Common use of Responsibility for Testing Clause in Contracts

Responsibility for Testing. 6.1.1 Prior to the Operation Date, Generator shall perform all testing of the Facility and Generator’s Interconnection Facilities required by the RTO (if applicable), NERC and WSCC. EPE or the Operating Agent, as applicable, may require Generator to perform additional testing First Amended and Restated Interconnection Agreement between El Paso Electric Company and Public Service Company of New Mexico 20 whenever EPE or the Operating Agent reasonably determines that such additional testing is required for reliability reasons. All testing shall be successfully completed before the Operation Date. Testing subsequent to the Operation Date shall be performed in compliance with the frequency requirements of NERC, WSCC, and the RTO (if applicable) and any other reliability requirements of any other organization/entity with responsibility for electricity and whose requirements Generator is obligated to follow. All such tests shall be performed to the specifications of NERC, WSCC, the RTO (if applicable), or any other specifications required by new or other reliability organizations with responsibility for electricity and whose requirements Generator is obligated to follow. Generator shall inform EPE or the Operating Agent, as applicable, in advance (whenever possible, a minimum of five (5) Business Days) when such tests are scheduled to occur, and EPE shall have the right to have representatives observe and monitor such tests. The cost of all such testing shall be borne by Generator. 6.1.2 Prior to the Operation Date, EPE or the Operating Agent, as applicable, shall perform all testing of the EPE Interconnection Facilities and the Interconnection System Upgrades required by NERC, WSCC and the RTO (if applicable). All testing shall be successfully completed before the Operation Date. After the Operation Date, the Operating Agent and EPE shall test their facilities at their own expense (or, in the case of the Operating Agent, the EPE Interconnection Facilities at the expense of EPE) in accordance with Good Utility Practice. Generator shall have the right, upon five (5) Business Days’ advance written notice to the Operating Agent or EPE to require additional testing of such entity’s facilities, at Generator’s expense, if Generator reasonably believes that such entity’s facilities are causing a material adverse effect on the operation of the Facility or Generator’s Interconnection Facilities, or as may be otherwise prudent in accordance with Good Utility Practice, and shall have the right to be present during such tests.

Responsibility for Testing. Interconnection Agreement between -21- EXECUTION VERSION El Paso Electric Company and Public Service Company of New Mexico 6.1.1 Prior to the Operation Date, Generator shall perform all testing of the Facility and Generator’s 's Interconnection Facilities required by the RTO (if applicable), NERC and WSCC. EPE or the Operating Agent, as applicable, may require Generator to perform additional testing First Amended and Restated Interconnection Agreement between El Paso Electric Company and Public Service Company of New Mexico 20 whenever EPE or the Operating Agent reasonably determines that such additional testing is required for reliability reasons. All testing shall be successfully completed before the Operation Date. Testing subsequent to the Operation Date shall be performed in compliance with the frequency requirements of NERC, WSCC, and the RTO (if applicable) and any other reliability requirements of any other organization/entity with responsibility for electricity and whose requirements Generator is obligated to follow. All such tests shall be performed to the specifications of NERC, WSCC, the RTO (if applicable), or any other specifications required by new or other reliability organizations with responsibility for electricity and whose requirements Generator is obligated to follow. Generator shall inform EPE or the Operating Agent, as applicable, in advance (whenever possible, a minimum of five (5) Business Days) when such tests are scheduled to occur, and EPE shall have the right to have representatives observe and monitor such tests. The cost of all such testing shall be borne by Generator. 6.1.2 Prior to the Operation Date, EPE or the Operating Agent, as applicable, shall perform all testing of the EPE Interconnection Facilities and the Interconnection System Upgrades on the EPE Transmission System required by NERC, WSCC and the RTO (if applicable). All testing shall be successfully completed before the Operation Date. After the Operation Date, the Operating Agent and EPE shall test their facilities at their own expense (or, in the case of the Operating Agent, the EPE Interconnection Facilities at the expense of EPE) in accordance with Good Utility Practice. Generator shall have the right, upon five (5) Business Days’ ' advance written notice to the Operating Agent or EPE to require additional testing of such entity’s 's facilities, at Generator’s 's expense, if Generator reasonably believes that such entity’s 's facilities are causing a material adverse effect on the operation of the Facility or Generator’s 's Interconnection Facilities, or as may be otherwise prudent in accordance with Good Utility Practice, and shall have the right to be present during such tests.