Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures. (a) Seller hereby designates Buyer or Buyer’s designee to act as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol. (b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders. (i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such Facility, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy from such Facility, for the following eighteen (18) Months. (ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month. (iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month. (iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days. (v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy for each hour of the immediately succeeding day. A forecast provided a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-current forecast. (vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such forecast of Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representatives. (vii) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly. (c) Throughout the Delivery Term of each Facility, Seller shall provide to Buyer the following data on a real-time basis: (i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements; (ii) Read-only access to Energy output information collected by the SCADA system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and (iii) Read-only access to all Electric Metering Devices. (d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.
Appears in 1 contract
Sources: Power Sales Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Except upon the occurrence of a curtailment under Section 7.4, Seller hereby designates Buyer or shall (i) Schedule Energy into the Day-Ahead Market using APN Inter-SC Trades (as such term is defined in the CAISO Tariff) (“IST”) at the Point of Delivery in accordance with the CAISO Tariff, any other applicable guidelines, and the Scheduling Procedures, (ii) pay all CAISO Costs (except for CAISO Costs that result from Buyer’s designee failure to act as Seller’s Scheduling Coordinator to effect submit an IST for any hour that matches the Scheduling aggregate MWh of Facility Energy and Replacement Energy forecasted by Seller for such hour pursuant to and at the Point of DeliverySection 7.2(c)(4), which shall be timely paid by Buyer or promptly reimbursed by Buyer to Seller), and Buyer (for itself or its designeeiii) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacityinstall metering, Buyer shall be responsible for and pay all fees, chargestelemetry, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner control equipment in accordance with Section 11.7 and the CAISO Tariff and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide deliver Facility Energy to the Point Points of Delivery Interconnection, Schedule Delivered Energy, and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(ib) Buyer is responsible for any required Scheduling of Delivered Energy after the Point of Delivery. Each Party shall perform all Scheduling activities hereunder in compliance with the CAISO Tariff, WECC scheduling practices, and Prudent Utility Practices.
(c) Seller or Seller’s Authorized Representative shall provide the following non-binding forecasts, and any updates to such forecasts, to Buyer based on the most current forecast of Buyer’s Share of Facility Energy and Replacement Energy:
(1) At least (A) one-hundred twenty (120) days before (a) the scheduled Commercial Operation anticipated Commencement Date and (bB) one-hundred twenty (120) days before the beginning of each Contract Year for such Facilitythereafter, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Monthmonth’s average-day deliveries quantities of Buyer’s Share of Facility Energy and Replacement Energy from such Facility, for the following eighteen (18) Monthsmonths.
(ii2) No later than sixty (60) days before the beginning of each Month month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries quantities of Buyer’s Share of Facility Energy and Replacement Energy, Energy for each such Monthmonth.
(iii3) No later than ten (10) Business Days before the beginning of each Month month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries quantities of Buyer’s Share of Facility Energy and Replacement Energy for the following Monthmonth.
(iv4) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries quantities of Buyer’s Share of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days.
(v5) By 5:30 a.m. Pacific Prevailing Time AM PPT on the Business Day immediately preceding each day of delivery of Buyer’s Share of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly (or as then appropriate) forecast of deliveries quantities of Buyer’s Share of Facility Energy and Replacement Energy for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-non- Business Day shall include forecasts for the immediate day, each succeeding non-non- Business Day and the next Business Day. Seller shall provide Buyer or BuyerSeller’s Authorized Representative with shall, by 9:00 AM PPT, provide a copy of any updates to such forecast indicating a change in forecasted Buyer’s Share of Facility Energy or Replacement Energy from the then-current forecast.
(vi6) Prior to 12:00 p.m. Pacific Prevailing Time PM PPT of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule pre-schedule forecast of Buyer’s Share of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Buyer’s Share of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee Authorized Representative of the anticipated delivery quantities of Buyer’s Share of Facility Energy and Replacement Energy at the time. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee Authorized Representative shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall use commercially reasonable efforts to operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representativespre-schedule plan.
(vii7) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or BuyerSeller’s Authorized Representative shall use commercially reasonable efforts notify Buyer via email, telephonefollowed by a telephone call, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an anticipated outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified specific in the CAISO Tariff. Seller or Seller’s Authorized Representative shall notify Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.2(c)(7) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller or Seller’s Authorized Representative shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(cd) Seller shall develop and install all communications systems necessary for the operation of the Facility in accordance with Prudent Utility Practices, including communications systems that provide for the receipt and following of automated dispatch instructions from the CAISO. Throughout the Delivery Term of each FacilityTerm, Seller shall provide to Buyer the following data on a real-real time basis, with minimal lag time, and in a format that reasonably allows Buyer to copy, paste or otherwise use such data:
(i1) Read-Read only access via secure log-in credentials to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access to Energy output information collected by the SCADA supervisory control and data acquisition (“SCADA”) system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information and meteorological measurements to Buyer in four (4)-second 4) second intervals in the form of a one (1) hour flat file to Buyer through a secure file transport protocol (FTP) system with an e-e mail back-back up for each flat file submittal. Seller shall store such information for up to three (3) months after delivery thereof to Buyer; and
(iii2) Read-only access Such other information about the Facility as may be reasonably requested from time to all Electric Metering Devicestime by Buyer.
(de) Buyer is authorized No later than ninety (90) days before the Guaranteed Commencement Date, the Parties shall mutually develop forecasting and Scheduling procedures in addition to prepare those set forth in this Section 7.2 (collectively with the forecasting and provide Buyer’s Authorized RepresentativeScheduling procedures set forth in this Section 7.2, Buyer’s real time operatorsthe “Scheduling Procedures”) in order to administer the provisions of this Agreement in compliance with all applicable Prudent Utility Practices, Requirements of Law and requirements of the Transmission Provider, CAISO, NERC, WECC, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email any balancing authority involved in the form Scheduling of an excel spreadsheet Energy under this Agreement. The Parties shall promptly cooperate to make any reasonably necessary and appropriate modifications to the Scheduling Procedures (or any combination thereof)including, transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2if necessary, by amending this Agreement) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to as may be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded required from time to time.
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Except upon the occurrence of a curtailment under Section 7.4, Buyer’s designee to act , as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of DeliveryCoordinator, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy (including all Energy sold by Seller in a reasonable and prudent manner mitigation of damages hereunder) in accordance with the CAISO Tariff Tariff, NERC and WECC operating policies and criteria, and any other applicable guidelines, and the Scheduling and forecasting procedures provided in or developed under this Section 7.27.3, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by BuyerEIRP Forecast. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller will take all actions, at its sole cost and expense, required to cause the Facility to be a certified Participating Intermittent Resource and to cause the Facility to become and remain a participant in PIRP, concurrently with the Commercial Operation Date. Seller shall provide Buyer with a copy of the notice from the CAISO certifying the Facility as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Following certification and whenever applicable, Seller and Buyer shall comply with PIRP, and all additional protocols issued by the CAISO relating to Participating Intermittent Resources during the Delivery Term. All the provisions relating to Scheduling of the Facility and other matters covered by PIRP shall be interpreted and applied as may be reasonably necessary to comply with PIRP.
(c) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to the Scheduling Coordinator based on the most current forecast of Facility Energy and Replacement Product:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such FacilityYear, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy Product from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement EnergyProduct, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy Product for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement EnergyProduct, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy Product during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy Product for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 10:00 a.m. Pacific Prevailing Time, provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-then- current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized RepresentativesScheduling Coordinator, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy Product via email. The pre-pre- scheduled amounts of Facility Energy and Replacement Energy Product shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy Product at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representativesthe Scheduling Coordinator.
(viid) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative the Scheduling Coordinator via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative the Scheduling Coordinator of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.3(d) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(ce) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to Buyer the following data on a real-time basis, and in a format that reasonably allows Buyer to copy, paste or otherwise use such data:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol EIRP requirements;
(ii) Read-only access via secure login credentials to Energy output information collected by the SCADA system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information and meteorological measurements through such other format as may be mutually acceptable to Buyer Seller and Buyer, all as may be updated from time to time based on advancements in four (4)-second intervals technology in the form of a flat file to Buyer through a secure file transport protocol (FTP) system accordance with an e-mail back-up for each flat file submittalPrudent Utility Practices; and
(iii) Read-only access to all Electric Metering Devices.
(df) Buyer is authorized to prepare Seller will provide the Scheduling Coordinator and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler operators with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy Product for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Schedulervia secure login credentials, or via email in the form of an excel spreadsheet (or any combination thereof, so long as the Scheduling Coordinator or real time operator is able to readily access and utilize such forecasts), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer the Scheduling Coordinator to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer the Scheduling Coordinator to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time in accordance with Prudent Utility Practices.
(g) Seller and the Scheduling Coordinator shall mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.3, in order to administer the provisions of this Agreement in compliance with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. Seller and the Scheduling Coordinator shall promptly cooperate to make any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures as may be required from time to time.
Appears in 1 contract
Sources: Power Sales Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Buyer’s designee to act Except upon the occurrence of a Curtailment Period under Section 7.4, Seller, as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of DeliveryCoordinator, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff Tariff, NERC and WECC operating policies and criteria, and any other applicable guidelines, and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer7.3. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to Buyer based on the most current forecast of Facility Energy, Replacement Energy and Seller Curtailments, all in accordance with the requirements of the CAISO Tariff:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such FacilityYear, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s Seller Curtailments and average-day deliveries of Facility Energy and Replacement Energy from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s Seller Curtailments and average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s Seller Curtailments and average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s Seller Curtailments and average deliveries of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days.. EXHIBIT A-48
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of Seller Curtailments and deliveries of Facility Energy and Replacement Energy for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 9:00 a.m. Pacific Prevailing Time, provide to Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy or Seller Curtailments from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such forecast of Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representatives.
(vii) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(c) Throughout the Delivery Term of each Facility, Seller shall provide to Buyer the following data on a real-time basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access to Energy output information collected by the SCADA system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.p.
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Buyer▇▇▇▇▇’s designee to act as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer▇▇▇▇▇’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such Facility, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy from such Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy for each hour of the immediately succeeding day. A forecast provided a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer ▇▇▇▇▇ and Buyer▇▇▇▇▇’s Authorized Representatives with a copy of any and all updates to such forecast of Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer▇▇▇▇▇’s Authorized Representatives.
(vii) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer▇▇▇▇▇’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(c) Throughout the Delivery Term of each Facility, Seller shall provide to Buyer the following data on a real-time basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access to Energy output information collected by the SCADA system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer▇▇▇▇▇, Seller shall provide Energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer▇▇▇▇▇’s Authorized Representative, Buyer▇▇▇▇▇’s real time operators, and Buyer▇▇▇▇▇’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer▇▇▇▇▇’s Authorized Representative, Buyer▇▇▇▇▇’s real time operators, and Buyer▇▇▇▇▇’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.
Appears in 1 contract
Sources: Power Sales Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Except upon the occurrence of a curtailment under Section 7.4, Buyer’s designee to act , as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of DeliveryCoordinator, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Delivered Energy and Replacement Energy in a reasonable and prudent manner in accordance with the Scheduling Procedures, Operating Restrictions, the CAISO Tariff Tariff, NERC and the Scheduling WECC operating policies and forecasting procedures provided in or developed under this Section 7.2criteria, and any other applicable guidelines, based on either the then-most-current forecast of energy provided under the CAISO Intermittent Variable Energy Resource Protocol.
(b) Seller shall submit non-binding forecastsForecast, and any updates to such forecasts, to Buyer or BuyerSeller’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyerdaily forecasts under Section 7.3(c). Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Delivered Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller will take all actions, at its sole cost and expense, required to comply with the Eligible Intermittent Resources Protocol and the New Resource Implementation Process. Whenever applicable, Seller shall comply with EIRP and NRIP and all additional tariffs and protocols issued by the CAISO relating to eligible intermittent resources, non-generator resources, or storage facilities during the Delivery Term.
(c) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to the Scheduling Coordinator and Buyer based on the most current forecast of PV Delivered Energy and Replacement Product:
(i) At least one-one hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such FacilityYear, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-average day deliveries of Facility Delivered Energy and Replacement Energy Product from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Delivered Energy and Replacement EnergyProduct, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility PV Delivered Energy and Replacement Energy Product for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Delivered Energy and Replacement EnergyProduct, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility PV Delivered Energy and Replacement Energy Product during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility PV Delivered Energy and Replacement Energy Product for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 10:00 a.m. Pacific Prevailing Time, provide to the Scheduling Coordinator and Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility PV Delivered Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or acceptable to Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility PV Delivered Energy and Replacement Energy Product via email. The pre-scheduled amounts of Facility PV Delivered Energy and Replacement Energy Product shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility PV Delivered Energy and Replacement Energy Product at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule pre-schedule plan submitted by Buyer to Buyer and Buyer’s Authorized RepresentativesSeller in accordance with the Scheduling Procedures.
(viid) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify the Scheduling Coordinator and Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-one hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify the Scheduling Coordinator and Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.3(d) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(ce) Throughout the Delivery Term of each Facility, Seller shall provide to Buyer develop, install and maintain all communications systems necessary for the following data on a real-time basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other operation of the Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
Prudent Utility Practices, including communications systems that provide for (iiw) Readthe receipt and following of automated dispatch instructions from the CAISO, (x) enabling of automated generation control capability for Ancillary Services, (y) an online-only access based user interface for Buyer to Energy output information collected by monitor the SCADA system for ▇▇▇▇ status in real time, including the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information ▇▇▇▇’ state of charge and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour other relevant operating parameters of the succeeding twenty four (24)-hour period▇▇▇▇, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.and
Appears in 1 contract
Sources: Power Sales Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives Representatives, in order to comply with all applicable Requirements and requirements requirements, including those of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Buyer’s designee to act as Seller’s Scheduling Coordinator for the Facility to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, Delivery and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, charges and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Subject to Section 7.6, Buyer shall shall, based on the then-most-current forecast of energy, Schedule all Energy from the Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff and the Tariff, Buyer’s Scheduling and forecasting procedures as provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocoland any other applicable requirements.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Delivered Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Delivered Energy to the Point of Delivery and respond to CAISO, Transmission Provider, Provider or reliability coordinator’s dispatch orders.
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) at the beginning of each Contract Year for such FacilityYear, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Monthmonth’s average-day deliveries of Facility Energy and Replacement Energy from such FacilityDelivered Energy, by hour, for the following eighteen (18) Months.eighteen
(ii) No During the Delivery Term, no later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Termmonth thereafter, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Delivered Energy, by hour, for the following month.
(iii) During the Delivery Term, no later than ten (10) Business Days before the beginning of each month thereafter, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Delivered Energy, by hour, for the following month.
(iv) During the Delivery Term, on the first Business Day of each calendar week, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Delivered Energy, by hour, for the following fourteen (14) days.
(v) By During the Delivery Term, by 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery TermDelivered Energy, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Delivered Energy for each hour of the immediately succeeding day. A forecast provided a day prior to any non-non- Business Day shall include forecasts for the immediate day, each succeeding non-non- Business Day and the next Business Day. Seller shall provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Delivered Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Delivered Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Delivered Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Delivered Energy at the time. A forecast provided a day prior to any non-Business Day Day(s) shall include forecasts for the next immediate day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such forecast of Facility’s availability indicating a change in forecasted Delivered Energy from the then-current forecast. Except for Forced Outages, Seller shall use commercially reasonable efforts to operate the Facility with the objective that, for each hour scheduled, the actual Facility availability Energy shall be maintained delivered in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized RepresentativesRepresentatives for use by Buyer and Buyer’s Authorized Representatives to Schedule the Facility Energy for delivery at or from the Point of Delivery, and, subject to Section 7.3, Seller shall be responsible for any CAISO imbalance charges for imbalances between the Facility’s Energy scheduled/forecasted and Delivered Energy at the Point of Delivery, except where such charges result from Buyer’s or its designee’s failure properly to carry out its responsibilities hereunder as Facility Scheduling Coordinator.
(vii) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.hundred
(c) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to Buyer the following data on a real-time basis:basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility facility availability information required in accordance with CAISO Intermittent Resource Protocol requirementsinformation;
(ii) Read-only access to Energy output information collected by the SCADA supervisory control and data acquisition (“SCADA”) system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Facility Energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer Seller is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Delivered Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.
Appears in 1 contract
Sources: Power Sales Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Buyer’s designee to act as Seller’s Except upon the occurrence of a curtailment under Section 7.4, Buyers shall cause the Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISOTariff, NERC and WECC operating policies, policies and criteria, and any other applicable guidelines, and shall be subject to approval by Buyerthe Scheduling procedures provided in or developed under this Section 7.3. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller shall provide, or shall cause its designee to provide, to Buyers and the Scheduling Coordinator the following non-binding forecasts, any updates to such forecasts, and any other forecasts or updates required by WECC, based on the most current forecast of Facility Energy:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such the Facility, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-non- binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten fourteen (1014) Business Days days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 9:00 a.m. Pacific Prevailing Time, provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized RepresentativesScheduling Coordinator, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representativesthe Scheduling Coordinator.
(viic) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative the Scheduling Coordinator via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative the Scheduling Coordinator of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.3(c) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer the Scheduling Coordinator that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(cd) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to each Buyer and Participating Member the following data on a real-time basis, and in a format that reasonably allows such Buyer and Participating Member, as applicable, to copy, paste or otherwise use such data:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access via secure login credentials to Energy output information collected by the SCADA system for the Facility; provided that if any Buyer is unable to access the Facility’s SCADA system, then upon written request from such Buyer, Seller shall provide Energy output information and meteorological measurements through such other format as may be mutually acceptable to Buyer Seller and such Buyer, all as may be updated from time to time based on advancements in four (4)-second intervals technology in the form of a flat file to Buyer through a secure file transport protocol (FTP) system accordance with an e-mail back-up for each flat file submittalPrudent Utility Practices; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Except upon the occurrence of a curtailment under Section 7.4, Buyer’s designee to act , as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of DeliveryCoordinator, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy (including all Energy sold by Seller in a reasonable and prudent manner mitigation of damages hereunder) in accordance with the CAISO Tariff Tariff, NERC and WECC operating policies and criteria, and any other applicable guidelines, and the Scheduling and forecasting procedures provided in or developed under this Section 7.27.3, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by BuyerEIRP Forecast. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller and Buyer, as Scheduling Coordinator, will take all actions, at Seller’s sole cost and expense, required to cause the Facility to be a certified Participating Intermittent Resource and to cause the Facility to become and remain a participant in PIRP, as soon as reasonably possible, consistent with the CAISO Tariff, following the Commercial Operation Date. Prior to the effective date of the PIRP certification, (x) Buyer, as Scheduling Coordinator, shall submit bids to CAISO consistent with the most recently available valid forecast provided by Seller to Buyer under Section 7.3(c), and (y) provided that Buyer has complied with subsection 7.3(b)(x), Seller will reimburse Buyer for fifty percent of all imbalance costs, expenses and charges related to the Facility up to $4,800 per month (i.e. Seller’s total obligation to Buyer under this subsection 7.3(b)(y) is up to $2,400 per month) until the earlier of (I) the Facility is a certified Participating Intermittent Resource, and (II) ninety (90) days after the Commercial Operation Date. Seller shall provide Buyer and the Scheduling Coordinator with a copy of the notice from the CAISO certifying the Facility as a Participating Intermittent Resource as soon as practicable after Seller’s receipt of such notice of certification. Following certification and whenever applicable, Seller and Buyer shall comply with PIRP, and all additional protocols issued by the CAISO relating to Participating Intermittent Resources during the Delivery Term. All the provisions relating to Scheduling of the Facility and other matters covered by PIRP shall be interpreted and applied as may be reasonably necessary to comply with PIRP.
(c) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to Buyer and the Scheduling Coordinator based on the most current forecast of Facility Energy and Replacement Product:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such FacilityYear, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy Product from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement EnergyProduct, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy Product for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement EnergyProduct, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy Product during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy Product for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 10:00 a.m. Pacific Prevailing Time, provide to Buyer or Buyer’s Authorized Representative with and the Scheduling Coordinator a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized RepresentativesScheduling Coordinator, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy Product via email. The pre-pre- scheduled amounts of Facility Energy and Replacement Energy Product shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy Product at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide to Buyer and Buyer’s Authorized Representatives with the Scheduling Coordinator a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representativesthe Scheduling Coordinator.
(viid) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative and the Scheduling Coordinator via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative and the Scheduling Coordinator of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.3(d) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer and the Scheduling Coordinator that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(ce) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to Buyer and the Scheduling Coordinator the following data on a real-time basis, and in a format that reasonably allows Buyer and the Scheduling Coordinator to copy, paste or otherwise use such data:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol EIRP requirements;
(ii) Read-only access via secure login credentials to Energy output information collected by the SCADA system for the Facility; provided that if Buyer or the Scheduling Coordinator is unable to access the Facility’s SCADA system, then upon written request from BuyerBuyer or the Scheduling Coordinator, Seller shall provide Energy output information and meteorological measurements through such other format as may be mutually acceptable to Buyer Seller and Buyer, all as may be updated from time to time based on advancements in four (4)-second intervals technology in the form of a flat file to Buyer through a secure file transport protocol (FTP) system accordance with an e-mail back-up for each flat file submittalPrudent Utility Practices; and
(iii) Read-only access to all Electric Metering Devices.
(df) Buyer is authorized to prepare Seller will provide the Scheduling Coordinator and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler operators with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy Product for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Schedulervia secure login credentials, or via email in the form of an excel spreadsheet (or any combination thereof, so long as the Scheduling Coordinator or real time operator is able to readily access and utilize such forecasts), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer and the Scheduling Coordinator to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer and the Scheduling Coordinator to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time in accordance with Prudent Utility Practices.
(g) Seller and Buyer and the Scheduling Coordinator shall mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.3, in order to administer the provisions of this Agreement in compliance with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. Seller and Buyer and the Scheduling Coordinator shall promptly cooperate to make any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures as may be required from time to time.
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of the Buyer and Seller mayshall, as soon as reasonably practicable following the Effective Date, mutually develop forecasting and Scheduling procedures in addition which may be modified, from time to those set forth in this Section 7.2time, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements requirements, including those of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Buyer’s designee to act , as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of DeliveryScheduler, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary Scheduling the forecast of Delivered Energy to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner Delivery during the Agreement Term in accordance with the CAISO Tariff and the Buyer’s Scheduling and forecasting procedures provided in or developed under this Section 7.2procedures, based on the then-most-most- current forecast of energy provided under energy, as written in the CAISO Intermittent Resource Protocol.
(b) Scheduling and forecasting procedures attached as Appendix K, which may be updated with reasonable changes from time to time by Buyer or Buyer’s Agent upon reasonable prior notice to Seller. Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative Agent based on the most current forecast of Facility Energy and Replacement Delivered Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer. Seller, at its own cost, Seller shall also install meteringfulfill the contractual, telemetry metering and control equipment interconnection requirements in Seller’s contracts with the CAISO and the Transmission Provider so as to be able to provide Facility deliver Delivered Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch ordersDelivery.
(ib) Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility and shall have the full right and obligation to Schedule all Energy from the Facility in a reasonable and prudent manner in accordance with all CAISO and other applicable requirements. In consideration thereof, Seller agrees to provide SCPPA a ▇▇▇▇ credit equal to one dollar thirty cents ($1.30) per MWh for each MWh of Delivered Energy, with such credit escalating at one and one-half percent (1.5%) on the first day of the second Contract Year and each subsequent Contract Year. Buyer or its qualified agent shall act as Scheduling Coordinator for Buyer, and shall be responsible for and pay all fees, charges and other costs necessary to Schedule the receipt of Facility Energy at and from the Point of Delivery.
(c) At least oneforty-hundred twenty five (12045) days before the anticipated Initial Synchronization date, and no later than forty-five (a45) the scheduled Commercial Operation Date and (b) days before the beginning of each Contract Year calendar year during the Delivery Term, Seller or Seller’s designee shall provide Buyer, or cause to be provided, a non- binding forecast of each month’s average-day deliveries of Delivered Energy, by hour, for such Facilitythe following eighteen (18) months.
(d) At least ten (10) days before the anticipated Initial Synchronization date and no later than ten (10) Business Days before the beginning of each month thereafter, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy from such Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Delivered Energy, by hour, for the following fourteen (14) daysmonth.
(ve) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Delivered Energy and Replacement Energy during the Delivery Termfollowing Initial Synchronization, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative Agent with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Delivered Energy for each hour of the immediately succeeding day. A forecast provided a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall provide Buyer or Buyer’s Authorized Representative Agent with a copy of any updates to such forecast indicating a change in forecasted Facility Delivered Energy from the then-then current forecast.
(vif) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized RepresentativesAgents, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives Agents a non-binding preschedule forecast of Facility Energy and Replacement Energy generation via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery output of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day Day(s) shall include forecasts for the next immediate day, each succeeding non-non- Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives Agents with a copy of any and all updates to such forecast of Facility’s availability indicating a change in forecasted Energy from the then-then current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability Energy shall be maintained produced in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized RepresentativesAgents for use by Buyer and Buyer’s Agents to Schedule the Facility Energy for delivery at or from Point of Delivery, and Seller shall be responsible for any CAISO imbalance charges for imbalances between the Facility’s scheduled/forecasted and delivered energy at the Point of Delivery, except where such charges result from Buyer’s or its designee’s failure properly to carry out its responsibilities hereunder as Facility Scheduling Coordinator.
(viig) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative Agent via email, telephone, or other mutually acceptable method, telephone of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative of other Other unanticipated changes in availability shall also be notified by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordinglypossible.
(ch) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to Buyer the following data on a real-time basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility facility availability information required in accordance with CAISO Intermittent Resource Protocol requirementsinformation;
(ii) Read-only access to Energy energy output information collected by the SCADA supervisory control and data acquisition (“SCADA”) system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and
(iii) Read-only access to all Electric Metering Devices.
(di) Buyer is authorized to prepare and provide Buyer’s Authorized RepresentativeAgent, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Delivered Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized RepresentativeAgent, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon the following protocols: (1) Distributed Network Protocol (“DNP”) 3.0 TCP/IP for primary communications protocols as they are implemented or upgraded from time to timebetween Buyer and any of Buyer’s Members receiving Facility Energy, (2) DNP 3.0 Serial for backup communication between Buyer and any of Buyer’s Members receiving Facility Energy, and (3) DNP 3.0 for communication between the DCS and IEDs (SEL Relays, ION Meters, Areva Relays, etc.)
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Except upon the occurrence of a curtailment under Section 7.4, Seller hereby designates Buyer or Buyer’s designee to act as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy Product in a reasonable and prudent manner in accordance with the CAISO Tariff Tariff, NERC and WECC operating policies and criteria, and any other applicable guidelines, and the Scheduling and forecasting procedures provided in or developed under this Section 7.27.3, based on provided that the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) foregoing shall not restrict Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of from Scheduling Facility Energy and Replacement Energy. All Scheduling shall be performed Product during periods in which the Locational Marginal Price at the Point of Delivery is zero or negative in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyerthis Agreement. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to each Scheduler based on the most current forecast of Facility Energy and Replacement Product:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Delivery Commencement Date and (b) the beginning of each Contract Year for such the Facility, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy Product from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement EnergyProduct, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy Product for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement EnergyProduct, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy Product during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy Product for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 10:00 a.m. Pacific Prevailing Time, provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representativeseach Scheduler, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy Product via email. The pre-scheduled amounts of Facility Energy and Replacement Energy Product shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy Product at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representativeseach Scheduler.
(viic) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative each Scheduler via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative each Scheduler of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.3(c) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer each Scheduler that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(cd) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to Buyer and Buyer’s Member] (including Buyer’s Member’s scheduling personnel or Scheduling Coordinator) the following data on a real-time basis, and in a format that reasonably allows such Buyer and Buyer’s Member, as applicable, to upload, copy, paste or otherwise transfer and use such data:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access via secure login credentials to Energy output information collected by the SCADA system for the Facility; provided that if any Buyer is unable to access the Facility’s SCADA system, then upon written request from such Buyer, Seller shall provide Energy output information through such other format as may be mutually acceptable to Seller and meteorological measurements such Buyer, all as may be updated from time to Buyer time based on advancements in four (4)-second intervals technology in the form of a flat file to Buyer through a secure file transport protocol (FTP) system accordance with an e-mail back-up for each flat file submittalPrudent Utility Practices; and
(iiiii) Read-only access to all Electric Metering Devices.
(de) Buyer is authorized to prepare Seller will provide each Scheduler and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler operators with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy Product for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Schedulervia secure login credentials, or via email in the form of an excel spreadsheet (or any combination thereof, so long as such Scheduler or real time operator is able to readily access and utilize such forecasts), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer each Scheduler to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer each Scheduler to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time in accordance with Prudent Utility Practices.
(f) Seller and each Scheduler shall mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.3, in order to administer the provisions of this Agreement in compliance with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement, provided that such procedures shall not subject Seller to any additional risks, costs, charges or liabilities. Seller and each Scheduler shall promptly cooperate to make any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures as may be required from time to time.
Appears in 1 contract
Sources: Power Sales Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Except upon the occurrence of a Curtailment Period under Section 7.4, Buyer or Buyer’s designee to act designated agent, as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of DeliveryCoordinator, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff Tariff, NERC and WECC operating policies and criteria, and any other applicable guidelines, and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyer7.3. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders. Seller will take all actions, at its sole costs and expense, required for the Facility to comply with the Eligible Intermittent Resources Protocol and the CAISO’s new resource implementation process, as applicable, and all additional applicable tariffs and protocols issued after the Effective Date by the CAISO applicable for Facility forecasting and scheduling of energy relating to eligible intermittent resources and the CAISO’s new resource implementation process during the Delivery Term subject to, to the extent applicable, a change in electric market design in Section 14.4(b).
(b) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to Buyer based on the most current forecast of Facility Energy and Replacement Energy, all in accordance with the requirements of the CAISO Tariff:
(i) At least one-hundred twenty (120) days before (a) the scheduled anticipated Commercial Operation Date and (b) the beginning of each Contract Year for such Facility(other than the first Contract Year), Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy from such FacilityEnergy, for the shorter of (i) following eighteen (18) Months, and (ii) the remaining Delivery Term.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of Seller deliveries of Facility Energy and Replacement Energy for each hour of the immediately succeeding dayday (“Day-Ahead Forecast”). A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 9:00 a.m. Pacific Prevailing Time, provide to Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy or Replacement Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of During the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such forecast of Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representatives.
(vii) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadlineTerm, Seller shall notify Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change from the Day-Ahead Forecast in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(c) Throughout the Delivery Term of each Facility, Seller shall provide to Buyer the following data on a real-time basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
Available Generating Capacity of one (ii1) Read-only access to Energy output information collected by the SCADA system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; MW or more and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Seller hereby designates Buyer or Buyer’s designee to act as Seller’s Except upon the occurrence of a curtailment under Section 7.4, Buyers shall cause the Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy in a reasonable and prudent manner in accordance with the CAISO Tariff and the Scheduling and forecasting procedures provided in or developed under this Section 7.2, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of Facility Energy and Replacement Energy. All Scheduling shall be performed in accordance with the applicable CAISOTariff, NERC and WECC operating policies, policies and criteria, and any other applicable guidelines, and shall be subject to approval by Buyerthe Scheduling procedures provided in or developed under this Section 7.3. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders. If, during any hour, the amount of Energy Scheduled on behalf of Seller for delivery into the CAISO at the Point of Delivery is greater than the amount of Facility Energy that is actually delivered to the Point of Delivery during such hour, then Buyers shall pay Seller any amounts (or collect any amounts paid due to negative pricing) that Buyers receive from or pays to the CAISO for any Energy delivered to the Point of Delivery that is not Facility Energy.
(b) Seller shall provide, or shall cause its designee to provide, to Buyers and the Scheduling Coordinator the following non-binding forecasts, any updates to such forecasts, and any other forecasts or updates required by WECC, based on the most current forecast of Facility Energy:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such the Facility, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-non- binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy from such the Facility, for the following eighteen (18) Months.
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy, for each such Month.
(iii) No later than ten fourteen (1014) Business Days days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement Energy, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 9:00 a.m. Pacific Prevailing Time, provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized RepresentativesScheduling Coordinator, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such the forecast of the Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representativesthe Scheduling Coordinator.
(viic) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative the Scheduling Coordinator via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative the Scheduling Coordinator of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISOpossible. Any notice delivered under this Section 7.2(b)(vii7.3(c) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer the Scheduling Coordinator that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(cd) Throughout the Delivery Term of each FacilityTerm, Seller shall provide to each Buyer and Participating Member the following data on a real-time basis, and in a format that reasonably allows such Buyer and Participating Member, as applicable, to copy, paste or otherwise use such data:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access via secure login credentials to Energy output information collected by the SCADA system for the Facility; provided that if any Buyer is unable to access the Facility’s SCADA system, then upon written request from such Buyer, Seller shall provide Energy output information and meteorological measurements through such other format as may be mutually acceptable to Buyer Seller and such Buyer, all as may be updated from time to time based on advancements in four (4)-second intervals technology in the form of a flat file to Buyer through a secure file transport protocol (FTP) system accordance with an e-mail back-up for each flat file submittalPrudent Utility Practices; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.
Appears in 1 contract
Sources: Power Purchase Agreement
Forecasting and Scheduling of Energy. The Authorized Representatives of Buyer and Seller may, following the Effective Date, mutually develop forecasting and Scheduling procedures in addition to those set forth in this Section 7.2, by written agreement of both Authorized Representatives in order to comply with all applicable Requirements and requirements of the Transmission Provider, CAISO, NERC, WECC, and any balancing authority involved in the Scheduling of Energy under this Agreement. The Authorized Representatives shall promptly cooperate with respect to any reasonably necessary and appropriate modifications to such forecasting or Scheduling procedures.
(a) Except upon the occurrence of a curtailment under Section 7.4, Seller hereby designates Buyer or Buyer’s designee to act as Seller’s Scheduling Coordinator to effect the Scheduling of Facility Energy and Replacement Energy to and at the Point of Delivery, and Buyer (for itself or its designee) hereby accepts the position of Scheduling Coordinator for the Facility. In such capacity, Buyer shall be responsible for and pay all fees, charges, and other costs necessary to Schedule the receipt of Facility Energy and Replacement Energy from the Point of Delivery. Buyer shall Schedule all Facility Energy and Replacement Energy Product in a reasonable and prudent manner in accordance with the CAISO Tariff Tariff, NERC and WECC operating policies and criteria, and any other applicable guidelines, and the Scheduling and forecasting procedures provided in or developed under this Section 7.27.3, based on the then-most-current forecast of energy provided under the CAISO Intermittent Resource Protocol.
(b) EIRP Forecast, provided that the foregoing shall not restrict Seller shall submit non-binding forecasts, and any updates to such forecasts, to Buyer or Buyer’s Authorized Representative based on the most current forecast of from Scheduling Facility Energy and Replacement Energy. All Scheduling shall be performed Product during periods in which the Locational Marginal Price at the Point of Delivery is zero or negative in accordance with the applicable CAISO, NERC and WECC operating policies, criteria, and any other applicable guidelines, and shall be subject to approval by Buyerthis Agreement. Seller, at its own cost, shall also install metering, telemetry and control equipment so as to be able to provide Facility Energy to the Point of Delivery and respond to CAISO, Transmission Provider, or reliability coordinator’s dispatch orders.
(b) Seller shall provide, or shall cause its designee to provide, the following non-binding forecasts, and any updates to such forecasts, to each Scheduler based on the most current forecast of Facility Energy and Replacement Product:
(i) At least one-hundred twenty (120) days before (a) the scheduled Commercial Operation Date and (b) the beginning of each Contract Year for such the Facility, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each Month’s average-day deliveries of Facility Energy and Replacement Energy Product from such the Facility, for the following eighteen (18) Months.. - 43 - #4823-2509-6471v19
(ii) No later than sixty (60) days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement EnergyProduct, for each such Month.
(iii) No later than ten (10) Business Days before the beginning of each Month during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be EXHIBIT C provided, to Buyer a non-binding forecast of each day’s average hourly deliveries of Facility Energy and Replacement Energy Product for the following Month.
(iv) On the first Business Day of each calendar week during the Delivery Term, Seller or Seller’s designee shall provide, or cause to be provided, to Buyer a non-binding forecast of each day’s average deliveries of Facility Energy and Replacement EnergyProduct, by hour, for the following fourteen (14) days.
(v) By 5:30 a.m. Pacific Prevailing Time on the Business Day immediately preceding each day of delivery of Facility Energy and Replacement Energy Product during the Delivery Term, Seller or Seller’s designee shall provide Buyer or Buyer’s Authorized Representative with a copy of a non-binding hourly forecast of deliveries of Facility Energy and Replacement Energy Product for each hour of the immediately succeeding day. A Any forecast provided on a day prior to any non-Business Day shall include forecasts for the immediate day, each succeeding non-Business Day and the next Business Day. Seller shall shall, by 10:00 a.m. Pacific Prevailing Time, provide Buyer or Buyer’s Authorized Representative with a copy of any updates to such forecast indicating a change in forecasted Facility Energy from the then-then- current forecast.
(vi) Prior to 12:00 p.m. Pacific Prevailing Time of the Business Day immediately preceding each WECC Prescheduling Day (as defined by WECC) for each hour of the Delivery Day (as defined by WECC) in MW or MWh units (as applicable), in the format reasonably designated by the Buyer or Buyer’s Authorized Representatives, Seller shall provide or cause to be provided to Buyer and Buyer’s Authorized Representatives a non-binding preschedule forecast of Facility Energy and Replacement Energy via email. The pre-scheduled amounts of Facility Energy and Replacement Energy shall be the good faith estimate of Seller or Seller’s designee of the anticipated delivery of Facility Energy and Replacement Energy at the time. A forecast provided a day prior to any non-Business Day shall include forecasts for the next day, each succeeding non-Business Day and the next Business Day. Seller or Seller’s designee shall provide Buyer and Buyer’s Authorized Representatives with a copy of any and all updates to such forecast of Facility’s availability from the then-current forecast. Except for Forced Outages, Seller shall operate the Facility with the objective that, for each hour scheduled, the actual Facility availability shall be maintained in accordance with the preschedule plan submitted to Buyer and Buyer’s Authorized Representatives.
(vii) In order to allow Buyer to make Schedule changes in conformity with the CAISO Scheduling deadline, Seller shall notify Buyer or Buyer’s Authorized Representative via email, telephone, or other mutually acceptable method, of any hourly changes due to a change in Facility availability or an outage no later than one-hundred five (105) minutes prior to the start of such Scheduling hour, or such other limit as specified in the CAISO Tariff. Seller shall notify Buyer or Buyer’s Authorized Representative of other unanticipated changes in availability by email or telephone as promptly as reasonably possible so that an outage report can be completed with the CAISO. Any notice delivered under this Section 7.2(b)(vii) shall include the reason for the outage and an estimated duration of the outage. Once the outage has ended, Seller shall notify Buyer that the outage has ended, the cause of the outage, and the actions EXHIBIT C taken to resolve the outage in order for the CAISO outage report to be updated accordingly.
(c) Throughout the Delivery Term of each Facility, Seller shall provide to Buyer the following data on a real-time basis:
(i) Read-only access to meteorological and related solar measurements, megawatt capacity and any other Facility availability information required in accordance with CAISO Intermittent Resource Protocol requirements;
(ii) Read-only access to Energy output information collected by the SCADA system for the Facility; provided that if Buyer is unable to access the Facility’s SCADA system, then upon written request from Buyer, Seller shall provide Energy output information and meteorological measurements to Buyer in four (4)-second intervals in the form of a flat file to Buyer through a secure file transport protocol (FTP) system with an e-mail back-up for each flat file submittal; and
(iii) Read-only access to all Electric Metering Devices.
(d) Buyer is authorized to prepare and provide Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler with continuously updated non-binding hourly forecasts of deliveries of Facility Energy and Replacement Energy for each hour of the succeeding twenty four (24)-hour period, in either electronic format, via an internet website accessible to Buyer, Buyer’s Authorized Representative, Buyer’s real time operators, and Buyer’s Scheduler, or via email in the form of an excel spreadsheet (or any combination thereof), transmitted on an hourly basis. Seller shall reasonably cooperate with Buyer to attempt to optimize the estimates for such time period two (2) hours prior to such forecasts. Seller shall reasonably cooperate with Buyer to enable such forecasts to be prepared in accordance with mutually agreed upon communications protocols as they are implemented or upgraded from time to time.p.
Appears in 1 contract
Sources: Power Sales Agreement