Interconnected Operations. (a) The Interconnection Customer shall cause the Small Generating Facility to participate in any Special Protection Systems (SPS) that may be required to prevent thermal overloads and unstable conditions resulting from outages. Development of and participation in shall be in accordance with applicable FERC regulations, and ISO Tariff provisions and protocols and pursuant to Good Utility Practice. If and when such need arises, the Interconnection Customer will be notified by the Distribution Provider and implementation will be coordinated with the Interconnection Customer. The Interconnection Customer shall not be entitled to any compensation from the Distribution Provider, pursuant to the Agreement, for loss of generation output when (i) the Small Generating Facility generation is reduced or tripped off-line due to implementation of the SPS; or (ii) such generation output is restricted in the event the SPS becomes inoperable. (b) Following outages of the Interconnection Facilities or the Small Generating Facility, the Interconnection Customer shall not energize the Small Generating Facility for any reason without specific permission from the Distribution Provider’s operations personnel. Such permission shall not be unreasonably withheld. (c) Neither Party’s facilities shall cause excessive voltage flicker nor introduce excessive distortion to the sinusoidal voltage or current waves as defined by ANSI Standard C84.1- 1989, in accordance with IEEE Standard 519, or any applicable superseding electric industry standard or any alternative Applicable Reliability Standard or applicable reliability council standard. In the event of a conflict among ANSI Standard C84.1- 1989, or any applicable superseding electric industry standard, or any alternative Applicable Reliability Standard or applicable reliability council standard, the alternative Applicable Reliability Standard or applicable reliability council standard shall control. (d) Interconnection Customer shall comply with all Applicable Reliability Standards for the Interconnection Customer’s Interconnection Facilities and Small Generating Facility. Distribution Provider will not assume any responsibility for complying with mandatory reliability standards for such facilities and offers no opinion whether Interconnection Customer must register with NERC pursuant to Section 215 of the Federal Power Act. Such determination is the responsibility of Interconnection Customer. If required to register with NERC, Interconnection Customer shall be responsible for complying with all Applicable Reliability Standards for the Interconnection Customer’s Interconnection Facilities up to the Point of Change of Ownership. (e) Each Party shall, at its own expense, maintain in force throughout the period of this Agreement, and until released by the other Party, the following minimum insurance coverages, with insurers rated no less than A- (with a minimum size rating of VII) by Bests’ Insurance Guide and Key Ratings and authorized to do business in the state where the Point of Interconnection is located: (i) Employer's Liability and Workers' Compensation Insurance providing statutory benefits in accordance with the laws and regulations of the state in which the Point of Interconnection is located. Either party may meet the requirement for workers compensation insurance through self insurance if it is authorized to self insure by the applicable state. (ii) Commercial General Liability Insurance including premises and operations, personal injury, broad form property damage, broad form blanket contractual liability coverage (including coverage for the contractual indemnification) products and completed operations coverage, coverage for explosion, collapse and underground hazards, independent contractors coverage, coverage for pollution to the extent normally available and punitive damages to the extent normally available and a cross liability endorsement, with minimum limits of One Million Dollars ($1,000,000) per occurrence/One Million Dollars ($1,000,000) aggregate combined single limit for personal injury, bodily injury, including death and property damage. (iii) Business Automobile Liability Insurance for coverage of owned and non-owned and hired vehicles, trailers or semi-trailers designed for travel on public roads, with a minimum, combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, including death, and property damage. (iv) For this 20 MW project, excess Public Liability Insurance over and above the Employer's Liability Commercial General Liability and Business Automobile Liability Insurance coverage, with a minimum combined single limit of Twenty Million Dollars ($20,000,000) per occurrence/Twenty Million Dollars ($20,000,000) aggregate. The requirements of section ii and iv may be met by any combination of general and excess liability insurance. . (v) The Commercial General Liability Insurance, Business Automobile Insurance and Excess Public Liability Insurance policies shall name the other Party, its parent, its subsidiaries and the respective directors, officers, agents, servants and employees ("Other Party Group") as additional insured. All policies shall contain provisions whereby the insurers waive all rights of subrogation in accordance with the provisions of this Agreement against the Other Party Group and endeavor to provide thirty (30) Calendar Days advance written notice to the Other Party Group prior to anniversary date of cancellation or any material change in coverage or condition. (vi) The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Public Liability Insurance policies shall contain provisions that specify that the policies are primary and shall apply to such extent without consideration for other policies separately carried and shall state that each insured is provided coverage as though a separate policy had been issued to each, except the insurer’s liability shall not be increased beyond the amount for which the insurer would have been liable had only one insured been covered. Each Party shall be responsible for its respective deductibles or retentions. (vii) The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Public Liability Insurance policies, if written on a Claims First Made Basis, shall be maintained in full force and effect for two (2) years after termination of this Agreement, which coverage may be in the form of tail coverage or extended reporting period coverage if agreed by the Parties. (viii) The requirements contained herein as to the types and limits of all insurance to be maintained by the Parties are not intended to and shall not in any manner, limit or qualify the liabilities and obligations assumed by the Parties under this Agreement. (ix) No later than thirty (30) Calendar Days after the Effective Date of this Agreement, and as soon as practicable after the end of each fiscal year or at the renewal of the insurance policy and in any event within ninety (90) Calendar Days thereafter, each Party shall provide certification of all insurance required in this Agreement, executed by each insurer or by an authorized representative of each insurer. (x) Notwithstanding the foregoing, each Party may self-insure to meet the minimum insurance requirements of Article 8 of this Agreement and this Attachment 5 Section 2(e) to the extent it maintains a self-insurance program; provided that, Interconnection Customer’s senior unsecured debt or issuer rating is BBB-, or better, as rated by Standard & Poor’s and that its self-insurance program meets the minimum insurance requirements of Article 8 of this Agreement and this Attachment 5 Section 2(e). For any period of time that Interconnection Customer’s senior unsecured debt rating and issuer rating are both unrated by Standard & Poor’s or are both rated at less than BBB- by Standard & Poor’s, each Party shall comply with the insurance requirements applicable to it under Article 8 of this Agreement and this Attachment 5 Section 2(e).In the event that a Party is permitted to self-insure, it shall notify the other Party that it meets the requirements to self-insure and that its self-insurance program meets the minimum insurance requirements in a manner consistent with that specified in Article 8 of this Agreement and this Attachment 5 Section 2(e). The Distribution Provider shall describe Upgrades and provide an itemized best estimate of the cost, including overheads, of the Upgrades and annual operation and maintenance expenses associated with such Upgrades. The Distribution Provider shall functionalize Upgrade costs and annual expenses as either transmission or distribution related.
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Interconnected Operations. (a) The Interconnection Customer shall cause 9.1. SCE shall, at its expense, operate and maintain the Small Generating Facility to participate in any Special Protection Systems (SPS) that may be required to prevent thermal overloads and unstable conditions resulting from outages. Development of and participation in shall be ISO Controlled Facilities in accordance with the applicable FERC regulationsTransmission Control Agreement provisions, WECC and NERC reliability criteria, established SCE operating and maintenance procedures and Good Utility Practice as they may change from time to time.
9.2. SCE shall operate and maintain the SCE Interconnection Facilities in accordance with the applicable Transmission Control Agreement provisions, WECC and NERC reliability criteria, established SCE operating and maintenance procedures and Good Utility Practice as they may change from time to time, and Riverside shall pay SCE to perform such operation and maintenance of the SCE Interconnection Facilities, pursuant to Section 14.
9.3. Riverside shall, at its expense, operate and maintain the Riverside Wilderness Substation in accordance with the applicable ISO Tariff provisions and protocols protocols, TO Tariff provisions, WECC and pursuant to NERC reliability criteria, jointly established operating procedures, established Riverside operating procedures and Good Utility PracticePractice as they may change from time to time.
9.4. If Riverside shall comply with all Applicable Reliability Criteria for the Riverside Interconnection Facilities and when Riverside Wilderness Substation. SCE shall have no responsibility for complying with mandatory reliability standards for such need arisesfacilities.
9.5. SCE shall comply with all Applicable Reliability Criteria for the SCE Interconnection Facilities, Wildlife Substation and the Interconnection Customer will be notified Mira Loma-Vista 220 kV Line Loop.
9.6. Riverside shall maintain reactive flow at grid interface points within a specified power factor band of 0.97 lag to 0.99 lead, or as otherwise established by the Distribution Provider and implementation will be coordinated with the Interconnection CustomerISO. The Interconnection Customer Riverside shall not be entitled compensated for the service of maintaining the power factor at required levels within the bandwidth.
9.7. The Riverside Wilderness Substation shall be operated so as to any compensation from prevent or protect against the Distribution Provider, pursuant to the Agreement, for loss of generation output when (i) the Small Generating Facility generation is reduced or tripped offfollowing adverse conditions on SCE’s electric system: inadvertent and unwanted re-line due to implementation energizing of the SPSSCE Interconnection Facilities; interconnection while out of synchronization; overcurrent; voltage imbalance; ground faults; generated alternating current frequency outside permitted safe limits; poor power factor or (ii) reactive power outside permitted limits; and abnormal waveforms.
9.8. The SCE Interconnection Facilities shall be operated so as to prevent the following adverse conditions on Riverside’s electric system: inadvertent and unwanted re-energizing of the Riverside Interconnection Facilities, interconnection while out of synchronization; overcurrent; voltage imbalance; ground faults; generated alternating current frequency outside permitted safe limits; poor power factor or reactive power outside permitted limits; and abnormal waveforms.
9.9. The Riverside Interconnection Facilities shall normally be operated with all of the Riverside Interconnection Facilities protective relaying systems in service whenever such generation output is restricted Riverside Interconnection Facilities are connected to, or are operated in parallel with, Wildlife Substation. If such Riverside Interconnection Facilities contain redundant protective relaying, such redundant protective relaying may be disconnected from operation as long as adequate relay protection remains in-service and serves an identical purpose. Any other deviation for brief periods of emergency or maintenance shall only be by agreement of the Authorized Representatives, each Party’s designated switching center or operations center as identified in the event operating procedure or as may be directed by the SPS becomes inoperableISO.
(b) 9.10. The SCE Interconnection Facilities shall normally be operated with all of the SCE Interconnection Facilities protective relaying systems in service whenever such SCE Interconnection Facilities are connected to, or are operated in parallel with, the Riverside Wilderness Substation. If such SCE Interconnection Facilities contain redundant protective relaying, such redundant protective relaying may be disconnected from operation as long as adequate relay protection remains in-service and serves an identical purpose. Any other deviation for brief periods of emergency or maintenance shall only be by agreement of the Authorized Representatives, each Party’s designated switching center or operations center as identified in the operating procedure or as may be directed by the ISO.
9.11. Each Party shall maintain operating communications with the other Party’s designated switching or operations center. The operating communications shall include, but not be limited to, system parallel operation or separation, scheduled and unscheduled outages, equipment clearances, protective relay operations, and levels of operating voltage and reactive power.
9.12. Riverside shall not commence initial parallel operation of the Riverside Interconnection Facilities with the SCE Interconnection Facilities, and SCE shall not commence initial parallel operation of the SCE Interconnection Facilities with the Riverside Interconnection Facilities until written approval for the initial parallel operation of the Riverside Wilderness Substation with SCE’s Wildlife Substation has been given by SCE and Riverside, which approval shall not be unreasonably withheld.
9.13. Following outages of the SCE Interconnection Facilities or the Small Generating FacilityRiverside Interconnection Facilities, the neither Party shall energize their respective Interconnection Customer shall not energize the Small Generating Facility Facilities for any reason without specific permission concurrence from the Distribution Providerother Party’s operations personnelcenter. Such permission shall not be unreasonably withheld.
(c) Neither Party9.14. Riverside shall provide to SCE by September 1, of each year, such information concerning Riverside’s facilities shall cause excessive voltage flicker nor introduce excessive distortion electric system as is required for SCE to the sinusoidal voltage or current waves as defined by ANSI Standard C84.1- 1989, in accordance with IEEE Standard 519, or any applicable superseding electric industry standard or any alternative Applicable Reliability Standard or applicable reliability council standard. In the event of a conflict among ANSI Standard C84.1- 1989, or any applicable superseding electric industry standard, or any alternative Applicable Reliability Standard or applicable reliability council standard, the alternative Applicable Reliability Standard or applicable reliability council standard shall control.
(d) Interconnection Customer shall comply with all Applicable Reliability Standards for the Interconnection Customer’s Interconnection Facilities and Small Generating Facility. Distribution Provider will not assume any responsibility for complying with mandatory reliability standards for such facilities and offers no opinion whether Interconnection Customer must register with NERC pursuant to Section 215 bulk power system modeling requirements of the Federal Power ActWECC. Such determination is the responsibility of Interconnection Customer. If required to register with NERC, Interconnection Customer shall be responsible for complying with all Applicable Reliability Standards for the Interconnection Customer’s Interconnection Facilities up to the Point of Change of Ownership.
(e) Each Party shall, at its own expense, maintain in force throughout the period of this Agreement, and until released by the other Party, the following minimum insurance coverages, with insurers rated no less than A- (with a minimum size rating of VII) by Bests’ Insurance Guide and Key Ratings and authorized to do business in the state where the Point of Interconnection is located:
(i) Employer's Liability and Workers' Compensation Insurance providing statutory benefits in accordance with the laws and regulations of the state in which the Point of Interconnection is located. Either party may meet the requirement for workers compensation insurance through self insurance if it is authorized to self insure by the applicable state.
(ii) Commercial General Liability Insurance including premises and operations, personal injury, broad form property damage, broad form blanket contractual liability coverage (including coverage for the contractual indemnification) products and completed operations coverage, coverage for explosion, collapse and underground hazards, independent contractors coverage, coverage for pollution to the extent normally available and punitive damages to the extent normally available and a cross liability endorsement, with minimum limits of One Million Dollars ($1,000,000) per occurrence/One Million Dollars ($1,000,000) aggregate combined single limit for personal injury, bodily injury, including death and property damage.
(iii) Business Automobile Liability Insurance for coverage of owned and non-owned and hired vehicles, trailers or semi-trailers designed for travel on public roads, with a minimum, combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, including death, and property damage.
(iv) For this 20 MW project, excess Public Liability Insurance over and above the Employer's Liability Commercial General Liability and Business Automobile Liability Insurance coverage, with a minimum combined single limit of Twenty Million Dollars ($20,000,000) per occurrence/Twenty Million Dollars ($20,000,000) aggregate. The requirements of section ii and iv may be met by any combination of general and excess liability insurance. .
(v) The Commercial General Liability Insurance, Business Automobile Insurance and Excess Public Liability Insurance policies shall name the other Party, its parent, its subsidiaries and the respective directors, officers, agents, servants and employees ("Other Party Group") as additional insured. All policies shall contain provisions whereby the insurers waive all rights of subrogation in accordance with the provisions of this Agreement against the Other Party Group and endeavor to provide thirty (30) Calendar Days advance written notice to the Other Party Group prior to anniversary date of cancellation or any material change in coverage or condition.
(vi) The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Public Liability Insurance policies shall contain provisions that specify that the policies are primary and shall apply to such extent without consideration for other policies separately carried and shall state that each insured is provided coverage as though a separate policy had been issued to each, except the insurer’s liability shall not be increased beyond the amount for which the insurer would have been liable had only one insured been covered. Each Party shall be responsible for its respective deductibles or retentions.
(vii) The Commercial General Liability Insurance, Business Automobile Liability Insurance and Excess Public Liability Insurance policies, if written on a Claims First Made Basis, shall be maintained in full force and effect for two (2) years after termination of this Agreement, which coverage may be in the form of tail coverage or extended reporting period coverage if agreed by the Parties.
(viii) The requirements contained herein as to the types and limits of all insurance to be maintained by the Parties are not intended to and shall not in any manner, limit or qualify the liabilities and obligations assumed by the Parties under this Agreement.
(ix) No later than thirty (30) Calendar Days after the Effective Date of this Agreement, and as soon as practicable after the end of each fiscal year or at the renewal of the insurance policy and in any event within ninety (90) Calendar Days thereafter, each Party shall provide certification of all insurance required in this Agreement, executed by each insurer or by an authorized representative of each insurer.
(x) Notwithstanding the foregoing, each Party may self-insure to meet the minimum insurance requirements of Article 8 of this Agreement and this Attachment 5 Section 2(e) to the extent it maintains a self-insurance program; provided that, Interconnection Customer’s senior unsecured debt or issuer rating is BBB-, or better, as rated by Standard & Poor’s and that its self-insurance program meets the minimum insurance requirements of Article 8 of this Agreement and this Attachment 5 Section 2(e). For any period of time that Interconnection Customer’s senior unsecured debt rating and issuer rating are both unrated by Standard & Poor’s or are both rated at less than BBB- by Standard & Poor’s, each Party Riverside shall comply with the insurance requirements applicable to it under Article 8 of this Agreement rules, regulations, procedures and this Attachment 5 Section 2(e).In the event that a Party is permitted to self-insure, it shall notify the other Party that it meets the requirements to self-insure and that its self-insurance program meets the minimum insurance requirements in a manner consistent with that specified in Article 8 of this Agreement and this Attachment 5 Section 2(e). The Distribution Provider shall describe Upgrades and provide an itemized best estimate guidelines of the costWECC working group known as the Modeling and Validation Working Group, including overheadsand its assignees or successors, to assure full compliance with all system modeling requirements of the WECC. If Riverside’s distribution system is not part of the system modeling requirements of the WECC, then by September 1, of the Upgrades and annual operation and maintenance expenses associated each year, Riverside shall provide SCE with such Upgrades. The Distribution Provider shall functionalize Upgrade costs and annual expenses as either transmission or updated system modeling of Riverside’s distribution relatedsystem.
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Sources: Interconnection Facilities Agreement