operating in accordance with the specifications set forth on the applicable Schedule, and (ii) energy is delivered
<br />through such Solar Power Facility's meter to the Site's electrical system under an Interconnection Agreement
<br />"Contract Term" means the period commencing on the Execution Date and continuing so long as any Schedule
<br />Term is in effect.
<br />"Customer Generator" means a non-utility owner or operator of net metered distributed generation system with
<br />a nameplate capacity of not greater than 50 kW if installed at a residential service or not larger than 3,000 kW
<br />at other locations, except for customers whose systems are above 3 MW and up to 5 MW who make their systems
<br />available to operate in parallel with electric utility during grid emergencies as defined by the regional
<br />transmission organization or where a microgrid is in place for the primary or secondary purposes of maintaining
<br />critical infrastructure, such as homeland security assignments, emergency services facilities, hospitals, traffic
<br />signals, wastewater treatment plants or telecommunications facilities, provided that technical rules for operating
<br />generators interconnected with facilities of an EDC, electric cooperative or municipal electric system have been
<br />promulgated by the institute of electrical and electronic engineers and the Commission.
<br />"Electric Distribution Company" or "EDC" means the public utility providing facilities for the jurisdictional
<br />transmission and distribution of electricity to retail customers, except building or facility owners/operators that
<br />manage the internal distribution system serving the building or facility and that supply electric power and other
<br />related electric power services to occupants of the building or facility.
<br />"Electric Generation Supplier' or "EGS"(i) A person or corporation, including municipal corporations which
<br />choose to provide service outside their municipal limits except to the extent provided prior to December 16,
<br />2006, brokers and marketers, aggregators or any other entities, that sells to end use customers electricity or
<br />related services utilizing the jurisdictional transmission and distribution facilities of an EDC or that purchases,
<br />brokers, arranges or markets electricity or related services for sale to end-use customers utilizing the
<br />jurisdictional transmission and distribution facilities of an EDC, (ii) The term excludes building or facility
<br />owner/operators that manage the internal distribution system serving the building or facility and that supply
<br />electric power and other related power services to occupants of the building or facility.
<br />"Electric Power" means the total quantity of electricity generated by the Solar Power Facilities and delivered to
<br />the Point(s) of Delivery and the generation -related products, services and attributes described in detail on the
<br />Schedules. For the avoidance of doubt, Electric Power does not include Environmental Incentives.
<br />"Environmental Attributes" means the characteristics of electric power generation at each Solar Power Facility
<br />that have intrinsic value, separate and apart from the Electric Power, arising from the perceived environmental
<br />benefits of such Solar Power Facility or the Electric Power, including but not limited to all environmental and
<br />other attributes that differentiate such Solar Power Facility or the Electric Power from energy generated by fossil -
<br />fuel based generation units, fuels or resources, characteristics of such Solar Power Facility that may result in the
<br />avoidance of environmental impacts on air, soil or water, such as the absence of emission of any oxides of
<br />nitrogen, sulfur or carbon or of mercury, or other gas or chemical, soot, particulate matter or other substances
<br />attributable to such Solar Power Facility or the compliance of such Solar Power Facility or the Electric Power
<br />with the law, rules and standards of the United Nations Framework Convention on Climate Change (the
<br />"UNFCCC') or the Kyoto Protocol to the UNFCCC or crediting "early action" with a view thereto, or laws or
<br />regulations involving or administered by the Clean Air Markets Division of the Environmental Protection
<br />Agency or successor administrator or any state or federal entity given jurisdiction over a program involving
<br />transferability of rights arising from Environmental Attributes and Reporting Rights.
<br />"Environmental Incentives" means all rights, credits (including tax credits and other tax benefits), rebates,
<br />incentives, benefits, reductions, offsets, and allowances and entitlements of any kind, howsoever entitled or
<br />named (including carbon credits and allowances and emission reduction credits and offsets), whether arising
<br />under federal, state or local law, international treaty, trade association membership or the like, arising from the
<br />Environmental Attributes of any Solar Power Facility or the Electric Power or otherwise from the development
<br />or installation of such Solar Power Facility or the production, sale, purchase, consumption or use of the Electric
<br />Power that are in effect as of the Execution Date or may come into effect in the future. Without limiting the
<br />foregoing, "Environmental Incentives" includes, green tags, renewable energy credits, tradable renewable
<br />Page 2 of 30
<br />SE PPA 11/11/15
<br />
|