Confidential Information shall mean any confidential, proprietary or trade secret information ofa plan, specification, pattern, procedure, design, device, list, concept, policy or compilationrelating to the present or planned business of a Party, which is designated as confidential by theParty supplying the information, whether conveyed orally, electronically, in writing, throughinspection, or otherwise.Control Area shall mean an electrical system or systems bounded by interconnection meteringand telemetry, capable of controlling generation to maintain its interchange schedule with otherControl Areas and contributing to frequency regulation of the interconnection. A Control Areamust be certified by the Applicable Reliability Council.Default shall mean the failure of a Breaching Party to cure its Breach in accordance with Article17 of thethis Standard Large Generator Interconnection Agreement.Dispute Resolution shall mean the procedure for resolution of a dispute between the Parties inwhich they will first attempt to resolve the dispute on an informal basis.as set out in <strong>Appendix</strong> Gto the SGIA.Distribution System shall mean the <strong>Transmission</strong> Provider’s facilities and equipment used totransmit electricity to ultimate usage points such as homes and industries directly from nearbygenerators or from interchanges with higher voltage transmission networks which transport bulkpower over longer distances. The voltage levels at which distribution systems operate differamong areas.Distribution Upgrades shall mean the additions, modifications, and upgrades to the<strong>Transmission</strong> Provider’s Distribution System at or beyond the Point of Interconnection tofacilitate interconnection of the Generating Facility and render the transmission servicenecessary to effect Interconnection Customer’s wholesale sale of electricity in interstatecommerce. Distribution Upgrades do not include Interconnection Facilities.Effective Date shall mean, subject to Article 18.4, the date on which thethis Standard LargeGenerator Interconnection Agreement becomes effective upon execution by the Parties subject toacceptance by FERCthe Commission (if applicable), or if filed unexecuted, upon the datespecified by FERCthe Commission.Emergency Condition shall mean a condition or situation: (1) that in the judgment of the Partymaking the claim is imminently likely to endanger life or property; or (2) that, in the case of a<strong>Transmission</strong> Provider, is imminently likely (as determined in a non-discriminatory manner) tocause a material adverse effect on the security of, or damage to <strong>Transmission</strong> Provider’s<strong>Transmission</strong> System, <strong>Transmission</strong> Provider’s Interconnection Facilities or the electric systemsof others to which the <strong>Transmission</strong> Provider’s <strong>Transmission</strong> System is directly connected; or (3)that, in the case of Interconnection Customer, is imminently likely (as determined in a nondiscriminatorymanner) to cause a material adverse effect on the security of, or damage to, theGenerating Facility or Interconnection Customer’s Interconnection Facilities. System restorationand black start shall be considered Emergency Conditions; provided, that InterconnectionCustomer is not obligated by thethis Standard Large Generator Interconnection Agreement topossess black start capability.- 3 -DM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00129/6206155.10
Energy Resource Interconnection Service shall mean an Interconnection Service that allowsthe Interconnection Customer to connect its Generating Facility to the <strong>Transmission</strong> Provider’s<strong>Transmission</strong> System to be eligible to deliver the Generating Facility’s electric output using theexisting firm or nonfirm capacity of the <strong>Transmission</strong> Provider’s <strong>Transmission</strong> System on an asavailable basis. Energy Resource Interconnection Service in and of itself does not conveytransmission service.Engineering & Procurement (E&P) Agreement shall mean an agreement that authorizes the<strong>Transmission</strong> Provider to begin engineering and procurement of long lead-time items necessaryfor the establishment of the interconnection in order to advance the implementation of theInterconnection Request.Environmental Law shall mean Applicable Laws or Regulations relating to pollution orprotection of the environment or natural resources.Federal Power Act shall mean the Federal Power Act, as amended, 16 U.S.C. §§ 79la et seq.FERC shall mean the Federal Energy Regulatory Commission (Commission) or its successor.Force Majeure shall mean any act of God, laborlabour disturbance, act of the public enemy,war, insurrection, riot, fire, storm or flood, explosion, breakage or accident to machinery orequipment, any order, regulation or restriction imposed by governmental, military or lawfullyestablished civilian authorities, or any other causedcause beyond a Party’s control. A ForceMajeure event does not include acts of negligence or intentional wrongdoing by the Partyclaiming Force Majeure.Generating Facility shall mean Interconnection Customer’s device for the production ofelectricity identified in the Interconnection Request<strong>Appendix</strong> C, but shall not include theInterconnection Customer’s Interconnection Facilities.Generating Facility Capacity shall mean the net capacity of the Generating Facility and theaggregate net capacity of the Generating Facility where it includes multiple energy productiondevices.Good Utility Practice shall mean any of the practices, methods and acts engaged in or approvedby a significant portion of the electric industry during the relevant time period, or any of thepractices, methods and acts which, in the exercise of reasonable judgment in light of the factsknown at the time the decision was made, could have been expected to accomplish the desiredresult at a reasonable cost consistent with good business practices, reliability, safety andexpedition. Good Utility Practice is not intended to be limited to the optimum practice, method,or act to the exclusion of all others, but rather to be acceptable practices, methods, or actsgenerally accepted in the region.Governmental Authority shall mean any federal, stateprovincial, local or other governmentalregulatory or administrative agency, court, commission, department, board, or othergovernmental subdivision, legislature, rulemaking board, tribunal, or other governmentalauthority having jurisdiction over the Parties, their respective facilities, or the respective servicesthey provide, and exercising or entitled to exercise any administrative, executive, police, or- 4 -DM_VAN/<strong>BC</strong>T0007-<strong>BC</strong>T00129/6206155.10
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TABLE OF CONTENTS(continued)PageSec
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TABLE OF CONTENTSPageSection 1.Defi
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Effective Date shall mean the date
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Provider's Transmission System. Int
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sale to third parties or otherwise
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2.3 Base Case Data.Transmission Pro
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3.3 Valid Interconnection Request.L
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Interconnection Requests that have
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4.2 Clustering.At Transmission Prov
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4.4.1 Permitted Modifications Befor
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as of the effective date of this LG
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6.3 Interconnection Feasibility Stu
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case of Clustering, the Interconnec
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Transmission Provider may invoice I
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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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Appendix B to LGIASGIAMilestones- 6
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Appendix D to LGIASGIASecurity Arra
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Appendix FE to LGIASGIAAddresses fo
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Section IV of Annex A thereof, and,
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Appendix G to SGIADispute Resolutio
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Appendix H to SGIATransmission Owne
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