/Docs/G/US-Bonneville-WindPowerPurchaseAgreement-CmA/Sec/Definitions_0.md
Source views: Source JSON(ish) on GitHub (VSCode) Doc views: Document (&k=r00t): Visual Print Technical: OpenParameters Xray
{- "edges" : [ "data" {
- "Ti" : "Definitions" ,
"0.sec" : "The terms listed in this Section shall have the meanings set forth herein whenever the terms appear in this Agreement, whether in the singular or the plural or in the present or past tense. The plain meaning of terms not listed in this Section and otherwise used in this Agreement shall apply, unless such unlisted terms have meanings as commonly used in Good Utility Industry Practice, in which case the Good Utility Industry Practice meaning shall apply." ,
"1.sec" : "\u201cActual Average Annual Output\u201d means the actual amount of average annual Energy Output generated by the Facility during any given 24-month rolling" ,
"2.sec" : "\u201cAvailability Factor\u201d means the number of hours the Facility was in service and ready during the preceeding twelve (12) month period to generate Energy Output in accordance with Good Utility Industry Practice, divided by 8,760 hours." ,
"4.sec" : "\u201cBusiness Day\u201d means each Monday through and including Friday during the term of this Agreement other than nationally recognized holidays." ,
"5.sec" : "\u201cCommercial Operation\u201d means when a particular BPA Wind Turbine in the Facility is ready for regular, daily operation, has been connected to the Grid, and is capable of producing Energy Output in accordance with Good Utility Industry Practice, all as certified in writing by Seller to BPA." ,
"6.sec" : "\u201cCommercial Operation Date\u201d means, with respect to a particular BPA Wind Turbine, the first day on which Commercial Operation occurs." ,
"7.sec" : "\u201cCommission(s)\u201d means any of the state or Federal regulatory agencies having jurisdiction over BPA or Seller including, but not limited to, the Federal Energy Regulatory Commission (\u201cFERC\u201d), or successor agencies." ,
"8.sec" : "\u201cCompletion Date\u201d means the date when all of the BPA Wind Turbines have achieved Commercial Operation and the Conditions Precedent in Section 9(a) have been satisfied." ,
"9.sec" : "\u201cConditions Precedent\u201d has the meaning given in Section 9(a)." ,
"10.sec" : "\u201cContract Year\u201d means any consecutive twelve (12) month period commencing with the Completion Date or its anniversary." ,
"11.sec" : "\u201cDelivery Arrangements Agreement\u201d means an agreement between Power Business Line and the Transmission System Operator that provides for the receipt of Energy Output at the Point of Delivery and for the transmission and delivery of such Energy Output to points beyond the Point of Delivery." ,
"12.sec" : "\u201cEmergency\u201d means a physical condition or situation that, in the judgment of the Transmission System Operator, affects or will affect the ability of the Grid to accept Energy Output from the Facility at the Point of Delivery." ,
"13.sec" : "\u201cEnergy Output\u201d means the amount of electrical energy generated by the BPA Wind Turbines and delivered at the Point of Delivery. Energy Output shall be metered in whole kilowatt-hours (kWh) by the Metering Device(s) on the high side of the transformer at the Facility Substation. Energy Output delivered to BPA at the Point of Delivery shall be deemed to be equal to the energy measured by the Metering Device(s) minus energy losses of ____ percent between the Metering Device and the Point of Delivery." ,
"14.sec" : "\u201cEnergy Payment Rate\u201d has the meaning ascribed in Section 7." ,
"15.sec" : "\u201cEvent of Default\u201d means an event as defined in Section 10 that confers a contractual right upon the non-defaulting Party to terminate the Agreement." ,
"16.sec" : "\u201cFacility\u201d means the ________ Project, which includes all of the following, the purpose of which is to produce and sell electricity: Seller\u2019s equipment, property, wind turbines, step-up transformer(s), circuit breakers, necessary electric lines to connect to the Point of Delivery, protective and associated equipment, improvements, and other tangible and intangible assets, property and access rights and contract rights reasonably necessary for the construction, operation, and maintenance of the electric wind generating facility to be located at the site specified in Section 4 that produces Energy Output being sold under this Agreement." ,
"17.sec" : "\u201cFacility Substation\u201d means the facilities located at the point of intersection of the Facility Transmission Line and BPA\u2019s ____________ transmission line." ,
"18.sec" : "\u201cFacility Transmission Line\u201d means the transmission line connecting the Wind Turbines to the Point of Delivery." ,
"19.sec" : "\u201cFirst Delivery Date\u201d means the first date on which the Interconnection Facilities are energized and capable of accepting delivery of Energy Output at the Point of Delivery." ,
"20.sec" : "\u201cGDPIPD\u201d means the implicit price deflator for the gross domestic product as computed and published by the U.S. Department of Commerce. The figures to be used in this adjustment shall be those presented in the \u201cGross Domestic Product: First Quarter \u2018Final\u2019 Press Release\u201d typically released in June of each calendar year by the United States Department of Commerce, Bureau of Economic Analysis. No subsequent revisions released by the United States Department of Commerce to those figures will be considered to affect or adjust the Energy Payment Rate for that particular Contract Year." ,
"21.0.sec" : "\u201cGood Utility Industry Practice(s)\u201d means the practices, methods, and acts (including, but not limited to, the practices, methods, and acts engaged in or approved by a significant portion of the electric utility industry) that, at a particular time, in the exercise of reasonable judgment in light of the facts known or that should reasonably have been known at the time a decision was made, would have been expected to accomplish the desired result in a manner consistent with law, regulation, codes, standards, equipment manufacturer\u2019s recommendations, reliability, safety, environmental protection, economy, and expedition. With respect to the Facility, Good Utility Industry Practice(s) include, but are not limited to, taking reasonable steps to ensure that:" ,
"21.1.sec" : "equipment, materials, resources, and supplies are available to meet the Facility\u2019s needs;" ,
"21.2.sec" : "sufficient operating personnel are available at all times and are adequately experienced, trained and licensed as necessary to operate the Facility properly and efficiently, and are capable of responding to reasonably foreseeable emergency conditions whether caused by events on or off the site of the Facility;" ,
"21.3.sec" : "preventive, routine, and non-routine maintenance and repairs are performed on a basis that ensures reliable long-term and safe operation, and are performed by knowledgeable, trained, and experienced personnel utilizing proper equipment and tools;" ,
"21.4.sec" : "appropriate monitoring and testing are performed to ensure equipment is functioning as designed;" ,
"21.5.sec" : "equipment is not operated in a reckless manner, or in a manner unsafe to workers, the general public, or contrary to environmental laws or regulations or without regard to defined limitations such as flood conditions, safety inspection requirements, operating voltage, current, volt-ampere reactive (VAR) loading, frequency, rotational speed, polarity, synchronization, and/or control system limits; and" ,
"21.6.sec" : "the equipment will function properly under both normal and reasonably expected Emergency conditions at the Facility." ,
"22.sec" : "\u201cGrid\u201d means the electrical transmission system that is beyond the Point of Delivery and controlled by the Transmission System Operator." ,
"23.sec" : "\u201cInflation Adjustment Factor\u201d shall mean a fraction, the numerator of which is the GDPIPD for the first (1st) quarter of the current calendar year and the denominator of which is the GDPIDP for the first (1st) quarter of the preceding year." ,
"24.sec" : "\u201cInterconnection Facilities\u201d means all the land rights, materials, equipment, and facilities installed for the purpose of interconnecting the BPA Wind Turbines to BPA\u2019s __________ transmission line, including, but not limited to, electrical interconnection, switching, metering, relaying, and communication and safety equipment." ,
"25.sec" : "\u201cInterconnection Facilities Agreement\u201d means the Generation Interconnection Agreement between Seller and Transmission System Operator that contains the rights and obligations of the parties with respect to the interconnection of the Facility to BPA\u2019s __________ transmission line and the methods and procedures for the safe operation and maintenance of the Interconnection Facilities." ,
"26.sec" : "\u201cMetering Device(s)\u201d means the electronic kilowatt-hour meter and associated potential transformers and current transformers used to measure the Energy Output from the Facility, as described in Section 5(c)(2) and Exhibit A." ,
"27.sec" : "\u201cNon-Billing Dispute\u201d means any and all disputes between the Parties other than Billing Disputes." ,
"28.sec" : "\u201cOn-Peak Month\u201d means any calendar months of September through and including February." ,
"29.sec" : "\u201cOperating Committee\u201d means the committee comprised of one delegate each from BPA and Seller pursuant to Section 9(e) of this Agreement." ,
"30.sec" : "\u201cSeller\u2019s Computer Monitoring System\u201d means the computer-based monitoring system comprised of computer hardware, software, and private communication system extending to each BPA Wind Turbine, which system gathers, archives and reports turbine operating data." ,
"31.sec" : "\u201cParty\u201d and/or \u201cParties\u201d means Seller, BPA, or Seller and BPA." ,
"32.sec" : "\u201cPoint of Delivery\u201d means the electric system point at which Seller makes the Energy Output available to BPA." ,
"33.sec" : "\u201cPower Business Line\u201d means BPA\u2019s Power Business Line." ,
"34.sec" : "\u201cSeller\u2019s Interconnection Facilities\u201d means that portion of the Interconnection Facilities that are located outside of the boundary fence of the Facility Substation but with sufficient additional cable attached to reach to the Point of Delivery within the Facility Substation, as described in greater detail in Exhibit A." ,
"35.sec" : "\u201cTransmission System Operator\u201d means BPA\u2019s Transmission Business Line or any successor that controls and operates the Grid." ,
}
}