Scheduled Outages (a) Commencing at least sixty (60) days before Initial Synchronization and throughout the Delivery Term, Seller shall, no later than January 1, April 1, July 1 and October 1 of each year, submit to SCE, using the Web Client, Seller’s schedule of proposed planned outages (“Outage Schedule”) for the subsequent twenty-four month period.
(b) Seller shall provide the following information for each proposed planned outage:
(i) Start date and time;
(ii) End date and time; and
(iii) Capacity online, in MW, during the planned outage.
(c) Within thirty (30) days after SCE’s receipt of an Outage Schedule, SCE shall notify Seller in writing of any reasonable request for changes to the Outage Schedule, and Seller shall, consistent with Prudent Electrical Practices, accommodate SCE’s requests regarding the timing of any planned outage.
(d) Seller shall cooperate with SCE to arrange and coordinate all Outage Schedules with the CAISO.
(e) If a condition occurs at the Generating Facility which causes Seller to revise its planned outages, Seller shall promptly provide Notice to SCE, using the Web Client, of such change (including an estimate of the length of such planned outage) as required in the CAISO Tariff after the condition causing the change becomes known to Seller.
(f) Seller shall promptly prepare and provide to SCE upon request, using the Web Client, all reports of actual or forecasted outages that SCE may reasonably require for the purpose of enabling SCE to comply with Section 761.3 of the California Public Utilities Code or any Applicable Law mandating the reporting by investor owned utilities of expected or experienced outages by electric energy generating facilities under contract to supply electric energy.
Scheduled Downtime For the purposes of this Agreement, Scheduled Downtime will mean those hours, as determined by us but which will not occur between the hours of 9:00 AM and 5:00 PM Eastern Time, Monday through Friday without your authorization or unless exigent circumstances exist, during which time we will perform scheduled maintenance or adjustments to the Environment. We will use our best efforts to provide you with at least twenty-four (24) hours of notice prior to scheduling Scheduled Downtime.
Planned Outages Seller shall schedule Planned Outages for the Project in accordance with Good Industry Practices and with the prior written consent of Buyer, which consent may not be unreasonably withheld or conditioned. The Parties acknowledge that in all circumstances, Good Industry Practices shall dictate when Planned Outages should occur. Seller shall notify Buyer of its proposed Planned Outage schedule for the Project for the following calendar year by submitting a written Planned Outage schedule no later than October 1st of each year during the Delivery Term. The Planned Outage schedule is subject to Buyer’s approval, which approval may not be unreasonably withheld or conditioned. Buyer shall promptly respond with its approval or with reasonable modifications to the Planned Outage schedule and Seller shall use its best efforts in accordance with Good Industry Practices to accommodate ▇▇▇▇▇’s requested modifications. Notwithstanding the submission of the Planned Outage schedule described above, Seller shall also submit a completed Outage Notification Form to Buyer no later than fourteen (14) days prior to each Planned Outage and all appropriate outage information or requests to the CAISO in accordance with the CAISO Tariff. Seller shall contact Buyer with any requested changes to the Planned Outage schedule if Seller believes the Project must be shut down to conduct maintenance that cannot be delayed until the next scheduled Planned Outage consistent with Good Industry Practices. Seller shall not change its Planned Outage schedule without Buyer’s approval, not to be unreasonably withheld or conditioned. Seller shall use its best efforts in accordance with Good Industry Practices not to schedule Planned Outages during the months of July, August, September and October. At Buyer’s request, Seller shall use commercially reasonable efforts to reschedule Planned Outage so that it may deliver Product during CAISO declared or threatened emergency periods. Seller shall not substitute Energy from any other source for the output of the Project during a Planned Outage.
Forced Outages During any forced outage, the NYISO or Connecting Transmission Owner may suspend interconnection service to the Interconnection Customer to effect immediate repairs on the New York State Transmission System or the Distribution System. The NYISO shall use Reasonable Efforts to provide the Interconnection Customer with prior notice. If prior notice is not given, the NYISO shall, upon request, provide the Interconnection Customer written documentation after the fact explaining the circumstances of the disconnection.
Work on Scheduled RDOs Circumstances (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity subject to the below procedure.
(b) Examples of where work may take place include, but are not limited to, the following:
(i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or
(ii) because of unforeseen delays to a particular Project or a section of it; or
(iii) for other reasons arising from unforeseen or emergency circumstances on a Project. For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of Inclement Weather, matters not necessarily the fault of the Employer which has led to the Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances.
(c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will:
(i) consult with the affected Employees and the Union within a reasonable timeframe;
(ii) determine that affected Employees agree to work on the Scheduled RDO; and
(iii) the Employer will notify and agree with the Employees and their Union representative in writing (via email prior to the RDO when work needs to be performed. The attached notification form (Appendix I) may be used for this purpose. Affected Employees will be entitled to meet with their Union Representative for the purpose of consulting about works to occur on a scheduled RDO. The attached notification form (Appendix I) may be used for this purpose.
(d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least nine (9) calendar days prior to the RDO in question. An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week of the scheduled RDO;
(ii) the number of scheduled RDOs worked by the Employee within the previous six weeks;
(iii) the Employee’s family responsibilities; and
(iv) any other special circumstances peculiar to the Employee.
(e) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification.
(f) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 39.9 of this Agreement. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause