Control and Operation of the Facility. 8.1 SELLER shall, at least sixty (60) Days prior to the Commercial Operation Date, submit a written schedule of Scheduled Outages ("Scheduled Outage Program") for the remaining portion of the first Year of the Facility's operations and, if the Commercial Operation Date occurs after September for the following Year, setting forth the proposed Scheduled Outage periods. Thereafter, SELLER shall submit to PREPA, in writing, by September 1 of each Year, its proposed Scheduled Outage Program the next Year. 8.2 SELLER shall use reasonable efforts to notify PREPA of any Non- Scheduled Outages at least twenty four (24) hours in advance and coordinate all Non-Scheduled Outages with PREPA. 8.3 If an Emergency is declared by PREPA, PREPA's dispatching centers may disconnect the Facility from PREPA's system, or reduce the Net Electrical Output by curtailment, to the extent permitted by Article 7 and the Agreed Operating Procedures. If a curtailment pursuant to Article 7 is declared by PREPA, PREPA's dispatching centers may curtail Facility's output to the extent permitted by Article 7 and the Agreed Operating Procedures. The Facility will remain disconnected from PREPA's system, or curtailed, following an Emergency until SELLER has received permission to reconnect from PREPA's dispatching center in accordance with the Agreed Operating Procedures. Any disconnection or reduction in the Facility's output required by PREPA under this Agreement shall be of no greater scope and of SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC no longer duration than is required by the Emergency or operating condition pursuant to Article 7 and the Agreed Operating Procedures, consistent with Prudent Utility Practices. Upon an Emergency or curtailment pursuant to Article 7 that results in any disconnection or reduction in the Facility's output, PREPA shall, as soon as practicable after the occurrence of the Emergency or operating condition, provide written notice to SELLER describing the particulars of the occurrence and its estimated duration and shall diligently use all reasonable efforts, consistent with Prudent Utility Practices, to remedy the Emergency or operating condition. In any situation where PREPA causes a reduction of Net Electrical output or a disconnection of the Facility, PREPA shall treat the Facility no less favorably than other facilities connected to PREPA's grid. 8.4 PREPA shall have no liability to SELLER in connection with any disconnection or reduction in the Facility's output required by PREPA under Section 7.1, Section 7.2 or Section 8.3 unless (a) the Facility is otherwise capable of generating and delivering electrical output, (b) SELLER has provided PREPA with written notice of such capability, and (c) the duration of any such disconnection or curtailment (or combination thereof) has exceeded the applicable waiting periods set forth in the next three sentences after delivery of SELLER'S notice to PREPA. With respect to a disconnection or curtailment that is not attributable to severe weather conditions, the waiting period shall be the earliest to occur of (i) a maximum forty- eight (48) consecutive hours, (ii) forty-eight (48) hours in the aggregate during any thirty (30) Day period or (iii) one hundred forty-four (144) hours in the aggregate during any Year. With respect to a disconnection or curtailment that is attributable to severe weather conditions, including a hurricane or tropical storm, the waiting period shall be the earlier to occur of (i) a maximum of seven (7) consecutive Days or (ii) two hundred sixty-four (264) hours in the aggregate during any Year. To the extent a disconnection or curtailment (or combination thereof) exceeds any of the time periods described in the preceding sentences (as SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC applicable), then, notwithstanding anything in this Agreement to the contrary, PREPA shall pay SELLER for each hour of the curtailed energy after the waiting period in accordance with Appendix F, DETERMINATION OF NET ELECTRICAL OUTPUT NOT RECEIVED. PREPA's liability pursuant to this Section 8.4 for any single disconnection or curtailment shall be offset by any insurance proceeds actually received by SELLER from any business interruption insurance policy that SELLER may obtain. 8.5 Each Party shall cooperate with the other in establishing Emergency plans, including recovery from a local or widespread electrical blackout; voltage reduction in order to effect load curtailment; and other plans which may arise. SELLER shall make technical information and data available to PREPA concerning start-up times and black-start capabilities. 8.6 If the Facility has a Scheduled Outage or a Non-Scheduled Outage, and such Scheduled Outage or Non-Scheduled Outage occurs or would occur coincident with an Emergency, PREPA may request that SELLER shall make reasonable efforts, consistent with Prudent Utility Practices and with PREPA's approval, to reschedule the Scheduled Outage or Non-Scheduled Outage or if the Scheduled Outage or Non-Schedule Outage has begun, to expedite the completion thereof. 8.7 SELLER shall provide as a minimum at its expense, and PREPA shall install at SELLER'S expense, the following communication facilities linking the Facility with PREPA's dispatching centers: (a) One Remote Terminal Unit ("RTU"), including setup installation and configuration; which shall be specified by PREPA. (b) Two independent telecommunication circuits. One voice grade to link the SCADA system to the facility RTU using DNP protocol through a designated PREPA communication node. A second fiber optic circuit to link PREPA's network to the Facility SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC in order to access protection equipment, revenue meters and the DSM, through the security device as specified by PREPA. (c) A voice telephone extension for the purpose of communicating with Monacillos TC and ▇▇▇▇▇ ▇▇. (d) A telephone line and equipment to transmit and receive facsimile messages to confirm the oral communication between PREPA and SELLER. (e) A Dynamic System Monitor (DSM) equipment in accordance with APPENDIX D - TECHNICAL SPECIFICATIONS FOR THE DYNAMIC SYSTEM MONITOR, for recording the power disturbance caused by electro-mechanic and to measure the system response to the swing disturbance. SELLER shall be responsible of providing, installing, wiring and commissioning the DSM equipment. Items provided by SELLER in accordance with this Section 8.7 shall be subject to the approval of PREPA, which approval shall not be unreasonably withheld or delayed. 8.8 Each Party shall keep complete and accurate records and other data required for the proper administration of this Agreement. (a) All such records shall be maintained for a minimum of five (5) years after the preparation of such records or data and for any additional length of time required by regulatory agencies with jurisdiction over the Parties; provided, however, that neither Party shall dispose of or destroy any such records without thirty (30) Days prior notice to the other Party. Within ten (10) Days after receipt of the notice of intention to destroy or dispose, the other Party shall have the right to require the notifying Party in writing to retain and deliver to it such records at its sole cost and expense. Any records so notified shall be delivered to the Party requesting their return in no more than ten Days. (b) SELLER shall maintain an accurate and up-to-date operating log at the Facility with records of (i) real and reactive power for SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC each hour, (ii) changes in operating status and Scheduled Outages, and (iii) any unusual conditions found during inspections. Either Party shall have the right from time to time, upon fourteen (14) Days written notice to the other Party and during regular business hours, to examine the records and data of the other Party relating to the proper administration of this Agreement any time during the period the records are required to be maintained. 8.9 At PREPA's request, which request shall be with reasonable anticipation and not more than once a year, SELLER shall provide certifications of tests and inspections of the electric and protection equipment, which may impact PREPA's electrical system. PREPA shall have the right to visit and visually monitor the Facility during operation and testing, including any acceptance testing of the Facility."
Appears in 1 contract
Control and Operation of the Facility. 8.1 SELLER Energy Answers shall, at least sixty (60) Days prior to the Commercial Operation Date, submit a written schedule of Scheduled Outages ("Scheduled Outage Program") for the remaining portion of the first Year of the Facility's operations and, if the Commercial Operation Date occurs after September I, for the following Year, setting forth the proposed Scheduled Outage periods. Thereafter, SELLER Energy Answers shall submit to PREPA, in writing, by September 1 I of each Year, its proposed Scheduled Outage Program for the next Year.
8.2 SELLER Energy Answers shall use reasonable efforts to notify PREPA of any Non- ofany Non-Scheduled Outages at least twenty four (24) hours in advance and coordinate all Non-Scheduled Outages with PREPA.
8.3 If an Emergency is declared by PREPA, PREPA's PREP dispatching centers may disconnect the Facility from PREPA's system, or reduce the Net Electrical Output by curtailment, system to the extent permitted by Article 7 and the Agreed Operating ProceduresSection 7.1. If a curtailment pursuant to Article 7 Section 7.2 is declared by PREPA, PREPA's PREP s dispatching centers may curtail the Facility's output to the extent permitted by Article 7 and the Agreed Operating ProceduresSection 7.2. The Facility will remain disconnected from PREPA's system, or curtailed, system following an Emergency until SELLER Energy Answers has received permission to reconnect from PREPA's PREP dispatching center in accordance with the Agreed Operating Procedurescenter. Any disconnection or reduction in the Facility's output required by PREPA under this Agreement shall be of no greater scope and of SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC no longer duration than is required by the Emergency or operating condition problem pursuant to Article 7 and the Agreed Operating ProceduresSection 7.2, consistent with Prudent Utility Practices. Upon an Emergency or curtailment pursuant to Article 7 Section 7.2 that results in any disconnection or reduction in the Facility's output, PREPA shall, as soon as practicable after the occurrence of the Emergency or operating conditionproblem, provide written notice to SELLER Energy Answers describing the particulars of the occurrence and its estimated duration and shall diligently use all reasonable efforts, consistent with Prudent Utility Practices, to remedy the Emergency or operating conditionproblem. In any situation where PREPA causes a reduction of Net Electrical output Output or a disconnection of the Facility, PREPA shall treat the Facility no less favorably than other facilities connected to PREPA's grid.
8.4 PREPA shall have no liability to SELLER Energy Answers in connection with any disconnection or reduction in the Facility's output required by PREPA under Section 7.1, Section 7.2 or Section 8.3 unless (a) the Facility is otherwise capable of generating ofgenerating and delivering electrical output, (b) SELLER Energy Answers has provided PREPA with written notice of such ofsuch capability, and (c) the duration of any such disconnection or curtailment (or combination thereof) has exceeded the applicable waiting periods set forth in the next three sentences after delivery of SELLER'S notice to PREPA. With respect to a disconnection or curtailment that is not attributable to severe weather conditions, the waiting period shall be the earliest to occur of (i) a maximum forty- eight (48) consecutive hours, (ii) forty-eight (48) hours in the aggregate during any thirty (30) Day period or (iii) one hundred forty-four (144) hours in the aggregate during any Year. With respect to a disconnection or curtailment that is attributable to severe weather conditions, including a hurricane or tropical storm, the waiting period shall be the earlier to occur of (i) a maximum of seven (7) consecutive Days or (ii) two hundred sixty-four (264) hours in the aggregate during any Year. To the extent a disconnection or curtailment (or combination thereof) exceeds any of the time periods described in the preceding sentences (as SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC applicable), then, notwithstanding anything in this Agreement to the contrary, PREPA shall pay SELLER for each hour of the curtailed energy after the waiting period in accordance with Appendix F, DETERMINATION OF NET ELECTRICAL OUTPUT NOT RECEIVED. PREPA's liability pursuant to this Section 8.4 for any single disconnection or curtailment shall be offset by any insurance proceeds actually received by SELLER from any business interruption insurance policy that SELLER may obtain.
8.5 Each Party shall cooperate with the other in establishing Emergency plans, including recovery from a local or widespread electrical blackout; voltage reduction in order to effect load curtailment; and other plans which may arise. SELLER shall make technical information and data available to PREPA concerning start-up times and black-start capabilities.
8.6 If the Facility has a Scheduled Outage or a Non-Scheduled Outage, and such Scheduled Outage or Non-Scheduled Outage occurs or would occur coincident with an Emergency, PREPA may request that SELLER shall make reasonable efforts, consistent with Prudent Utility Practices and with PREPA's approval, to reschedule the Scheduled Outage or Non-Scheduled Outage or if the Scheduled Outage or Non-Schedule Outage has begun, to expedite the completion thereof.
8.7 SELLER shall provide as a minimum at its expense, and PREPA shall install at SELLER'S expense, the following communication facilities linking the Facility with PREPA's dispatching centers:
(a) One Remote Terminal Unit ("RTU"), including setup installation and configuration; which shall be specified by PREPA.
(b) Two independent telecommunication circuits. One voice grade to link the SCADA system to the facility RTU using DNP protocol through a designated PREPA communication node. A second fiber optic circuit to link PREPA's network to the Facility SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC in order to access protection equipment, revenue meters and the DSM, through the security device as specified by PREPA.
(c) A voice telephone extension for the purpose of communicating with Monacillos TC and ▇▇▇▇▇ ▇▇.
(d) A telephone line and equipment to transmit and receive facsimile messages to confirm the oral communication between PREPA and SELLER.
(e) A Dynamic System Monitor (DSM) equipment in accordance with APPENDIX D - TECHNICAL SPECIFICATIONS FOR THE DYNAMIC SYSTEM MONITOR, for recording the power disturbance caused by electro-mechanic and to measure the system response to the swing disturbance. SELLER shall be responsible of providing, installing, wiring and commissioning the DSM equipment. Items provided by SELLER in accordance with this Section 8.7 shall be subject to the approval of PREPA, which approval shall not be unreasonably withheld or delayed.
8.8 Each Party shall keep complete and accurate records and other data required for the proper administration of this Agreement.
(a) All such records shall be maintained for a minimum of five (5) years after the preparation of such records or data and for any additional length of time required by regulatory agencies with jurisdiction over the Parties; provided, however, that neither Party shall dispose of or destroy any such records without thirty (30) Days prior notice to the other Party. Within ten (10) Days after receipt of the notice of intention to destroy or dispose, the other Party shall have the right to require the notifying Party in writing to retain and deliver to it such records at its sole cost and expense. Any records so notified shall be delivered to the Party requesting their return in no more than ten Days.
(b) SELLER shall maintain an accurate and up-to-date operating log at the Facility with records of (i) real and reactive power for SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC each hour, (ii) changes in operating status and Scheduled Outages, and (iii) any unusual conditions found during inspections. Either Party shall have the right from time to time, upon fourteen (14) Days written notice to the other Party and during regular business hours, to examine the records and data of the other Party relating to the proper administration of this Agreement any time during the period the records are required to be maintained.
8.9 At PREPA's request, which request shall be with reasonable anticipation and not more than once a year, SELLER shall provide certifications of tests and inspections of the electric and protection equipment, which may impact PREPA's electrical system. PREPA shall have the right to visit and visually monitor the Facility during operation and testing, including any acceptance testing of the Facility."and
Appears in 1 contract
Control and Operation of the Facility. 8.1 SELLER shall, at least sixty (60) Days prior to the Commercial Operation Date, submit a written schedule of Scheduled Outages ("Scheduled Outage Program") for the remaining portion of the first Year of the Facility's operations and, if the Commercial Operation Date occurs after September for the following Year, setting forth the proposed Scheduled Outage periods. Thereafter, SELLER shall submit to PREPA, in writing, First Amendment Contract 2012-P00037 - Blue Beetle III, LLC Page 4 by September 1 of each Year, its proposed Scheduled Outage Program for the next Year.
8.2 SELLER shall use reasonable efforts to notify PREPA of any Non- Non-Scheduled Outages at least twenty four (24) hours in advance and coordinate all Non-Scheduled Outages with PREPA.
8.3 If an Emergency is declared by PREPA, PREPA's dispatching centers may disconnect the Facility from PREPA's system, or reduce the Net Electrical Output by curtailment, to the extent permitted by Article 7 and the Agreed Operating Procedures7. If a curtailment pursuant to Article 7 is declared by PREPA, PREPA's dispatching centers may curtail the Facility's output to the extent permitted by Article 7 and the Agreed Operating Proceduresoutput. The Facility will remain disconnected from PREPA's system, or curtailed, following an Emergency until SELLER has received permission to reconnect from PREPA's dispatching center in accordance with the Agreed Operating Procedurescenter. Any disconnection or reduction in the Facility's output required by PREPA under this Agreement shall be of no greater scope and of SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC no longer duration than is required by the Emergency or operating condition pursuant to Article 7 and the Agreed Operating Procedures7, consistent with Prudent Utility Practices. Upon an Emergency or curtailment pursuant to Article 7 that results in any disconnection or reduction in the Facility's output, PREPA shall, as soon as practicable after the occurrence of the Emergency or operating condition, provide written notice to SELLER describing the particulars of the occurrence and its estimated duration and shall diligently use all reasonable efforts, consistent with Prudent Utility Practices, to remedy the Emergency or operating condition. In any situation where PREPA causes a reduction of Net Electrical output or a disconnection of the Facility, PREPA shall treat the Facility no less favorably than other facilities connected to PREPA's gridgrid on such occurrences.
8.4 PREPA shall have no liability to SELLER in connection with any disconnection or reduction in the Facility's output required by PREPA under Section 7.1, Section 7.2 Article 7 or Section 8.3 unless (a) the Facility is otherwise capable of generating and delivering electrical output, (b) SELLER has provided PREPA with written notice of such capability, and (c) the duration of any such disconnection or curtailment (or combination thereof) has exceeded the applicable waiting periods period set forth in the next three sentences after delivery of SELLER'S notice to PREPA. With respect to a disconnection or curtailment that is not attributable to severe weather conditions, the waiting period shall be the earliest to occur of (i) a maximum forty- eight (48) consecutive hours, (ii) of forty-eight (48) hours in the aggregate during any thirty (30) Day period or (iii) one hundred forty-four (144) hours in the aggregate during any Year. With respect to a disconnection or curtailment that is attributable to severe weather conditions, including a hurricane or tropical storm, the waiting period shall be the earlier to occur of (i) a maximum of seven (7) consecutive Days or (ii) two hundred sixty-four (264) hours in the aggregate during any Year. To the extent a disconnection or curtailment (or combination thereof) exceeds any of the time periods described in the preceding sentences (as SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC applicable), then, notwithstanding anything in this Agreement to the contrary, PREPA shall pay SELLER for each hour of the curtailed energy after the waiting period in accordance with Appendix F, DETERMINATION OF NET ELECTRICAL OUTPUT NOT RECEIVED. PREPA's liability pursuant to this Section 8.4 for any single disconnection or curtailment shall be offset by any insurance proceeds actually received by SELLER from any business interruption insurance policy that SELLER may obtain.
8.5 Each Party shall cooperate with the other in establishing Emergency plans, including recovery from a local or widespread electrical blackout; voltage reduction in order to effect load curtailment; and other plans which may arise. SELLER shall make technical information and data available to PREPA concerning start-up times and black-start capabilities.
8.6 If the Facility has a Scheduled Outage or a Non-Scheduled Outage, and such Scheduled Outage or Non-Scheduled Outage occurs or would occur coincident with an Emergency, PREPA may request that SELLER shall make reasonable efforts, consistent with Prudent Utility Practices and with PREPA's approval, to reschedule the Scheduled Outage or Non-Scheduled Outage or if the Scheduled Outage or Non-Schedule Outage has begun, to expedite the completion thereof.
8.7 SELLER shall provide as a minimum at its expense, and PREPA shall install at SELLER'S expense, the following communication facilities linking the Facility with PREPA's dispatching centers:
(a) One Remote Terminal Unit ("RTU"), including setup installation and configuration; which shall be specified by PREPA.
(b) Two independent telecommunication circuits. One voice grade to link the SCADA system to the facility RTU using DNP protocol through a designated PREPA communication node. A second fiber optic circuit to link PREPA's network to the Facility SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC in order to access protection equipment, revenue meters and the DSM, through the security device as specified by PREPA.
(c) A voice telephone extension for the purpose of communicating with Monacillos TC and ▇▇▇▇▇ ▇▇.
(d) A telephone line and equipment to transmit and receive facsimile messages to confirm the oral communication between PREPA and SELLER.
(e) A Dynamic System Monitor (DSM) equipment in accordance with APPENDIX D - TECHNICAL SPECIFICATIONS FOR THE DYNAMIC SYSTEM MONITOR, for recording the power disturbance caused by electro-mechanic and to measure the system response to the swing disturbance. SELLER shall be responsible of providing, installing, wiring and commissioning the DSM equipment. Items provided by SELLER in accordance with this Section 8.7 shall be subject to the approval of PREPA, which approval shall not be unreasonably withheld or delayed.
8.8 Each Party shall keep complete and accurate records and other data required for the proper administration of this Agreement.
(a) All such records shall be maintained for a minimum of five (5) years after the preparation of such records or data and for any additional length of time required by regulatory agencies with jurisdiction over the Parties; provided, however, that neither Party shall dispose of or destroy any such records without thirty (30) Days prior notice to the other Party. Within ten (10) Days after receipt of the notice of intention to destroy or dispose, the other Party shall have the right to require the notifying Party in writing to retain and deliver to it such records at its sole cost and expense. Any records so notified shall be delivered to the Party requesting their return in no more than ten Days.
(b) SELLER shall maintain an accurate and up-to-date operating log at the Facility with records of (i) real and reactive power for SECOND AMENDMENT CONTRACT - YFN Yabucoa Solar LLC each hour, (ii) changes in operating status and Scheduled Outages, and (iii) any unusual conditions found during inspections. Either Party shall have the right from time to time, upon fourteen (14) Days written notice to the other Party and during regular business hours, to examine the records and data of the other Party relating to the proper administration of this Agreement any time during the period the records are required to be maintained.
8.9 At PREPA's request, which request shall be with reasonable anticipation and not more than once a year, SELLER shall provide certifications of tests and inspections of the electric and protection equipment, which may impact PREPA's electrical system. PREPA shall have the right to visit and visually monitor the Facility during operation and testing, including any acceptance testing of the Facility."eight
Appears in 1 contract