total loads at the Hoku Facility are less than 82 MW, Hoku’s entitlement to capacity at the Delivery Point will be limited to the amount of contract demand established in the Electric Service Agreement referenced in Section 6 that is currently being negotiated between the Parties. Relinquishment of any portion of Hoku’s capacity entitlement, as discussed above, does not entitle Hoku to any refund of the CIAC or any other payments specified in Section 2.1. Idaho Power will send a letter to Hoku specifying the date when construction of the Requested Facilities has been completed and notifying Hoku that the five (5)-year time period described above has commenced.
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Capacity Entitlement. 3.1 Once construction of the Requested Facilities is complete, Idaho Power will have installed facilities and equipment sufficient to provide Hoku with 82 [*] MW of electrical capacity measured at the Delivery Point to serve loads at the Hoku Facility. For five (5) years following the completion of construction, Idaho Power agrees not to serve additional customers from the two (2) substation transformers installed or utilize the two (2) vacant transformer spaces pursuant to this Agreement without the prior written consent of HokuHoku . However, if at the conclusion of the five (5)-year period following the completion of construction, total loads at the Hoku Facility are less than 82 [*] MW, Hoku’s entitlement to capacity at the Delivery Point will be limited to the amount of contract demand established in the Electric Service Agreement referenced in Section 6 that is currently being negotiated between the Parties. Relinquishment of any portion of Hoku’s capacity entitlement, as discussed above, does not entitle Hoku to any refund of the CIAC or any other payments specified in Section 2.1. Idaho Power will send a letter to Hoku specifying the date when construction of the Requested Facilities has been completed and notifying Hoku that the five (5)-year time period described above has commenced.
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