Appendix D - BC Hydro - Transmission

the date on which the Interconnection Customer receives a repayment of suchpayment pursuant to this subparagraph. Interconnection Customer may assignsuch repayment rights to any person.Section 11.4.2, in accordance withAttachment K of the Tariff.Notwithstanding the foregoing, Interconnection Customer, TransmissionProvider, and Affected System Operator may adopt any alternative paymentschedule that is mutually [agreeable so long as Transmission Provider andAffected System Operator take one of the following actions no later than fiveyears from the Commercial Operation Date: (1) return to InterconnectionCustomer any amounts advanced for Network Upgrades not previously repaid,or (2) declare in writing that Transmission Provider or Affected SystemOperator will continue to provide payments to Interconnection Customerpursuant to this subparagraph until all amounts advanced for NetworkUpgrades have been repaid.11.4.2 Repayment on Failure to Achieve Commercial Operation. If the LargeGenerating Facility fails to achieve commercial operation, but it or anotherGenerating Facility is later constructed andCommercial Operation, thisAgreement is terminated, and another generating facility subsequently makesuse of the Network Upgrades constructed pursuant to this Agreement,Transmission Provider and Affected System Operator shall at that timereimburse Interconnection Customer for the amounts advanced byInterconnection Customer for the those Network Upgrades. used by the othergenerating facility, as reasonably determined by BCTC. This Section 11.4.2shall survive the termination of this Agreement.11.4.2 Special Provisions for Affected Systems. Unless Transmission Providerprovides, under the LGIA, for the repayment of amounts advanced to AffectedSystem Operator for Network Upgrades, Interconnection Customer andAffected System Operator shall enter into an agreement that provides for suchrepayment. The agreement shall specify the terms governing payments to bemade by Interconnection Customer to the Affected System Operator as well asthe repayment by the Affected System Operator.11.4.3 Deferral Credits. Where Interconnection Customer satisfies the eligibilitycriteria set out in Attachment N to the Tariff, Interconnection Customer shall,in addition to any payments and credits provided for in Sections 11.4.1 and11.4.2, be entitled to Deferral Credits against the non-usage sensitive portionof transmission charges as provided for in Attachment N to the Tariff.11.4.4 11.4.3 Other Rights. Notwithstanding any other provision of this LGIASGIA,nothing herein shall be construed as relinquishing or foreclosing any rights,including but not limited to firm transmission rights, capacity rights,transmission congestion rights, or transmission credits, that InterconnectionCustomer, shall be entitled to, now or in the future under any other agreementor tariff as a result of, or otherwise associated with, the transmission capacity,- 42 -DM_VAN/BCT0007-BCT00129/6206155.10