small generator interconnection agreement - Southern California ...
small generator interconnection agreement - Southern California ... small generator interconnection agreement - Southern California ...
Page No. 162. Small Generating Facilities processed under the Small GenerationInterconnection Procedures set forth in CAISO Tariff Appendix S.In such case, the terms of Article 6.4 below do not apply to thisAgreement.For easy reference, the Parties shall check the Box below when this Article 6.3applies:[ xx ] THIS ARTICLE 6.3 APPLIES6.3.1 At least twenty (20) Business Days prior to the commencement of thedesign, procurement, installation, or construction of a discrete portion ofthe Participating TO's Interconnection Facilities and Upgrades, theInterconnection Customer shall provide the Participating TO, at theInterconnection Customer's option, a guarantee, a surety bond, letter ofcredit or other form of security that is reasonably acceptable to theParticipating TO and is consistent with the Uniform Commercial Code ofthe jurisdiction where the Point of Interconnection is located. Suchsecurity for payment shall be in an amount sufficient to cover the costs forconstructing, designing, procuring, and installing the applicable portion ofthe Participating TO's Interconnection Facilities and Upgrades and shallbe reduced on a dollar-for-dollar basis for payments made to theParticipating TO under this Agreement during its term.6.3.2 If a guarantee is provided, the guarantee must be made by an entity thatmeets the creditworthiness requirements of the Participating TO, andcontain terms and conditions that guarantee payment of any amount thatmay be due from the Interconnection Customer, up to an agreed-tomaximum amount.6.3.3 If a letter of credit or surety bond is provided, the letter of credit or suretybond must be issued by a financial institution or insurer reasonablyacceptable to the Participating TO and must specify a reasonableexpiration date.6.4 Interconnection Financial Security Arrangements for All Other Small GeneratingFacilitiesThe terms of this Article 6.4 apply to Small Generating Facilities that have beenprocessed under either1. the cluster study process or2. the Independent study track processof the Generation Interconnection Procedures set forth in CAISO TariffAppendix Y. In such case, the provisions of Article 6.3 do not apply to thisAgreement.In such case, the terms of Article 6.3 above do not apply to this Agreement.
Page No. 17For easy reference, the Parties shall check the Box below when this Article 6.4applies:[ ] THIS ARTICLE 6.4 APPLIES6.4.1 The Interconnection Customer is obligated to provide all necessaryInterconnection Financial Security required under Section 9 of the GIP in amanner acceptable under Section 9 of the GIP. Failure by theInterconnection Customer to timely satisfy the GIP’s requirements for theprovision of Interconnection Financial Security shall be deemed a breachof this Agreement and a condition of Default of this Agreement.6.4.2 Notwithstanding any other provision in this Agreement for notice of Defaultand opportunity to cure such Default, the CAISO or the Participating TOshall provide Interconnection Customer with written notice of any Defaultdue to timely failure to post Interconnection Financial Security, and theInterconnection Customer shall have five (5) Business Days from the dateof such notice to cure such Default by posting the required InterconnectionFinancial Security. If the Interconnection Customer fails to cure theDefault, then this Agreement shall be deemed terminated.ARTICLE 7. ASSIGNMENT, LIABILITY, INDEMNITY, FORCE MAJEURE, ANDDEFAULT7.1 AssignmentThis Agreement may be assigned by any Party upon fifteen (15) Business Daysprior written notice and opportunity to object by the other Parties; provided that:7.1.1 Any Party may assign this Agreement without the consent of the otherParties to any affiliate of the assigning Party with an equal or greater creditrating and with the legal authority and operational ability to satisfy theobligations of the assigning Party under this Agreement, provided that theInterconnection Customer promptly notifies the Participating TO and theCAISO of any such assignment;7.1.2 The Interconnection Customer shall have the right to assign thisAgreement, without the consent of the Participating TO or the CAISO, forcollateral security purposes to aid in providing financing for the SmallGenerating Facility, provided that the Interconnection Customer willpromptly notify the Participating TO and the CAISO of any suchassignment.7.1.3 Any attempted assignment that violates this article is void and ineffective.Assignment shall not relieve a Party of its obligations, nor shall a Party'sobligations be enlarged, in whole or in part, by reason thereof. Anassignee is responsible for meeting the same financial, credit, and
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Page No. 162. Small Generating Facilities processed under the Small GenerationInterconnection Procedures set forth in CAISO Tariff Appendix S.In such case, the terms of Article 6.4 below do not apply to thisAgreement.For easy reference, the Parties shall check the Box below when this Article 6.3applies:[ xx ] THIS ARTICLE 6.3 APPLIES6.3.1 At least twenty (20) Business Days prior to the commencement of thedesign, procurement, installation, or construction of a discrete portion ofthe Participating TO's Interconnection Facilities and Upgrades, theInterconnection Customer shall provide the Participating TO, at theInterconnection Customer's option, a guarantee, a surety bond, letter ofcredit or other form of security that is reasonably acceptable to theParticipating TO and is consistent with the Uniform Commercial Code ofthe jurisdiction where the Point of Interconnection is located. Suchsecurity for payment shall be in an amount sufficient to cover the costs forconstructing, designing, procuring, and installing the applicable portion ofthe Participating TO's Interconnection Facilities and Upgrades and shallbe reduced on a dollar-for-dollar basis for payments made to theParticipating TO under this Agreement during its term.6.3.2 If a guarantee is provided, the guarantee must be made by an entity thatmeets the creditworthiness requirements of the Participating TO, andcontain terms and conditions that guarantee payment of any amount thatmay be due from the Interconnection Customer, up to an agreed-tomaximum amount.6.3.3 If a letter of credit or surety bond is provided, the letter of credit or suretybond must be issued by a financial institution or insurer reasonablyacceptable to the Participating TO and must specify a reasonableexpiration date.6.4 Interconnection Financial Security Arrangements for All Other Small GeneratingFacilitiesThe terms of this Article 6.4 apply to Small Generating Facilities that have beenprocessed under either1. the cluster study process or2. the Independent study track processof the Generation Interconnection Procedures set forth in CAISO TariffAppendix Y. In such case, the provisions of Article 6.3 do not apply to thisAgreement.In such case, the terms of Article 6.3 above do not apply to this Agreement.
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