Common use of Costs for Distribution Upgrades Clause in Contracts

Costs for Distribution Upgrades. (a) Reclassification of Network Upgrades. i) Should the Point of Interconnection remain part of the CAISO Controlled Grid, this SGIA will be amended to reflect the following: a. The reclassified facilities will be reflected in the SGIA as Distribution Upgrades. b. The Interconnection Customer’s cost responsibility for Distribution Upgrades will be increased to reflect the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. c. The Interconnection Customer’s cost responsibility for Network Upgrades will be decreased to remove the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. d. The Credit Support amounts reflected in Section 10 and Section 11 of this SGIA Attachment 2, will be modified to reflect the facilities’ reclassification. e. The obligation for the CAISO and the Participating TO to provide repayment of amounts advanced for Network Upgrades or Congestion Revenue Rights in accordance with Article 5.3 of the SGIA associated with the reclassified facilities will cease as of the effective date of the reclassification from Network Upgrades to Distribution Upgrades. ii) Should the Point of Interconnection change from the CAISO Controlled Grid to the Distribution System, then the Participating TO and the Interconnection Customer will negotiate in good faith to replace this SGIA with a Generation Interconnection Agreement (“GIA”) consistent with the pro forma contained in the Participating TO’s Wholesale Distribution Access Tariff (“WDAT”), Attachment I, Appendix 5. Upon the effective date of the replacement GIA, the Parties will terminate this SGIA. Prior to the effective date of the reclassification of the Network Upgrades as Distribution Upgrades, the Interconnection Customer will be required to obtain distribution service for the Western Antelope Blue Sky Ranch A Project pursuant to the Participating TO’s WDAT to deliver power from the Point of Interconnection on the Distribution System to the CAISO Controlled Grid. The obligation for the CAISO and the Participating TO to provide repayment of amounts advanced for Network Upgrades or Congestion Revenue Rights in accordance with Article 5.3 of this SGIA associated with the reclassified facilities will cease as of the effective date of the reclassification from Network Upgrades to Distribution Upgrades. The new GIA will reflect the following terms: a. The reclassified facilities will be reflected in the GIA as Distribution Upgrades. b. The Interconnection Customer’s cost responsibility for Distribution Upgrades will be increased to reflect the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. c. The Interconnection Customer’s cost responsibility for Network Upgrades will be decreased to remove the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. d. The Credit Support amounts reflected in Section 10 and Section 11 of this SGIA Attachment 2, will be modified to reflect the facilities’ reclassification. Last IC-owned Structure Point of Change of Ownership Customer-Owned Substation Interconnection Customer Participating TO Antelope Substation 66 ▇▇ ▇▇▇▇ Bus Point of Interconnection Antelope Substation 66 kV East Bus

Costs for Distribution Upgrades. (a) Reclassification of Network Upgrades.: The following Network Upgrades identified for the Western Antelope Dry Ranch Project may be reclassified as Distribution Upgrades as represented in the Phase II Interconnection Study: All of the Participating TO’s Reliability Network Upgrades described in Attachment 6 of this SGIA. The estimated cost of these Network Upgrades subject to reclassification is approximately $563,584. The ITCC associated with these upgrades is $197,254. Upon reclassification of facilities from Network Upgrade to Distribution Upgrades, one of the following alternatives will be applicable: i) Should the Point of Interconnection remain part of the CAISO Controlled Grid, this SGIA will be amended to reflect the following: a. The reclassified facilities will be reflected in the SGIA as Distribution Upgrades. b. The Interconnection Customer’s cost responsibility for Distribution Upgrades will be increased to reflect the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. c. The Interconnection Customer’s cost responsibility for Network Upgrades will be decreased to remove the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. d. The Credit Support amounts reflected in Section 10 and Section 11 of this SGIA Attachment 2, will be modified to reflect the facilities’ reclassification. e. The obligation for the CAISO and the Participating TO to provide repayment of amounts advanced for Network Upgrades or Congestion Revenue Rights in accordance with Article 5.3 of the SGIA associated with the reclassified facilities will cease as of the effective date of the reclassification from Network Upgrades to Distribution Upgrades. ii) Should the Point of Interconnection change from the CAISO Controlled Grid to the Distribution System, then the Participating TO and the Interconnection Customer will negotiate in good faith to replace this SGIA with a Generation Interconnection Agreement (“GIA”) consistent with the pro forma contained in the Participating TO’s Wholesale Distribution Access Tariff (“WDAT”), Attachment I, Appendix 5. Upon the effective date of the replacement GIA, the Parties will terminate this SGIA. Prior to the effective date of the reclassification of the Network Upgrades as Distribution Upgrades, the Interconnection Customer will be required to obtain distribution service for the Western Antelope Blue Sky Dry Ranch A Project pursuant to the Participating TO’s WDAT to deliver power from the Point of Interconnection on the Distribution System to the CAISO Controlled Grid. The obligation for the CAISO and the Participating TO to provide repayment of amounts advanced for Network Upgrades or Congestion Revenue Rights in accordance with Article 5.3 of this SGIA associated with the reclassified facilities will cease as of the effective date of the reclassification from Network Upgrades to Distribution Upgrades. The new GIA will reflect the following terms: a. The reclassified facilities will be reflected in the GIA as Distribution Upgrades. b. The Interconnection Customer’s cost responsibility for Distribution Upgrades will be increased to reflect the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. c. The Interconnection Customer’s cost responsibility for Network Upgrades will be decreased to remove the Interconnection Customer’s allocated share of the total cost of the reclassified facilities. d. The Credit Support amounts reflected in Section 10 and Section 11 of this SGIA Attachment 2, will be modified to reflect the facilities’ reclassification. Last IC-owned Structure Point of Change of Ownership Customer-Owned Substation Interconnection Customer Participating TO Antelope Substation 66 ▇▇ ▇▇▇▇ Bus Point of Interconnection Antelope Substation 66 kV East Bus.