Fast Frequency Response Criteria and Liquidated Damages Clause Samples

Fast Frequency Response Criteria and Liquidated Damages. Following the Commercial Operations Date, the Facility shall respond appropriately to frequency disturbances in the Company System by operating in a manner consistent with standards and parameters established for Fast Frequency Response. With respect to such frequency disturbances in the Company System, the Facility shall be required to meet all of the following minimum frequency performance criteria (collectively, the "Fast Frequency Response Performance Metric"): (i) The time between a step change in frequency and the response is no more than 1.3 times the target reaction time; (ii) The resource achieves at least 63% of the new steady state active power output within the rise time; (iii) The resource achieves at least 70% of the new steady state active power target within the settling time; Overshoot does not exceed 5% of the final steady state active power; and The new steady-state active power output is within the settling band. Company will review historical operational data to determine the Facility's fast frequency response following disturbances and satisfaction of the Fast Frequency Response Performance Metric. In accordance with Section 8(v) (Data Collection) of Attachment B (Facility Owned by Seller), Seller shall provide such high resolution data from the Facility requested by Company to assist in the review. To the extent the historical operational data is insufficient or otherwise lacking for purposes of determining the Facility's satisfaction of the Fast Frequency Response Performance Metric, Company shall review Facility’s performance under structured test conditions no less than once per Contract Year. After the first Contract Year: (1) for each instance of the Facility failing to satisfy the Fast Frequency Response Performance Metric, Seller shall pay, and Company shall accept, as liquidated damages for such failure, an amount equal to 25% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Company; and (2) in the event poor Facility fast frequency response performance requires disabling the fast frequency response controls, as determined by Company in its sole discretion (e.g., in the event a Facility response to Company System frequency outside of the FFR deadband contributes to frequency error or worsens the disturbance), Seller shall pay and Company shall accept, as liquidated damages for such underperformance, an amount equal to 100% of the FFR Allocated Portion of the Lump Sum Payment upon proper demand by Com...
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