Common use of Study Results Clause in Contracts

Study Results. 8.1 Upon completion of the Additional Reliability Study, issuance of the final invoice and payment by Requestor of any amount due pursuant to Section 7.3 of this Agreement, the NYISO and Transmission Owner will jointly deliver the results of the completed Additional Reliability Study to Requestor, and the Parties will meet at a mutually agreeable time and place to review the results of the Additional Reliability Study. The NYISO and Transmission Owner will also provide the results of the Additional Reliability Study to Requestor in electronic format. 8.2 The NYISO and Transmission Owner will review the results of the Additional Reliability Studies to determine whether the results reveal Confidential Information that may not be disclosed to the Requestor pursuant to the NYISO’s Code of Conduct or is otherwise identified by Transmission Owner as their own Confidential Information. Prior to the delivery to the Requestor of the study results, NYISO and Transmission Owner will remove or sufficiently mask all Confidential Information to avoid the disclosure of any Confidential Information to the Requestor. The NYISO and Transmission Owner will treat the Study Request and the results of the Additional Reliability Study as Confidential Information in accordance with Attachment F to the OATT. The NYISO will not include the results of the Additional Reliability Study in the Reliability Needs Assessment or Comprehensive Reliability Plan. Notwithstanding the foregoing, the Requestor acknowledges and agrees that the NYISO and Transmission Owner shall be free to provide appropriate response to the New York State Department of Public Services (NYSDPS) with regard to any requests for information they may submit to the NYISO or Transmission Owner regarding the generator or the study, the scope of work after the Requestor has been provided written notice of the NYSDPS’s request for information. In responding to such requests all Parties shall treat the study and the study results as confidential, commercial sensitive, proprietary information of the Requestor. The Requestor further acknowledges and agrees that the NYISO and Transmission Owner may disclose the results of this study, and that the NYISO may post the results of the Additional Reliability Study on its website, if and when Requestor seeks to obtain regulated cost recovery from an applicable state or federal regulatory authority based upon the results of the Additional Reliability Study or if the Requestor otherwise discloses the study request or the study results in the public domain. 8.3 The Requestor acknowledges and agrees that the NYISO and the Transmission Owner shall be free to conduct an independent analysis as part of the NYISO’s Reliability Planning Processes or Transmission Owner’s local transmission planning efforts, if either Party determines, in its sole discretion and at its sole cost, that such analysis is appropriate. 8.4 The Requestor acknowledges and agrees that, notwithstanding the provisions of this agreement indicating that it will not receive Confidential Information from the NYISO or Transmission Owner, in the event that Requestor does receive Confidential Information of the NYISO or the Transmission Owner as a result of its interactions with NYISO and Transmission Owner or otherwise arising out of the performance of this study or review of the study results, it shall not use such information for its advantage, it shall destroy such information, and it shall take all other necessary steps to prevent any further disclosure of that Confidential Information within its organization and to third parties. 8.5 The Requestor further acknowledges and agrees that the NYISO and Transmission Owner may disclose the results of this study, and that the NYISO may post the results of the Additional Reliability Study on its website, if and when Requestor seeks to obtain regulated cost recovery from an applicable state or federal regulatory authority based upon the results of the Additional Reliability Study. 8.6 Nothing in this Agreement shall be construed to limit the NYISO’s authority to determine the need for, or Transmission Owner’s authority to develop and propose, a regulated backstop or gap solution pursuant to NYISO OATT Attachment Y or any local transmission planning project.

Study Results. 8.1 Upon completion of the Additional Reliability Study, issuance of the final invoice and payment by Requestor of any amount due pursuant to Section 7.3 of this Agreement, the NYISO and Transmission Owner will jointly deliver the results of the completed Additional Reliability Study to Requestor, and the Parties will meet at a mutually agreeable time and place to review the results of the Additional Reliability Study. The NYISO and Transmission Owner will also provide the results of the Additional Reliability Study to Requestor in electronic format. 8.2 The NYISO and Transmission Owner will review the results of the Additional Reliability Studies to determine whether the results reveal Confidential Information that may is not be disclosed subject to the Requestor pursuant to disclosure under the NYISO’s Code of Conduct or is otherwise identified by Transmission Owner as their own Confidential InformationConduct. Prior to the delivery to the Requestor of the study results, NYISO and Transmission Owner will remove or sufficiently mask all Confidential Information will be removed or the results aggregated or masked sufficiently to avoid the disclosure of any Confidential Information Information. The NYISO will provide the results of the Additional Reliability Study to the Requestor. The NYISO and Transmission Owner will treat the Request for the Additional Reliability Study Request and the results of the Additional Reliability Study as Confidential Information in accordance with Attachment F to the OATT. The , and the NYISO will not include the results of the Additional Reliability Study in the Reliability Needs Assessment or Comprehensive Reliability Plan. Notwithstanding the foregoing, the Requestor acknowledges and agrees that the NYISO and Transmission Owner shall be free to provide appropriate response to the New York State Department of Public Services (NYSDPS) with regard to any requests for information they may submit to the NYISO or Transmission Owner regarding the generator or the study, the scope of work after the Requestor has been provided written notice of the NYSDPS’s request for information. In responding to such requests all Parties shall treat the study and the study results as confidential, commercial sensitive, proprietary information of the Requestor. The Requestor further acknowledges and agrees that the NYISO and Transmission Owner may disclose the results of this study, and that the NYISO may post the results of the Additional Reliability Study on its website, if and when Requestor seeks to obtain regulated cost recovery from an applicable state or federal regulatory authority based upon the results of the Additional Reliability Study or if the Requestor otherwise discloses the study request or the study results in the public domain. 8.3 The Requestor acknowledges and agrees that the NYISO and the Transmission Owner shall be free to conduct an independent analysis as part of the NYISO’s Comprehensive Reliability Planning Processes or Transmission Owner’s local transmission planning efforts, Process if either Party the NYISO determines, in its sole discretion and at its sole costdiscretion, that such analysis is appropriate. 8.4 The Requestor acknowledges and agrees that, notwithstanding the provisions of this agreement indicating that it will not receive Confidential Information from the NYISO or Transmission Owner, appropriate in the event that Requestor does receive Confidential Information light of the NYISO or the Transmission Owner as a result of its interactions with NYISO and Transmission Owner or otherwise arising out of the performance of this study or review of the study results, it shall not use such information for its advantage, it shall destroy such information, and it shall take all other necessary steps to prevent any further disclosure of that Confidential Information within its organization and to third parties. 8.5 Additional Reliability Studies conducted. The Requestor further acknowledges and agrees that the NYISO and Transmission Owner may disclose the results of this study, and that the NYISO may will post the results of the Additional Reliability Study on its website, website if and when Requestor seeks to obtain regulated cost recovery from under the OATT as an applicable state alternative regulated solution or federal regulatory authority regulated gap solution based upon the results of the Additional Reliability Study. 8.6 . Nothing in this Agreement shall be construed to limit the NYISO’s authority to determine the need for, or Transmission Owner’s authority to develop and propose, for a regulated backstop or gap solution pursuant to NYISO OATT Attachment Y or any local transmission planning projectsolution.