Determination of Demand Clause Samples

Determination of Demand. The demand for any billing shall be defined as the maximum measured fifteen minute average kilowatt load in the billing period. In instances, however, where the use of energy by a Customer is intermittent or subject to violent fluctuations, a shorter time interval may be used and the demand determined from special measurements. At Utility's option, a thermal type of demand meter which does not reset after a definite time interval may be used for demand measurements.
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Determination of Demand. The maximum demand for each month shall be the maximum average load in kilowatts during any fifteen-minute period as indicated by a demand meter. The kilowatts of billing demand for each month shall be the highest of the maximum demand for such month, but not less than 75% of the greatest maximum demand for the preceding eleven months, nor less than 25 kilowatts.
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Determination of Demand. A. A kW demand meter will be installed when the Customer has used 7,000 kWh or more in any billing month or when the Customer’s estimated demand is greater than 25 kW. B. The kW of demand will be determined as the highest average kW load measured in any 30-minute interval during the billing month.
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Determination of Demand. The Company will install a demand measuring device of a type approved by the Public Service Commission for the determination of the maximum demand, except as otherwise provided under General Rule III-1(F) of the Company's Schedule for Electricity relating to temporary service. (See General Rule III-11(D) of the Company's Schedule for Electricity for definition of maximum demand.) When demand is determined by a continuous recording device, the maximum demand for each respective time period shall be the integrated demand occurring during the two highest contiguous fifteen minute intervals during the applicable time period. The Contract Demand for a Customer is determined each month and is equal to the Customer's highest registered demand in the most recent 18 months, or the highest registered demand on the account if the account has less than 18 months of demand history. When a Customer's electricity requirements exceed that served under this Rate Schedule, the Contract Demand under this Rate Schedule is equal to the Customer's highest demand served under this Rate Schedule in the most recent 18 months, or the highest demand served under this Rate Schedule if the account has less than 18 months of demand history. Any Customer may request a revision of the contract demand, and the contract demand will be adjusted to a lower level if the Customer demonstrates to the Company, in advance, permanent changes to the electrical load in its premises through changes in equipment or changes in the kind of business or activity conducted that will make it highly improbable that the Customer's current contract demand will be experienced in the future. No such adjustment may be based on expectations of changes in weather. For a Customer whose contract demand has been reduced, the demand history prior to the reduction will not be considered in determining the contract demand for subsequent months. Issued under authority of PSC order in Case 07-E-0523 made March 25, 2008. Customers served under Rate II of this Rate Schedule and Customers served under SC 15-RA of the Retail Access Rate Schedule but billed under Rate II of this Rate Schedule may own the meter(s), as described in General Information Section III-8 of the Schedule for Electricity, provided that the Customer owns all the electric meters for the Customer’s full requirements served under a single account. Where service is billed under Rate I or Rate II and the registered demand was 50 kW or greater for two consecuti...
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Related to Determination of Demand

  • Determination of Disputes Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.

  • Determination of Right to Indemnification To the extent that Indemnitee shall have been successful on the merits or otherwise in defense of any Indemnifiable Claim or any portion thereof or in defense of any issue or matter therein, including, without limitation, dismissal without prejudice, Indemnitee shall be indemnified against all Indemnifiable Losses relating to, arising out of or resulting from such Indemnifiable Claim in accordance with Section 2 and no Standard of Conduct Determination (as defined in Section 7(b)) shall be required. To the extent that the provisions of Section 7(a) are inapplicable to an Indemnifiable Claim that shall have been finally disposed of, any determination of whether Indemnitee has satisfied the applicable Standard of Conduct (a “Standard of Conduct Determination”) shall be made as follows: (i) if a Change in Control shall not have occurred, or if a Change in Control shall have occurred but Indemnitee shall have requested that the Standard of Conduct Determination be made pursuant to this clause (i), (A) by a majority vote of the Disinterested Directors, even if less than a quorum of the Board, (B) if such Disinterested Directors so direct, by a majority vote of a committee of Disinterested Directors designated by a majority vote of all Disinterested Directors, or (C) if there are no such Disinterested Directors, or if a majority of the Disinterested Directors so direct, by Independent Counsel in a written opinion addressed to the Board, a copy of which shall be delivered to Indemnitee; and (ii) if a Change in Control shall have occurred and Indemnitee shall not have requested that the Standard of Conduct Determination be made pursuant to clause (i) above, by Independent Counsel in a written opinion addressed to the Board, a copy of which shall be delivered to Indemnitee. If (i) Indemnitee shall be entitled to indemnification hereunder against any Indemnifiable Losses pursuant to Section 7(a), (ii) no determination of whether Indemnitee has satisfied any applicable standard of conduct under Delaware law is a legally required condition precedent to indemnification of Indemnitee hereunder against any Indemnifiable Losses, or (iii) Indemnitee has been determined or deemed pursuant to Section 7(b) to have satisfied the applicable Standard of Conduct, then the Company shall pay to Indemnitee, within five business days after the later of (x) the Notification Date in respect of the Indemnifiable Claim or portion thereof to which such Indemnifiable Losses are related, out of which such Indemnifiable Losses arose or from which such Indemnifiable Losses resulted, and (y) the earliest date on which the applicable criterion specified in clause (i), (ii) or (iii) above shall have been satisfied, an amount equal to the amount of such Indemnifiable Losses. Nothing herein is intended to mean or imply that the Company is intending to use Section 145(f) of the Delaware General Corporation Law to dispense with a requirement that Indemnitee meet the applicable Standard of Conduct where it is otherwise required by such statute. If a Standard of Conduct Determination is required to be, but has not been, made by Independent Counsel pursuant to Section 7(b)(i), the Independent Counsel shall be selected by the Board or a committee of the Board, and the Company shall give written notice to Indemnitee advising him or her of the identity of the Independent Counsel so selected. If a Standard of Conduct Determination is required to be, or to have been, made by Independent Counsel pursuant to Section 7(b)(ii), the Independent Counsel shall be selected by Indemnitee, and Indemnitee shall give written notice to the Company advising it of the identity of the Independent Counsel so selected. In either case, Indemnitee or the Company, as applicable, may, within five business days after receiving written notice of selection from the other, deliver to the other a written objection to such selection; provided, however, that such objection may be asserted only on the ground that the Independent Counsel so selected does not satisfy the criteria set forth in the definition of “Independent Counsel” in Section 1(h), and the objection shall set forth with particularity the factual basis of such assertion. Absent a proper and timely objection, the Person so selected shall act as Independent Counsel. If such written objection is properly and timely made and substantiated, (i) the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court has determined that such objection is without merit and (ii) the non-objecting party may, at its option, select an alternative Independent Counsel and give written notice to the other party advising such other party of the identity of the alternative Independent Counsel so selected, in which case the provisions of the two immediately preceding sentences and clause (i) of this sentence shall apply to such subsequent selection and notice. If applicable, the provisions of clause (ii) of the immediately preceding sentence shall apply to successive alternative selections. If no Independent Counsel that is permitted under the foregoing provisions of this Section 7(d) to make the Standard of Conduct Determination shall have been selected within 30 calendar days after the Company gives its initial notice pursuant to the first sentence of this Section 7(d) or Indemnitee gives its initial notice pursuant to the second sentence of this Section 7(d), as the case may be, either the Company or Indemnitee may petition the Court of Chancery of the State of Delaware for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and/or for the appointment as Independent Counsel of a person or firm selected by the Court or by such other person as the Court shall designate, and the person or firm with respect to whom all objections are so resolved or the person or firm so appointed will act as Independent Counsel. In all events, the Company shall pay all of the actual and reasonable fees and expenses of the Independent Counsel incurred in connection with the Independent Counsel’s determination pursuant to Section 7(b).