11.2 Negotiation.Notwithstanding Section 11.1, at the request of Interconnection Customer <strong>Transmission</strong>Provider shall begin negotiations with Interconnection Customer concerning theappendices A through D to the LGIASGIA at any time after Interconnection Customerexecutes the<strong>Transmission</strong> Provider delivers the draft Interconnection Facilities StudyAgreement. report to Interconnection Customer pursuant to Section 8.4. Following suchrequest, or where no such request is made, following receipt by <strong>Transmission</strong> Provider ofthe completed draft appendices to the SGIA from Interconnection Customer pursuant toSection 11.1, <strong>Transmission</strong> Provider and Interconnection Customer shall negotiateconcerning any disputed provisions of the appendices A through D to the draftLGIASGIA for not more than sixty (60) Calendar Days after <strong>Transmission</strong> Provider’stender of the final Interconnection Facilities Study Report.SGIA and draft appendicespursuant to Section 11.1. If Interconnection Customer determines that negotiations are atan impasse, it may request termination of the negotiations at any time after tender of theLGIA pursuant to Section 11.1 and request submission of the unexecuted LGIA withFERC or initiate Dispute Resolution procedures pursuant to Section 13.5. If<strong>Transmission</strong>Provider’s tender of the SGIA and draft appendices pursuant to Section 11.1.<strong>Transmission</strong> Provider shall provide to Interconnection Customer requests termination ofthe negotiations, but within sixty (60) Calendar Days thereafter fails to request either thefiling of the unexecuted LGIA or initiate Dispute Resolution, it shall be deemed to havewithdrawn its Interconnection Requesta final SGIA within fifteen (15) Business Daysafter the completion of the negotiation process. Unless otherwise agreed by the Parties, ifInterconnection Customer has not executed the LGIAa final SGIA, requested filing of anunexecuted LGIASGIA with the Commission, or initiated Dispute Resolution procedurespursuant to Section 13.5 within sixty days of tender of completed draft of the LGIAappendices13.5, within thirty (30) Calendar Days of <strong>Transmission</strong> Provider’s tender of afinal SGIA, it shall be deemed to have wit hdrawn its Interconnection Request.<strong>Transmission</strong> Provider shall provide to Interconnection Customer a final LGIA withinfifteen (15) Business Days after the completion of the negotiation process.11.3 Execution and Filing.Within fifteen (15) Business Days after receipt of the final LGIA,If InterconnectionCustomer shall provide <strong>Transmission</strong> Provider (A) reasonable evidence that continuedSite Control or (B) posting of $250,000, non-refundable additional security, which shallbe applied toward future construction costsexecutes a final SGIA, it shall execute twooriginals of the tendered final SGIA and return them to <strong>Transmission</strong> Provider. At thesame time, Interconnection Customer also shall provide reasonable evidence that one ormore of the following milestones in the development of the Large Generating Facility, atInterconnection Customer election, has been achieved: (i) the execution of a contract forthe supply or transportation of fuel to the Large Generating Facility; (ii) the execution ofa contract for the supply of cooling water to the Large Generating Facility; (iii) executionof a contract for the engineering for, procurement of major equipment for, or constructionof, the Large Generating Facility; (iv) execution of a contract for the sale of electricenergy or capacity from the Large Generating Facility; or (v) application for an air, water,or land use permit.DM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00132/6213742.16216529.6 - 30 30-
If Interconnection Customer shall either: (i) execute two originals of the tendered LGIAand return them to <strong>Transmission</strong> Provider; or (ii) requestrequests in writing that<strong>Transmission</strong> Provider file with FERCthe Commission an LGIASGIA in unexecutedform. As, <strong>Transmission</strong> Provider shall, as soon as practicable, but not later than ten (10)Business Days after receiving either the two executed originals of the tendered LGIA (ifit does not conform with a FERC-approved standard form of interconnection agreement)or thea request to file an unexecuted LGIA, <strong>Transmission</strong> Provider shall file the LGIAwith FERCSGIA with the Commission, file an SGIA with Commission, together with itsexplanation of any matters as to which Interconnection Customer and <strong>Transmission</strong>Provider disagree and support for the costs that <strong>Transmission</strong> Provider proposes to chargeto Interconnection Customer under the LGIASGIA. An unexecuted LGIASGIA shouldcontain terms and conditions deemed appropriate by <strong>Transmission</strong> Provider for theInterconnection Request. If the Parties agree to proceed with design, procurement, andconstruction of facilities and upgrades under the agreed-upon terms of the unexecutedLGIASGIA, they may proceed pending FERC actionsubject to the Commission orderingotherwise.11.4 Commencement of Interconnection Activities.If Interconnection Customer executes the final LGIASGIA, <strong>Transmission</strong> Provider andInterconnection Customer shall perform their respective obligations in accordance withthe terms of the LGIASGIA, subject to modification by FERCthe Commission. Uponsubmission of an unexecuted LGIASGIA, Interconnection Customer and <strong>Transmission</strong>Provider shall promptly comply with the unexecuted LGIASGIA, subject to modificationby FERCthe Commission.Section 12.Construction of <strong>Transmission</strong> Provider's Interconnection Facilities andNetwork Upgrades.12.1 Schedule.<strong>Transmission</strong> Provider and Interconnection Customer shall negotiate in good faithconcerning a schedule for the construction of <strong>Transmission</strong> Provider's InterconnectionFacilities and the Network Upgrades.12.2 Construction Sequencing.12.2.1 General.In general, the In-Service Date of an Interconnection Customers seeking interconnectionto the <strong>Transmission</strong> System will determine the sequence of construction of NetworkUpgrades.12.2.2 Advance Construction of Network Upgrades that are an Obligation of anEntity other than Interconnection Customer.An Interconnection Customer with an LGIASGIA, in order to maintain its In-ServiceDate, may request that <strong>Transmission</strong> Provider advance to the extent necessary theDM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00132/6213742.16216529.6 - 31 31-
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taxing authority or power; provided
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Joint Operating Committee shall be
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usiness relationship between Interc
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2.3.4 2.3.3 Notwithstanding Article
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Customer's Large Generating Facilit
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Milestones; Transmission Provider s
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time, request a progress report fro
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normal operation of the Granting Pa
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service, (i) Interconnection Custom
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5.17.9 Taxes Other Than Income Taxe
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6.3 Right to Observe Testing. Each
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The following provisions shall appl
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with the protective requirements of
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operating, maintaining, repairing,
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if any, created by the Network Upgr
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esolution of such dispute. If Inter
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13.6 Interconnection Customer Autho
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Breach, the non-breaching Party sha
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18.3.1 Employers' Liability and Wor
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Customer shall have the right to as
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waiver by either Party or any other
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Article 23Article 23. . Environment
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with the provisions of this LGIASGI
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usiness or financial relationships
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29.1.5 Ensure that information is b
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LGIA shall limit the rights of the
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Section IV of Annex A thereof, and,
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Appendix G to SGIADispute Resolutio
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