Common use of Curtailment Methodology Clause in Contracts

Curtailment Methodology. (i) Pursuant to Article 8 (Continuity of Service), and Article 9 (Personnel and System Safety), of the Agreement, Company may at times have limited ability to integrate energy produced by Seller into the Company System for engineering and/or operating reasons and may be required to curtail energy deliveries by Seller. When a curtailment control signal is received by the Facility through the Curtailment Control Interface, the corresponding action (e.g., decrease in the Facility's output) shall be initiated without delay. Further curtailment may be implemented if conditions warrant and the Company System Operator deems it necessary. As conditions warrant, Company shall end or reduce the curtailment when Company reasonably determines that the reason for the curtailment is no longer in existence. The Company System Operator shall end or reduce the curtailment through the Curtailment Control Interface. Seller may request that the Facility be restored no sooner than one hour after Company has curtailed the Facility. (ii) When the Company determines that curtailment of energy becomes necessary for reasons other than those directly attributable to the Seller’s Facility, curtailments shall be made to the extent possible in reverse chronological order of the chronological seniority dates determined by Company for its power purchase agreements for as- available energy, including Schedule FIT Agreements, with deliveries under such agreements with the most recent chronological seniority date being the first curtailed, and deliveries under such agreements with the earliest chronological seniority date being the last curtailed. The chronological seniority date for this Agreement shall be the Execution Date. (iii) Small generation projects (such as photovoltaic net energy metering projects, certain feed-in tariff projects, etc.) that are allowed to be installed without curtailment controls would not be curtailed before the Facility. When the Company determines that curtailment of energy becomes necessary for engineering and/or operating reasons that are directly attributable to the Seller’s Facility, reverse chronological curtailment order may not apply. (iv) The Company shall not be liable to the Seller for any such curtailments unless they were in violation of Article 8 (Continuity of Service) or Article 9 (Personnel and System Safety) of this Agreement. Seller shall not override Company’s curtailment nor shall Seller install any equipment or software at the Facility that has the capability of overriding the Company’s curtailment. (v) If the Curtailment Control Interface is unavailable, due to loss of communication link, RTU failure, or other event resulting in the loss of the remote control by Company, provision must be made for Seller to be able to institute, within 30 minutes or such other period as Company accepts in writing, local curtailment raise and lower control and change in voltage regulation target via the local controls upon verbal request by the Company System Operator.