BIOENERGY MARKET ADJUSTING TARIFF POWER
PURCHASE AGREEMENT
APPENDIX A -- DEFINITIONS
“Schedule,” “Scheduled” or “Scheduling” means the action of Buyer in submitting bids to the CAISO and receiving all CAISO markets results from the CAISO; provided that a CAISO market result where the Facility is instructed to deliver zero (0) MWhs is not considered a “Schedule” for purposes of this Agreement. “Scheduling Coordinator” or “SC” means an entity certified by the CAISO as qualifying as a Scheduling Coordinator pursuant to the CAISO Tariff, for the purposes of undertaking the functions specified in “Responsibilities of a Scheduling Coordinator” of the CAISO Tariff, as amended from time to time. “Seller” has the meaning set forth in the Cover Sheet.
“Seller Excuse Hours” means those hours during which Seller is unable to schedule or deliver Energy to Buyer as a result of (a) a Force Majeure event, (b) Buyer’s failure to perform, or (c) curtailment under Section 5.8. “Seller’s WREGIS Account” has the meaning set forth in Section 3.3.1. [For Facilities (1) 0.5 MW or greater and (2) eligible for a CAISO revenue meter.]
“Settlement Amount” is the amount in U.S. dollars equal to the non-defaulting Party’s aggregate Losses and Costs less any Gains determined as of the Early Termination Date. “Settlement Interval” has the meaning set forth in the CAISO Tariff. “Site” means the real property on which the Facility is, or will be, located, as further described in the Cover Sheet.
“Site Control” means the Seller: (a) owns the Site, (b) leases the Site, (c) is the holder of a right- of-way grant or similar instrument with respect to the Site, or (d) prior to the Commercial Operation Date, has the unilaterally exercisable contractual right to acquire or cause to be acquired on its behalf any of (a), (b), or (c). “Site Host Load” means the electric energy produced by or associated with the Facility that serves electrical loads (that are not Station Use) of Seller or one or more third parties conducted pursuant to California Public Utilities Code Section 218(b).
“Station Use” means energy consumed within the Facility’s electric energy distribution system as losses, as well as energy used to operate the Facility’s auxiliary equipment. The auxiliary equipment may include, but is not limited to, forced and induced draft fans, cooling towers, boiler feeds pumps, lubricating oil systems, plant lighting, fuel handling systems, control systems, and sump pumps. “Surplus Delivered Energy” has the meaning set forth in Section 2.6.2. “Telemetering System” means a system of electronic components that (a) collects all required telemetry in accordance with the applicable interconnection tariff, as well as all relevant telemetry requirements as set by the CAISO and applicable interconnection tariffs, standards, guidance documents, or as required in an interconnection study or review process, and Buyer operational requirements and (b) communicates this telemetry to the CAISO and Buyer as required by applicable tariff or this Agreement. The Telemetering System does not include other components of the Facility that do not collect or communicate such required telemetry, including but not limited to, Seller’s system control and data acquisition systems.
“Term” has the meaning set forth in Section 2.4.1.
BIOENERGY MARKET ADJUSTING TARIFF POWER
PURCHASE AGREEMENT
APPENDIX A -- DEFINITIONS
“Termination Payment” has the meaning set forth in section 13.5.1. [For all Projects with a High Hazard Fuel Requirement]
“TOD Periods” means the time of delivery periods set forth in Appendix C. “Total Fuel Use” means Fuel Use that is delivered to the Project. [For all Projects with a High Hazard Fuel Requirement]
“Transaction” means the particular transaction described in Section 2.3. “Transmission Delay” has the meaning set forth in Section 1.1.2.2.
“Transmission/Distribution Owner” means any entity or entities responsible for the interconnection of the Facility or transmitting the Delivered Energy on behalf of Seller from the Facility to the Delivery Point. “Useful Thermal Energy Output” has the meaning set forth in 18 CFR §292.202(h) and modified by the Energy Policy Act of 2005, or any successor thereto. [For cogeneration Facilities] “Verification of Fuel Source and Delivery” has the meaning set forth in Section 4.4.3. [For all Projects with a High Hazard Fuel Requirement]
“WECC” means the Western Electricity Coordinating Council, the regional reliability council for the Western United States, Northwestern Mexico and Southwestern Canada. “WMDVBE” means women, minority and disabled veteran-owned business enterprise as contemplated by CPUC General Order 156.
“WREGIS” means the Western Renewable Energy Generating Information System or any successor renewable energy tracking program.
“WREGIS Certificate Deficit” has the meaning set forth in Section 3.3.5. [For Facilities (1) 0.5 MW or greater and (2) eligible for a CAISO revenue meter.]
“WREGIS Certificates” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard. [For Facilities (1) 0.5 MW or greater and (2) eligible for a CAISO revenue meter.] “WREGIS Operating Rules” means those operating rules and requirements adopted by WREGIS as of December 2010, as subsequently amended, supplemented or replaced (in whole or in part) from time to time. [For Facilities (1) 0.5 MW or greater and (2) eligible for a CAISO revenue meter.] *** End of Appendix A ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX B – COMMERCIAL OPERATION DATE
CONFIRMATION LETTER
APPENDIX B – COMMERCIAL OPERATION DATE CONFIRMATION LETTER In accordance with the terms of that certain Power Purchase Agreement dated (“Agreement”) for the Facility named by and between [CCA] (“Buyer”) and (“Seller”), this letter serves to
document the Parties further agreement that (i) the conditions precedent to the occurrence of the Commercial Operation Date as required under Section 2.5 have been satisfied, and (ii) Seller has scheduled and Buyer has received the Energy, as specified in the Agreement, as of this day of , . This letter shall confirm the Commercial Operation Date, as defined in the Agreement, as the date referenced in the preceding sentence.
IN WITNESS WHEREOF, each Party has caused this Agreement to be duly executed by its authorized representative as of the date of last signature provided below:
By: By: [CCA]
(Seller) (Buyer)
(Signature) (Signature)
(Type/Print Name) (Type/Print Name)
(Title) (Title)
(Date) (Date)
*** End of Appendix B ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX C – TIME OF DELIVERY PERIODS AND
PAYMENT ALLOCATION FACTORS
APPENDIX C – TIME OF DELIVERY PERIODS AND PAYMENT ALLOCATION FACTORS Energy-Only Payment Allocation Factors
Monthly Period 1. Peak 2. Mid-Day 3. Night
July – September 1.000 1.000 1.000
October- February 1.000 1.000 1.000
March – June 1.000 1.000 1.000
Full Capacity Deliverability Payment Allocation Factors Monthly Period 1. Peak 2. Mid-Day 3. Night
July – September 1.000 1.000 1.000
October- February 1.000 1.000 1.000
March – June 1.000 1.000 1.000
Definitions:
1. Peak = hours ending 18 - 22 (Pacific Prevailing Time (PPT)) for all days in the applicable Monthly Period.
2. Mid-Day = hours ending 09 - 17 PPT for all days in the applicable Monthly Period.
3. Night = hours ending 23 - 08 PPT for all days in the applicable Monthly Period. *** End of Appendix C ***
BIOENERGY MARKET ADJUSTING
TARIFF POWER PURCHASE AGREEMENT
APPENDIX D – FORECASTING AND OUTAGE
NOTIFICATION REQUIREMENTS
APPENDIX D – FORECASTING AND OUTAGE NOTIFICATION REQUIREMENTS The Parties shall abide by the forecasting and outage requirements and procedures described below and shall agree upon reasonable changes to these requirements and procedures from time-to-time as necessary to (i) comply with Buyer’s instructions or the CAISO Tariff, as applicable; (ii) accommodate changes to their respective generation technology and organizational structure; and (iii) address changes in the operating and Scheduling procedures of both Buyer.
A. NOTIFICATION REQUIREMENTS FOR START-UP AND SHUTDOWN
Prior to paralleling to or after disconnecting from the electric system, ALWAYS follow your balancing authority rules and notify your applicable Transmission/Distribution Owner localswitching center and notify Buyer’s Real Time Desk by telephone as follows:
• Contact the applicable Transmission/Distribution Owner local switching center and Buyer’s Real Time Desk to parallel before any start-up
• Contact the applicable Transmission/Distribution Owner local switching center and Buyer’s Real Time Desk again with parallel time after start-up. • Contact the applicable Transmission/Distribution Owner local switching center and Buyer’s Real Time Desk after any separation and report the separation time as well as the date and time estimate for return to service.
Buyer’s Real Time Desk Primary Telephone: _____________________.
If the primary telephone is unavailable, attempt to make contact using the following numbers in the order listed: _________________________.
B. SUBMISSION OF EXPECTED GENERATION OUTPUT AND PROJECT OUTAGES
1. Submit information by posting to [CCA]’s approved web-based system.
2. If the website is unavailable, implement the procedures set forth below:
a. For all email correspondence, enter the following in the email subject field: Contract Name, Email Purpose, Delivery Date Range, (For example: “XYZ Company Project #2 Daily Forecast of Expected Generation Output for dd/mm/yyyy through dd/mm/yyyy”) b. For Annual Forecasts of Expected Generation Output, email to ________________________.
c. For Monthly and Day-Ahead Forecasts of Expected Generation Output, email to _______________________.
d. For Day-Ahead Forecasts of Expected Generation Output after fourteen (14) hours before the WECC Preschedule Day, but before the CAISO deadline for submitting
BIOENERGY MARKET ADJUSTING
TARIFF POWER PURCHASE AGREEMENT
APPENDIX D – FORECASTING AND OUTAGE
NOTIFICATION REQUIREMENTS
Day-Ahead Schedules, call primary phone ______________ or backup phone (_____________. Also send email to ____________________. e. For Hourly Forecasts of Expected Generation Output, call [CCA’s] Real Time Desk at _____________ and email to _________________. If this phone number is unavailable, see secondary contacts in A of this Appendix.
f. For Planned Outages and prolonged outages, complete the specifics below and submit by email to _____________________ .
g. For Forced Outages, complete the specifics below and submit by email to _________________.
i. Email subject Field: XYZ Company Project #2 Outage Notification for dd/mm/yyyy through dd/mm/yyyy
ii. Email body:
1. Type of Outage: Planned Outage, Forced Outage, Prolonged Outage
2. Start Date and Start Time
3. Estimated or Actual End Date and End Time
4. Date and time when reported to [CCA] and name(s) of [CCA] representative(s) contacted
5. Text description of additional information as needed, including, but not limited to, changes to a Planned Outage, Prolonged Outage or Forced Outage.
C. EXPECTED GENERATION OUTPUT FORECASTING.
Seller shall provide the Expected Generation Output forecasts described below.
1. Annual Forecast of Expected Generation Output. No later than (I) the earlier of July 1 of the first calendar year following the Execution Date or one hundred and eighty (180) days before the first day of the first Contract Year of the Delivery Term (“First Annual Forecast Date”), and (II) on or before July 1 for each calendar year from the First Annual Forecast Date for every subsequent Contract Year during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly Expected Generation Output for each day in each month of the following calendar year in a form reasonably acceptable to Buyer.
2. Monthly Forecast of Expected Generation Output. Ten (10) Business Days before the beginning of each month during the Delivery Term, Seller shall provide to Buyer a non-binding forecast of the hourly Expected Generation Output for each day of the following month in a form reasonably acceptable to Buyer.
3. Day-Ahead Forecast of Expected Generation Output. During each month of the Delivery Term, Seller or Seller’s agent shall provide a binding Day-Ahead forecast of Expected Generation Output to Buyer via Buyer’s internet website for each day no later than fourteen (14) hours before the beginning
BIOENERGY MARKET ADJUSTING
TARIFF POWER PURCHASE AGREEMENT
APPENDIX D – FORECASTING AND OUTAGE
NOTIFICATION REQUIREMENTS
of the “Preschedule Day” (as defined by the WECC) for such day. The current industry standard Preschedule Day timetable in the WECC is as follows:
(1) Monday - Preschedule Day for Tuesday
(2) Tuesday - Preschedule Day for Wednesday
(3) Wednesday - Preschedule Day for Thursday
(4) Thursday - Preschedule Day for Friday and Saturday
(5) Friday - Preschedule Day for Sunday and Monday
Exceptions to this standard Monday through Friday Preschedule Day timetable are presently set forth by the WECC in order to accommodate holidays, monthly transitions and other events. Exceptions are posted on the WECC website (www.wecc.biz) under the document title, “Preschedule Calendar.” Each Day-Ahead Expected Generation Notice shall clearly identify, for each hour, Seller’s forecast of all amounts of Expected Generation Output pursuant to this Agreement. If the Expected Generation Output changes as of a time that is more than fourteen (14) hours prior to the Preschedule Day but prior to the CAISO deadline for Day-Ahead Schedules, then Seller must notify Buyer through the method preferred by Buyer. Such Notices shall contain information regarding the beginning date and time of the event resulting in the change in Expected Generation Output, the expected end date and time of such event, the Expected Generation Output in MW (AC), and any other necessary information.
Day-Ahead Desk
Primary Telephone:
Backup Telephone:
If Seller fails to provide Buyer with a Day-Ahead Forecast of Expected Generation Output as required herein, then, (I) until Seller provides a Day-Ahead Forecast of Expected Generation Output, Buyer may rely on the most recent Day-Ahead Forecast of Expected Generation Output submitted by Seller to Buyer and Seller and (II) Seller may be subject to penalties and charges as provided in this Agreement.
4. Hourly Forecast of Expected Generation Output. During the Delivery Term, Seller shall notify Buyer of any changes in Expected Generation Output of one (1) MW (AC) or more through the method preferred by Buyer, whether due to Forced Outage, Force Majeure or other cause, as soon as reasonably possible, but no later than one (1) hour before Buyer is required to submit Hour-Ahead schedules to the CAISO. Expected Generation Output changes after one (1) hour before the CAISO deadline for Hour-Ahead Schedules, but before the CAISO Hour-Ahead deadline, shall also be reported by Seller to Buyer as soon as reasonably possible. Such Notices shall contain information regarding the beginning date and time of the event resulting in the change in Expected Generation Output, the expected end date and time of such event, the Expected Generation Output in MW (AC), and any other information required by the CAISO or reasonably requested by Buyer. With respect to any Forced Outage, Seller shall use commercially reasonable efforts to notify Buyer of such outage within ten (10) minutes of the commencement of the Forced Outage. Seller shall inform Buyer of any developments that will affect either the duration of such outage or the availability of the Project during or after the end of such outage. These notices and changes to Expected Generation Output shall be communicated by telephone to Buyer’s Hour-Ahead Trading Desk and shall be sent to Buyer’s internet website:
Hour-Ahead Desk
Primary Telephone:
BIOENERGY MARKET ADJUSTING
TARIFF POWER PURCHASE AGREEMENT
APPENDIX D – FORECASTING AND OUTAGE
NOTIFICATION REQUIREMENTS
If this phone number is unavailable, see secondary contacts in A of this Appendix.
5. Buyer Provision of Forecasting Services. Seller may request that Buyer perform forecasting services required by this Appendix D if it is reasonably practicable for such forecasting services to be performed by a person or entity other than Seller. Buyer may perform such services directly or retain a third-party to perform such services. Buyer may charge a reasonable fee for any such services, which, in the case Buyer retains a third-party, may include a reasonable administration fee in addition to the fee any such third-party charges Buyer. *** End of Appendix D ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX E – TELEMETRY REQUIREMENTS
APPENDIX E – TELEMETRY REQUIREMENTS
Telemetering System.
Seller shall install and maintain a Telemetering System at the Facility, as required by the applicable interconnection tariff. For the avoidance of doubt, Seller must follow all relevant telemetry requirements as set by the CAISO and applicable interconnection tariffs, standards, guidance documents, or as required in an interconnection study or review process.
The Telemetering System must be included in the systems engineering tasks as a part of the construction of the Facility, and must be fully functional before Commercial Operation Date. *** End of Appendix E ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX F – GUARANTEED ENERGY
PRODUCTION DAMAGES
APPENDIX F – GUARANTEED ENERGY PRODUCTION DAMAGES
In accordance with the provisions in Section 11.2, GEP Damages means the liquidated damages payment due by Seller to Buyer, calculated on an annual basis for the applicable Performance Measurement Period as follows:
[(A-B) × (C-D)]
Where:
A = the Guaranteed Energy Production for the Performance Measurement Period, in MWh B = Sum of Delivered Energy over the Performance Measurement Period, in MWh C = Replacement price for the Performance Measurement Period, in $/MWh, reflecting the sum of (a) the simple average of the simple average of the Day-Ahead IFM hourly price, as published by the CAISO, for the Existing Zone Generation Trading Hub, in which the Project resides, plus (b) $50/MWh
D = the unweighted Contract Price for the Performance Measurement Period, in $/MWh The Parties agree that in the above calculation of GEP Damages, the result of “(C-D)” shall not be less than $20/MWh and shall be no greater than seventy five percent (75%) of the Contract Price (in $/MWh). Once GEP Damages have been paid with respect to a particular Performance Measurement Period, neither Contract Year in such Performance Measurement Period will be included in another Performance Measurement Period. *** End of Appendix F ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX G – FORM OF LETTER OF CREDIT
APPENDIX G – FORM OF LETTER OF CREDIT
Issuing Bank Letterhead and Address
STANDBY LETTER OF CREDIT NO.
Date: [insert issue date]
Beneficiary: [CCA name and address] Applicant: [Insert name and address of Applicant]
Letter of Credit Amount: [insert amount]
Expiry Date: [insert expiry date]
Ladies and Gentlemen:
By order of [insert name of Applicant] (“Applicant”),
we hereby issue in favor of [CCA] (the “Beneficiary”) our irrevocable standby letter of credit No. [insert number of letter of credit] (“Letter of Credit”), for the account of Applicant, for drawings up to but not to exceed the aggregate sum of U.S. $ [insert amount in figures followed by (amount in
words)] (“Letter of Credit Amount”). This Letter of Credit is available with [insert name of issuing bank, and the city and state in which it is located] by sight payment, at our offices located at the address stated below, effective immediately, and it will expire at our close of business on [insert expiry date] (the “Expiry Date”).
Funds under this Letter of Credit are available to the Beneficiary against presentation of the following documents (which may be presented by physical delivery or by facsimile, e-mail or other electronic transmission):
1. Beneficiary’s signed and dated sight draft in the form of Exhibit A hereto, referencing this Letter of Credit No. [insert number] and stating the amount of the demand; and
2. One of the following statements signed by an authorized representative or officer of Beneficiary:
A. “Pursuant to the terms of that certain Power Purchase Agreement (“PPA”), dated , between Beneficiary and _ [insert name of Seller under the PPA], Beneficiary is entitled to draw under Letter of Credit No. [insert number] amounts owed by [insert name of Seller under the
PPA] under the PPA; or
B. “Letter of Credit No. [insert number] will expire in thirty (30) days or less and [insert name of Seller under the PPA] has not
provided replacement security acceptable to Beneficiary.
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX G – FORM OF LETTER OF CREDIT
Special Conditions:
1. Partial and multiple drawings under this Letter of Credit are allowed;
2. All banking charges associated with this Letter of Credit are for the account of the Applicant;
3. This Letter of Credit is not transferable;
4. A drawing for an amount greater than the Letter of Credit Amount is allowed, however, payment shall not exceed the Letter of Credit Amount; and
5. The Expiry Date of this Letter of Credit shall be automatically extended without amendment for a period of one year and on each successive Expiry Date, unless at least sixty (60) days prior to the current Expiry Date, we send notice in writing to you by registered mail or courier that we elect not to extend this Letter of Credit for such additional period.
We engage with you that drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon presentation, on or before the Expiry Date (or after the Expiry Date as provided below), at our offices at [insert issuing bank’s address for drawings].
All demands for payment shall be made by presentation of copies or original documents, or by facsimile, e-mail, or other electronic transmission of documents to [insert fax number], Attention: [insert name of issuing bank’s receiving department] or [Insert e-mail or other electronic transmission address], with originals or copies of documents to follow by overnight mail. If presentation is made by facsimile transmission, you may contact us at [insert phone number] to confirm our receipt of the transmission. Your failure to seek such a telephone confirmation does not affect our obligation to honor such a presentation.
Our payments against complying presentations under this Letter of Credit will be made no later than on the sixth (6th) banking day following a complying presentation.
Except as stated herein, this Letter of Credit is not subject to any condition or qualification. It is our individual obligation, which is not contingent upon reimbursement and is not affected by any agreement, document, or instrument between us and the Applicant or between the Beneficiary and the Applicant or any other party.
Except as otherwise specifically stated herein, this Letter of Credit is subject to and governed by the Uniform Customs and Practice for Documentary Credits, 2007 Revision, International Chamber of Commerce (ICC) Publication No. 600 (the “UCP 600”); provided that if this Letter of Credit expires during an interruption of our business as described in Article 36 of the UCP 600, we will honor drafts presented in compliance with this Letter of Credit within thirty (30) days after the resumption of our business and effect payment accordingly.
The electronic copy of this Letter of Credit shall be the operative instrument until such time as the original is received. This Letter of Credit can be amended or terminated by facsimile, e-mail or other electronic transmission.
The law of the State of New York shall apply to any matters not covered by the UCP 600.
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX G – FORM OF LETTER OF CREDIT
For telephone assistance regarding this Letter of Credit, please contact us at [insert number and any other necessary details].
Very truly yours,
[insert name of issuing bank]
By:
Authorized Signature
Name:
[print or type name]
Title:
[Each page of the Letter of Credit shall contain a header or footer showing the Letter of Credit number and page number]
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX G – FORM OF LETTER OF CREDIT
Exhibit A SIGHT DRAFT
TO
[INSERT NAME AND ADDRESS OF PAYING BANK]
AMOUNT: $ DATE:
AT SIGHT OF THIS DEMAND PAY TO THE ORDER OF [CCA] THE AMOUNT OF U.S. $ U.S.
DOLLARS)
DRAWN UNDER
[INSERT NAME OF ISSUING BANK]
LETTER OF CREDIT NO. XXXXXX.
REMIT FUNDS AS FOLLOWS:
[INSERT PAYMENT INSTRUCTIONS]
DRAWER:
BY:
NAME AND TITLE:
*** End of Appendix G ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX H – FORM OF GENERAL CONSENT TO
ASSIGNMENT
APPENDIX H – FORM OF GENERAL CONSENT TO ASSIGNMENT
CONSENT TO ASSIGNMENT AND AGREEMENT
This Consent to Assignment and Agreement (“CTA”) is by and between [CCA] (“Buyer”), [describe CCA], [Counterparty] (“Assignor”),
[Enter type of company] and
[Enter Assignee Name] (“Assignee’), [Enter type of
company]. Buyer, Assignor and Assignee are sometimes referred to herein individually as “Party” and collectively as the “Parties”.
Buyer hereby consents to the assignment by Assignor to Assignee of the entirety of the rights, title and interest Assignor may have in and to the agreements described on Exhibit A attached hereto and incorporated herein by this reference the “Assigned Agreement(s)”, for the [Capacity_kW] [Fuel] project named [Facility_description]
([Buyer Identification or Log No.] [Buyer_Lognum]), located at [Facility_Street_Address] [Facility_City], [Facility_State] [Plant_Zip_code], as of the date of last signature hereunder (the “Effective Date”) under the following terms and conditions:
1. Assignor and Assignee recognize and acknowledge that Buyer makes no representation or warranty, expressed or implied, that Assignor has any right, title, or interest in the Assigned Agreement(s).
Assignee is responsible for satisfying itself as to the existence and extent of Assignor's right, title, and interest in the Assigned Agreement(s) and Assignor and Assignee expressly release Buyer from any liability resulting from or related to this CTA, including assignment for security if any, to which Buyer is consenting herein. Assignee and Assignor further release Buyer from any liability for consenting to any future assignments of the Agreement(s) by Assignee or Assignor.
2. Assignee hereby agrees that Assignee shall be jointly and severally liable to Buyer for each and every duty and obligation in the Assigned Agreement(s) now the sole responsibility of Assignor. To this end, Assignee hereby agrees to assume each and every such duty and obligation, including, but not limited to, satisfying the Collateral Requirements in the Assigned Agreements.
3. Assignor and Assignee hereby agree that they shall hold Buyer harmless from, and be jointly and severally liable to Buyer for, any third-party claims, losses, liabilities, damages, costs or expenses (including, without limitation, any direct, indirect or consequential claims, losses, liabilities, damages, costs or expenses, including legal fees) in connection with or arising out of any of the transactions contemplated by the assignment or this CTA.
4. Assignee acknowledges that the assignment of rights to it may be subject to previous assignments, liens or claims executed or arising prior to the Effective Date. Assignee agrees that it takes this assignment subject to any defenses or causes of action Buyer may have against Assignor.
5. Assignee hereby agrees that it will not assign any of the rights, title or interest in, or the duties and obligations under the Assigned Agreement(s) without the prior written consent of Buyer, unless otherwise specifically provided under the Assigned Agreement(s).
6. Assignor hereby requests that Buyer (i) henceforth make any payments which shall become due under the Assigned Agreement(s) to Assignee and (ii) substitute Assignee for Assignor as the notice addressee under the Assigned Agreement(s). Assignor releases Buyer from all liability for
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX H – FORM OF GENERAL CONSENT TO
ASSIGNMENT
making payment to Assignee, and Assignee releases Buyer from all liability for failure to direct such payments to Assignee rather than Assignor.
7. All notices hereunder shall be in writing and shall be effective when received; for purposes of this CTA, notices shall be deemed received (i) at the close of business on the date of receipt, if delivered by hand, or (ii) at the time and on the date of receipt of a facsimile, or (iii) when signed for by recipient, if sent via registered or certified mail, postage prepaid, or via courier; provided that, such notice was properly addressed to the appropriate address indicated on the signature page hereof or to such other address as a Party may designate by prior written notice to the other Parties.
8. Assignee and Assignor each agree that Buyer shall have (and Buyer hereby expressly reserves) the right to set off or deduct from payments due to Assignor, each and every amount due Buyer from Assignor arising out of or in connection with the Assigned Agreements in accordance with the terms of such Assigned Agreements or in accordance with applicable law. Assignee further agrees that it takes this assignment subject to any defenses or causes of action Buyer may have against Assignor.
9. Assignee and Assignor agree that any change in payment notification will become effective within 30 days receipt of written notice.
10. Other than as explicitly provided herein, this CTA is neither a modification of nor an amendment to the Assigned Agreement(s).
11. The Parties hereto agree that this CTA shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction.
12. No term, covenant or condition hereof shall be deemed waived and no breach excused unless such waiver or excuse shall be in writing and signed by the Party claimed to have so waived or excused. [CCA, describe]
[CCA address]
By:
Name:
Title:
Dated:
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX H – FORM OF GENERAL CONSENT TO
ASSIGNMENT
Assignor:
[Mailing_Street_Address]
[Mailing_City], [Mailing_State]
[Mailing_Zip_code]
Attn: [Enter title]
Assignee:
[Enter Assignee Address]
Attn: [Enter title]
[Counterparty], [Enter type of company]
By:
Name:
Title:
Dated:
[Enter Assignee company name], [Enter type of
company]
By:
Name:
Title:
Dated:
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX H – FORM OF GENERAL CONSENT TO
ASSIGNMENT
Exhibit A
Description of Assigned Agreement(s)
1. (List all relevant agreements between Buyer and Counterparty)
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX H – FORM OF GENERAL CONSENT TO
ASSIGNMENT
Exhibit B
Notices List for Assignee
Name: [Seller’s Name], a [include place of
formation and business type] (“Seller”)
All Notices: [Seller to complete]
Delivery Address:
Street:
City: State: Zip:
Mail Address: (if different from above) Attn:
Phone:
Facsimile:
Email:
DUNS:
Federal Tax ID Number:
Invoices:
Attn:
Phone:
Facsimile:
Email:
Scheduling:
Attn:
Phone:
Facsimile:
Email:
Payments:
Attn:
Phone:
Facsimile:
Email:
Wire Transfer:
BNK:
ABA:
ACCT:
Credit and Collections:
Attn:
Phone:
Facsimile:
Email:
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX H – FORM OF GENERAL CONSENT TO
ASSIGNMENT
With additional Notices of an Event of Default
to Contract Manager:
Attn:
Phone:
Facsimile:
Email:
*** End of Appendix H ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
APPENDIX I – FORM OF FINANCING CONSENT TO ASSIGNMENT
CONSENT AND AGREEMENT
This CONSENT AND AGREEMENT (“Consent and Agreement”) is entered into as of [ , 2 ], between [CCA] (“Buyer”), and [ ],
as collateral agent (in such capacity, “Financing Provider”) providing financing to [ ] (“Seller”). Buyer, Seller, and the Financing Provider shall each individually be referred to a “Party” and collectively as the “Parties.” Recitals
A. Pursuant to that certain Power Purchase Agreement dated as of , 2 (as amended, modified, supplemented or restated from time to time, as including all related agreements, instruments and documents, collectively, the “Assigned Agreement” and identified in Exhibit A) between Buyer and Seller, Buyer has agreed to purchase energy from Seller.
B. The Financing Provider has provided, or have agreed to provide, to Seller financing (including a financing lease) pursuant to one or more agreements (the “Financing Documents”), and require that Financing Provider be provided certain rights with respect to the “Assigned Agreement” and the “Assigned Agreement Accounts,” each as defined below, in connection with such financing.
C. In consideration for the execution and delivery of the Assigned Agreement, Buyer has agreed to enter into this Consent and Agreement for the benefit of Seller and Financing Provider.
Agreement
1. Definitions. Any capitalized term used but not defined herein shall have the meaning specified for such term in the Assigned Agreement.
2. Consent. Subject to the terms and conditions below, Buyer consents to and approves the pledge and assignment by Seller to Financing Provider pursuant to the Financing Documents of (a) the Assigned Agreement, and (b) the accounts, revenues and proceeds of the Assigned Agreement (collectively, the “Assigned Agreement Accounts”).
3. Limitations on Assignment. Financing Provider acknowledges and confirms that, notwithstanding any provision to the contrary under applicable law or in any Financing Document executed by Seller, Financing Provider shall not assume, sell or otherwise dispose of the Assigned Agreement (whether by foreclosure sale, conveyance in lieu of foreclosure or otherwise) unless, on or before the date of any such assumption, sale or disposition, Financing Provider or any third party, as the case may be, assuming, purchasing or otherwise acquiring the Assigned Agreement (a) cures any and all defaults of Seller under the Assigned Agreement which are capable of being cured and which are not personal to the Seller, (b) executes and delivers to Buyer a written assumption of all of Seller’s rights and obligations under the Assigned Agreement in form and substance reasonably satisfactory to Buyer, (c) otherwise satisfies and complies with all requirements of the Assigned Agreement, (d) provides such tax and enforceability assurance as Buyer may reasonably request, and (e) is a Permitted Transferee (as defined below).
Financing Provider further acknowledges that the assignment of the Assigned Agreement and the Assigned Agreement Accounts is for security purposes only and that Financing Provider has no rights under the Assigned Agreement or the Assigned Agreement Accounts to enforce the provisions of the Assigned Agreement or the Assigned Agreement Accounts unless and until an event of default has occurred and is continuing under the Financing Documents between Seller and Financing Provider (a
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
“Financing Default”), in which case Financing Provider shall be entitled to all of the rights and benefits and subject to all of the obligations which Seller then has or may have under the Assigned Agreement to the same extent and in the same manner as if Financing Provider were an original party to the Assigned Agreement. “Permitted Transferee” means any person or entity who is reasonably acceptable to Buyer. Financing Provider may from time to time, following the occurrence of a Financing Default, notify Buyer in writing of the identity of a proposed transferee of the Assigned Agreement, which proposed transferee may include Financing Provider, in connection with the enforcement of Financing Provider’s rights under the Financing Documents, and Buyer shall, within thirty (30) business days of its receipt of such written notice, confirm to Financing Provider whether or not such proposed transferee is a “Permitted Transferee” (together with a written statement of the reason(s) for any negative determination) it being understood that if Buyer shall fail to so respond within such thirty (30) business day period such proposed transferee shall be deemed to be a “Permitted Transferee”.
4. Cure Rights.
(a) Notice to Financing Provider by Buyer. Buyer shall, concurrently with the delivery of any notice of an event of default under the Assigned Agreement (each, an “Event of Default”) to Seller (a “Default Notice”), provide a copy of such Default Notice to Financing Provider pursuant to Section 9(a) of this Consent and Agreement. In addition, Seller shall provide a copy of the Default Notice to Financing Provider the next business day after receipt from Buyer, independent of any agreement of Buyer to deliver such Default Notice. (b) Cure Period Available to Financing Provider Prior to Any Termination by Buyer. Upon the occurrence of an Event of Default, subject to (i) the expiration of the relevant cure periods provided to Seller under the Assigned Agreement, and (ii) Section 4(a) above, Buyer shall not terminate the Assigned Agreement unless it or Seller provides Financing Provider with notice of the Event of Default and affords Financing Provider an Additional Cure Period (as defined below) to cure such Event of Default. For purposes of this Agreement “Additional Cure Period” means (i) with respect to a monetary default, ten (10) days in addition to the cure period (if any) provided to Seller in the Assigned Agreement, and (ii) with respect to a non-monetary default, thirty (30) days in addition to the cure period (if any) provided to Seller in the Assigned Agreement.
(c) Failure by Buyer to Deliver Default Notice. If neither Buyer nor Seller delivers a Default Notice to Financing Provider as provided in Section 4(a), the Financing Provider’s applicable cure period shall begin on the date on which notice of an Event of Default is delivered to Financing Provider by either Buyer or Seller. Except for a delay in the commencement of the cure period for Financing Provider and a delay in Buyer’s ability to terminate the Assigned Agreement (in each case only if both Buyer and Seller fail to deliver notice of an Event of Default to Financing Provider), failure of Buyer to deliver any Default Notice shall not waive Buyer’s right to take any action under the Assigned Agreement and will not subject Buyer to any damages or liability for failure to provide such notice.
(d) Extension for Foreclosure Proceedings. If possession of the Project (as defined in the Assigned Agreement) is necessary for Financing Provider to cure an Event of Default and Financing Provider commences foreclosure proceedings against Seller within thirty (30) days of receiving notice of an Event of Default from Buyer or Seller, whichever is received first, Financing Provider shall be allowed a reasonable additional period to complete such foreclosure proceedings, such period not to exceed ninety (90) days; provided, however, that Financing Provider shall provide a written notice to Buyer that it intends to commence foreclosure proceedings with respect to Seller within ten (10) business days of receiving a notice of such Event of Default from Buyer or Seller, whichever is received first. In the event Financing Provider succeeds to Seller’s interest in the Project as a result of foreclosure proceedings, the
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
Financing Provider or a purchaser or grantee pursuant to such foreclosure shall be subject to the requirements of Section 3 of this Consent and Agreement.
5. Setoffs and Deductions. Each of Seller and Financing Provider agrees that Buyer shall have the right to set off or deduct from payments due to Seller each and every amount due Buyer from Seller whether or not arising out of or in connection with the Assigned Agreement. Financing Provider further agrees that it takes the assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts subject to any defenses or causes of action Buyer may have against Seller.
6. No Representation or Warranty. Seller and Financing Provider each recognizes and acknowledges that Buyer makes no representation or warranty, express or implied, that Seller has any right, title, or interest in the Assigned Agreement or as to the priority of the assignment for security purposes of the Assigned Agreement or the Assigned Agreement Accounts. Financing Provider is responsible for satisfying itself as to the existence and extent of Seller’s right, title, and interest in the Assigned Agreement, and Financing Provider releases Buyer from any liability resulting from the assignment for security purposes of the Assigned Agreement and the Assigned Agreement Accounts.
7. Amendment to Assigned Agreement. Financing Provider acknowledges and agrees that Buyer may agree with Seller to modify or amend the Assigned Agreement, and that Buyer is not obligated to notify Financing Provider of any such amendment or modification to the Assigned Agreement. Financing Provider hereby releases Buyer from all liability arising out of or in connection with the making of any amendment or modification to the Assigned Agreement.
8. Payments under Assigned Agreement. Buyer shall make all payments due to Seller under the Assigned Agreement from and after the date hereof to [], as depositary agent, to ABA No. [ ], Account No. [ ], and Seller hereby irrevocably consents to any and all such payments being made in such manner.
Each of Seller, Buyer and Financing Provider agrees that each such payment by Buyer to such depositary agent of amounts due to Seller from Buyer under the Assigned Agreement shall satisfy Buyer’s corresponding payment obligation under the Assigned Agreement.
9. Miscellaneous.
(a) Notices. All notices hereunder shall be in writing and shall be deemed received (i) at the close of business of the date of receipt, if delivered by hand or by facsimile or other electronic means, or (ii) when signed for by recipient, if sent registered or certified mail, postage prepaid, provided such notice was properly addressed to the appropriate address indicated on the signature page hereof or to such other address as a party may designate by prior written notice to the other parties, at the address set forth below:
If to Financing Provider:
Name:
Address:
Attn:
Telephone:
Facsimile:
Email:
If to Buyer:
Name:
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
Address:
Attn:
Telephone:
Facsimile:
Email:
(b) No Assignment. This Consent and Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of Buyer, and shall be binding on and inure to the benefit of the Financing Provider and its respective successors and permitted transferees and assigns under the Financing Documents. (c) No Modification. This Consent and Agreement is neither a modification of nor an amendment to the Assigned Agreement.
(d) Choice of Law. The parties hereto agree that this Consent and Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. (e) No Waiver. No term, covenant or condition hereof shall be deemed waived and no breach excused unless such waiver or excuse shall be in writing and signed by the party claimed to have so waived or excused.
(f) Counterparts. This Consent and Agreement may be executed in one or more duplicate counterparts, and when executed and delivered by all the parties listed below, shall constitute a single binding agreement.
(g) No Third Party Beneficiaries. There are no third party beneficiaries to this Consent and Agreement.
(h) Severability. The invalidity or unenforceability of any provision of this Consent and Agreement shall not affect the validity or enforceability of any other provision of this Consent and Agreement, which shall remain in full force and effect. (i) Amendments. This Consent and Agreement may be modified, amended, or rescinded only by writing expressly referring to this Consent and Agreement and signed by all parties hereto.
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
IN WITNESS WHEREOF, each of Buyer and Financing Provider has duly executed this Consent and Agreement as of the date first written above.
(Financing Provider), as collateral agent
[CCA]
(Buyer)
(Signature) (Signature)
(Type/Print Name) (Type/Print Name)
(Title) (Title)
(Date) (Date)
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
ACKNOWLEDGEMENT
The undersigned hereby acknowledges the Consent and Agreement set forth above, makes the agreements set forth therein as applicable to Seller, including the obligation of Seller to provide a copy of any Default Notice it receives from Buyer to Financing Provider the next business day after receipt by Seller, and confirms that the Financing Provider identified above and the Secured Parties have provided or are providing financing to the undersigned. (Name of Seller)
(Signature)
(Type/Print Name)
(Title)
(Date)
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX I – FORM OF FINANCING CONSENT TO
ASSIGNMENT
Exhibit A
Description of Assigned Agreement(s)
1. (List all relevant agreements between Buyer and Counterparty) *** End of Appendix I ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX J – PROCEDURE FOR
DEMONSTRATION OF CONTRACT CAPACITY
APPENDIX J – PROCEDURE FOR DEMONSTRATION OF CONTRACT CAPACITY [The following Appendix J applies to all Facilities except for Facilities with a Nameplate Capacity greater than three megawatts]
1. Seller’s Notice of Demonstration Hour.
Seller shall provide Notice to Buyer of the date and hour selected by Seller during which Seller claims it has demonstrated the applicable Contract Capacity (“Demonstration Hour”).
2. Demonstration of Contract Capacity.
a) Unless Buyer provides timely Notice to Seller that additional days are required to substantiate data, Buyer shall, within thirty (30) days after Seller’s Notice of the Demonstration Hour, retrieve interval data downloaded from the meter specified in Section 5.2.1 or Check Meter, as applicable, for the twelve (12) hour periods before and after the Demonstration Hour; and b) Buyer may, at its sole discretion, complete a Site visit within thirty (30) days after Buyer’s receipt of Seller’s Notice of the Demonstration Hour to verify that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet.
3. Demonstrated Contract Capacity.
Unless Buyer provides timely Notice to Seller that additional days are required to substantiate data, Buyer shall within ten (10) Business Days after Buyer’s Site visit pursuant to Section 2 of this Appendix J provide Notice to Seller of the amount of the Demonstrated Contract Capacity.
4. Buyer’s Election of Demonstration Method.
Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity.
In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement. *** End of Appendix J ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX J – PROCEDURE FOR
DEMONSTRATION OF CONTRACT CAPACITY
APPENDIX J – PROCEDURE FOR DEMONSTRATION OF CONTRACT CAPACITY AND
NAMEPLATE CAPACITY
[The following Appendix J applies ONLY to Facilities with a Nameplate Capacity greater than three megawatts]
1. Seller’s Notice of Demonstration Hour.
Seller shall provide Notice to Buyer of the date and hour selected by Seller during which Seller claims it has demonstrated the applicable Contract Capacity (“Demonstration Hour”).
Seller’s Notice of Demonstration Date.
Seller shall provide at least thirty (30) days prior Notice to Buyer of the date selected by Seller (“Demonstration Date”) during which Seller intends to demonstrate the Nameplate Capacity. Upon Buyer’s request, Seller shall make reasonable efforts to reschedule the Demonstration Date.
2. Demonstration of Contract Capacity.
a) Unless Buyer provides timely Notice to Seller that additional days are required to substantiate data, Buyer shall, within thirty (30) days after Seller’s Notice of the Demonstration Hour, retrieve interval data downloaded from the meter specified in Section 5.2.1 or Check Meter, as applicable, for the twelve (12) hour periods before and after the Demonstration Hour; and b) Subject to Section 4 of this Appendix J, Buyer may, at its sole discretion, complete a Site visit on the Demonstration Date to verify that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and to determine the Demonstrated Nameplate Capacity.
3. Demonstrated Contract Capacity and Demonstration of Nameplate Capacity Unless Buyer provides timely Notice to Seller that additional days are required to substantiate data, Buyer shall within ten (10) Business Days after Buyer’s Site visit pursuant to Section 2 of this Appendix J provide Notice to Seller of the amount of the Demonstrated Contract Capacity and the amount of Demonstrated Nameplate Capacity.
4. Buyer’s Election of Demonstration Method.
Notwithstanding the foregoing, Buyer may, in its sole discretion, (a) require that Seller, at its own cost, provide a certified statement from a Licensed Professional Engineer verifying that the Facility was developed in accordance with the Facility and Site description set forth in the Cover Sheet and setting forth the Demonstrated Contract Capacity and the Demonstrated Nameplate Capacity determined in accordance with this Appendix J as of the date of the certification (an “Engineer Report”) or (b) waive the requirement to demonstrate the Contract Capacity or the requirement to demonstrate the Nameplate Capacity.
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX J – PROCEDURE FOR
DEMONSTRATION OF CONTRACT CAPACITY
In the event that the Buyer waives demonstration of the Contract Capacity, the Demonstrated Contract Capacity will be deemed to be equal to the Contract Capacity specified in Section 2.1 of the Agreement.
In the event that the Buyer waives demonstration of the Nameplate Capacity, the Demonstrated Nameplate Capacity will be deemed to be equal to the Nameplate Capacity specified in Section
2.1 of the Agreement.
*** End of Appendix J ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX K-1 – QF EFFICIENCY MONITORING
PROGRAM – COGENERATION DATA
REPORTING
FORM
APPENDIX K-1 – QF EFFICIENCY MONITORING PROGRAM – COGENERATION DATA
REPORTING FORM
[Previous Year]
I. Name and Address of Project
Name:
Street:
City: State: Zip Code:
ID No.: Generation Nameplate (kW):
II. In Operation: □ Yes □ No
III. Can your facility dump your thermal output directly to the environment? □ Yes □ No IV. Ownership
Ownership
Name Address (%) Utility
1 Y N
2 Y N
3 Y N
4 Y N
5 Y N
V. [PrevYear] Monthly Operating Data
• Indicate the unit of measure used for your Useful Thermal Energy Output if other than mBTUs: BTUs Therms mmBTUs
If Energy Input is natural gas, use the Lower Heating Value (LHV) as supplied by Gas Supplier.
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Yearly Total
(1) Useful Power Output is the electric or mechanical energy made available for use from the facility. *** End of Appendix K-1 ***
Useful Power Output (1)
(kWh)
Energy Input (Therms)
(mmBTU)
Useful Thermal Energy
Output (mmBTU)
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX K-2 – FUEL USE STANDARDS – SMALL
POWER PRODUCER DATA REPORTING FORM
APPENDIX K-2 – FUEL USE STANDARDS – SMALL POWER PRODUCER DATA
REPORTING FORM
[Previous Year]
ID No.
I. Name and Address of Facility (“Project”)
Name:
Street:
City: State: Zip Code:
Generation Nameplate (kW):
II. Primary Energy: □ Biomass □ Biogas
III. Ownership
Name
1 2
3 4
5 Address
Ownership
(%) Utilit
y Y N
Y N
Y N
Y N
Y N
IV. [PrevYear] Monthly Operating Data
Useful Power
Output (1)
(kWh)
Primary Energy
Source (2)
(mmBTU)
Supplementary
Energy Source (3)
(mmBTU)
Total Energy Input (4)
(mmBTU)
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
(1) Useful Power Output is the electric or mechanical energy made available for use from the facility. (2) The Primary Energy Source must correspond to the Fuel Resource Category identified in Section A(i) of the Cover Sheet. Use Lower Heating Value (LHV)
(3) Please use Total Energy Input to include all energy sources: primary, supplementary, and auxiliary power from outside the facility.
*** End of Appendix K-2 ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX K-3 – FUEL USE STANDARDS – MULTI-FUEL MONTHLY DATA REPORTING FORM APPENDIX K-3 – FUEL USE STANDARDS – MULTI-FUEL MONTHLY DATA REPORTING FORM [The following Appendix K-3 applies to all Projects utilizing Eligible Directed Biogas and For Projects using fuel for Station Use that is not from a Fuel Resource Category]
[Previous Month]
ID No.
I. Name and Address of Facility (“Project”)
Name:
Street:
City: State: Zip Code:
II.
III
.
Generation Nameplate (kW):
Predominant BioMAT Category:
Secondary Fuel Use:
□ Category 1 □ Category 2 □ Category 3
□ Category 1 □ Category 2 □ Category 3
IV . Eligible Directed Biogas BioMAT Category (check those that apply): □ Category 1 □ Category 2 □ Category 3 V. [Previous Month] Monthly Operating Data
Seller to enter zero (0) if no such fuel was used during the applicable month.
Injected Withdrawn Station Use
Useful
Power
Output
(1)
(kWh)
Predominant
BioMAT Fuel
Use (2)(3)
(mmBTU)
Category
1 Onsite
Fuel Use
(3)
(mmBTU)
Category
2 [Other
Ag/ Dairy]
Onsite
Fuel Use
(3)
(mmBTU)
Category
3 Onsite
Fuel Use
(3)
(mmBTU)
Category
1 Directed
Biogas
Fuel Use
(3)
(mmBTU)
Category
2 [Other
Ag/ Dairy]
Directed
Biogas
Fuel Use
(3)
(mmBTU)
Category
3 Directed
Biogas
Fuel Use
(3)
(mmBTU)
Natural Gas
Fuel Use (3)
(mmBTU)
Renewable
Non-BioMAT
Eligible Fuel
Use (3)
(mmBTU)
Non-Renewable
Non-BioMAT
Eligible Fuel
Use (3)
(mmBTU)
Total
Energy
Input (3)
(mmBTU)
Jan
Feb
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX K-3 – FUEL USE STANDARDS – MULTI-FUEL MONTHLY DATA REPORTING FORM Injected Withdrawn Station Use
Useful
Power
Output
(1)
(kWh)
Predominant
BioMAT Fuel
Use (2)(3)
(mmBTU)
Category
1 Onsite
Fuel Use
(3)
(mmBTU)
Category
2 [Other
Ag/ Dairy]
Onsite
Fuel Use
(3)
(mmBTU)
Category
3 Onsite
Fuel Use
(3)
(mmBTU)
Category
1 Directed
Biogas
Fuel Use
(3)
(mmBTU)
Category
2 [Other
Ag/ Dairy]
Directed
Biogas
Fuel Use
(3)
(mmBTU)
Category
3 Directed
Biogas
Fuel Use
(3)
(mmBTU)
Natural Gas
Fuel Use (3)
(mmBTU)
Renewable
Non-BioMAT
Eligible Fuel
Use (3)
(mmBTU)
Non-Renewable
Non-BioMAT
Eligible Fuel
Use (3)
(mmBTU)
Total
Energy
Input (3)
(mmBTU)
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Total
(Year-to-Date)
(1) Useful Power Output is the electric or mechanical energy made available for use from the Facility. (2) The predominant energy source must correspond to the Fuel Resource Category identified in Section A(i) of the Cover Sheet. (3) Use Higher Heating Value (HHV).
*** End of Appendix K-3 ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX L – FORM OF FUEL ATTESTATION
APPENDIX L – FORM OF FUEL ATTESTATION
[The following Appendix L applies to all Projects EXCEPT Projects with a High Hazard Fuel Requirement. References to Section 4.4.4, Contract Quarter, and the Quarterly Fuel Attestation Deadline are only applicable to HHZ Category 3 Projects] [Sellers Letterhead]
[Date]
[CCA]
Attn:
Street Address
City, State Zip
Subject: Bioenergy Market Adjusting Tariff Power Purchase Agreement (“BioMAT PPA”) by and between [CCA] and [Insert Seller’s full legal name], a [Insert Seller’s form of entity and state of registration] (“Seller”) – Fuel Attestation
Dear Sir or Madam:
Pursuant to Section [4.4.3][4.4.4] of the BioMAT PPA, Seller submits to [CCA]this Fuel Attestation for the Contract [Year] [Quarter] that ended on [Date] [(“Contract Year”)] [(“Contract Quarter”)]). Seller hereby represents and warrants that:
1. This Fuel Attestation [is][is not] submitted on or prior to the [Annual Fuel Attestation Due Date] [Quarterly Fuel Attestation Deadline].
2. The fuel resource(s) Seller used or caused to be used to operate the Facility during the Contract Year (Fuel Use) [met] [did not meet] the Fuel Resource Requirements. [For Annual Fuel Attestation Only]
3. Fuel Use during the Contract [Year] [Quarter] was as follows:
Add additional rows to separately report Fuel Resource Category quantities from on-Site supply and Eligible Directed Biogas.
Fuel Resource Category Fuel Volume (1)
Fuel Consumption
(mmBTU)
Total
Generation
(MWh)
[Annual]
[Quarter] Fuel
Use Percentage
Category 1 (wastewater treatment)
Category 1 (municipal organic waste
diversion)
Category 1 (food processing)
Category 1 (codigestion)
Category 2 (Dairy)
Category 2 (Other Agricultural)
Category 3 (fire threat reduction)
Category 3 (fire safe clearance activities)
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX L – FORM OF FUEL ATTESTATION
Fuel Resource Category Fuel Volume (1)
Fuel Consumption
(mmBTU)
Total
Generation
(MWh)
[Annual]
[Quarter] Fuel
Use
Percentage
Category 3 (infrastructure clearance
projects)
Category 3 (othersustainable forest
management)
Category 3 (High Hazard Fuel)
Total
(1) For Fuel Volume, use Bone Dry Ton for solid fuel and cubic feet (ft3) for gaseous fuel.
4. The calculation used by the Seller to calculate Fuel Use through the delivery term is as follows:
Fuel Use Percentage:
𝐴𝐴
𝐵𝐵
A = Fuel Use during the [(“Contract Year”)] [(“Contract Quarter”)] B = Total Fuel Use in the [(“Contract Year”)] [(“Contract Quarter”)] Capitalized terms used but not otherwise defined in this letter have the meanings set forth in the BioMAT PPA. [Insert Seller’s full legal name, form of entity and state of registration] By:
Name:
Title:
*** End of Appendix L ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX L – FORM OF FUEL ATTESTATION
APPENDIX L – FORM OF FUEL ATTESTATION
[The following Appendix L applies ONLY to Projects with a High Hazard Fuel Requirement.] [Sellers Letterhead]
[Date]
[CCA]
Attn:
Street Address
City, State Zip
Subject: Bioenergy Market Adjusting Tariff Power Purchase Agreement (“BioMAT PPA”) by and between [CCA] and [Insert Seller’s full legal name], a [Insert Seller’s form of entity and state of registration] (“Seller”) – Fuel Attestation
Dear Sir or Madam:
Pursuant to Section [4.4.3][4.4.4] of the BioMAT PPA, Seller submits to [CCA] this [Annual] [Quarterly] Fuel Attestation for the Calendar [Year] [Quarter] that ended on [Date] [(“Calendar Year”)] [(“Calendar Quarter”)]).
Seller hereby represents and warrants that:
1. This [Annual] [Quarterly] Fuel Attestation [is][is not] submitted on or prior to the [Annual High Hazard Fuel Attestation Deadline] [Quarterly High Hazard Fuel Attestation Deadline].
2. The fuel resource(s) Seller used or caused to be used to operate the Facility during the Calendar Year (Fuel Use) [met] [did not meet] the Fuel Resource Requirements and High Hazard Fuel Requirement. [For Annual Fuel Attestation Only]
3. Fuel Use during the Calendar [Year] [Quarter] was as follows:
Fuel Resource Category
Volume of Fuel
Delivered (BDT) Fuel Use
(BDT)(1)
Total
Metered
Generation
(MWh)
[Annual]
[Quarterly]
Fuel Use
Percentage
Category 1 (wastewater treatment)
Category 1 (municipal organic waste
diversion)
Category 1 (food processing)
Category 1 (codigestion)
Category 2 (Dairy)
Category 2 (Other Agricultural)
Category 3 (fire threat reduction)
Category 3 (fire safe clearance activities)
Category 3 (infrastructure clearance
projects)
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX L – FORM OF FUEL ATTESTATION
Fuel Resource Category
Volume of Fuel
Delivered (BDT) Fuel Use
(BDT)(1)
Total
Metered
Generation
(MWh)
[Annual]
[Quarterly]
Fuel Use
Percentage
Category 3 (othersustainable forest
management)
Category 3 (High Hazard Fuel)
Total
(1) If Fuel Use is eligible for more than one subcategory within a Fuel Resource Category, choose the most relevant subcategory to prevent double counting.
4. The calculation used by the Seller to calculate Fuel Use Percentage for each applicable Fuel Resource Category throughout the Delivery Term is as follows:
Fuel Use Percentage:
𝐴𝐴
𝐵𝐵
x 100
A = Fuel Use during the [(“Calendar Year”)] [(“Calendar Quarter)] from the applicable Fuel Resource Category B = Total Fuel Use during the [(“Calendar Year”)] [(“Calendar Quarter)]
5. [Annual Fuel Attestation Only] Fuel Use during the Calendar Year is documented in the attached Microsoft Excel Spreadsheet (“Annual Fuel Usage Log”), using the template provided by Buyer after execution of this Agreement. Buyer may make reasonable changes to the template to accommodate additional information on High Hazard Fuel and Fuel Use during the Calendar Year. Seller and Buyer will use the Fuel Use Log to calculate the Category 3 Fuel Use Percentage and High Hazard Fuel Use Percentage to determine compliance with the Fuel Resource Requirements and High Hazard Fuel Requirement, respectively, using the formulas below:
Category 3 Fuel Use Percentage:
𝐴𝐴
𝐵𝐵
x 100
A = Category 3 Fuel Use delivered to and used by the Project during the [(“Calendar Year”)] B = Total Fuel Use delivered to and used by the Project during the [(“Calendar Year”)] High Hazard Fuel Use Percentage:
𝐴𝐴
𝐵𝐵
𝑥𝑥 100
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX L – FORM OF FUEL ATTESTATION
A = High Hazard Fuel Use delivered to and used by the Project during the [(“Calendar Year”)] B = Total Fuel Use delivered to and used by the Project during the [(“Calendar Year”)]
6. [Quarterly Fuel Attestation Only] Fuel volume delivered during the Calendar Quarter, and progress toward meeting the Fuel Resource Requirements and High Hazard Fuel Requirement, is documented in the attached Microsoft Excel Spreadsheet (“Quarterly Fuel Usage Log”), using the template provided by Buyer after execution of this Agreement. Buyer may make reasonable changes to the template to accommodate additional information on High Hazard Fuel and Fuel Use during the Calendar Year. Seller and Buyer will use the Quarterly Fuel Usage Log and the data provided in Section 3 of this Appendix L to monitor progress with the Fuel Resource Requirements and High Hazard Fuel Requirement. Data from the Quarterly Fuel Usage Log is accurately summarized in Section 3 of this Quarterly Fuel Attestation.
Capitalized terms used but not otherwise defined in this letter have the meanings set forth in the BioMAT PPA. [Insert Seller’s full legal name, form of entity and state of registration] By:
Name:
Title:
*** End of Appendix L ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX L – FORM OF FUEL ATTESTATION
APPENDIX L-1 – Verification of Fuel Source and Delivery [The following Appendix L-1 applies ONLY to Projects with a High Hazard Fuel Requirement.
This Appendix L-1 must be submitted with the Annual Fuel Attestation only] I, , am a Registered Professional Forester. I have reviewed the Seller’s [date] AnnualFuel Attestation, including the Annual Fuel Usage Log, and I have verified (1) that the High Hazard Fuel was harvested from the specific designated High Hazard Zone(s) as provided in the Seller’s [date] Annual Fuel Attestation; and (2) the volume of High Hazard Fuel from each referenced High Hazard Zone was delivered to the Project.
Capitalized terms used but not otherwise defined in this verification have the meanings set forth in the BioMAT PPA.
[Registered Professional Forester]
By:
Name:
Title:
*** End of Appendix L-1 ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX M – FUEL RESOURCE FAILURE CURE
REQUIREMENTS
APPENDIXM – FUEL RESOURCE FAILURE CURE REQUIREMENTS
[The following Appendix M applies to all Projects except Projects with a High Hazard Fuel Requirement]
1. Seller may cure a Fuel Resource Failure as identified in Seller’s AnnualFuel Attestation if a), b) and c) are met:
a) Within five (5) Business Days of Buyer’s Notice of an Event of Default pursuant to Section
13.2.2.14, Seller notifies Buyer of Seller’s intent to utilize sufficient fuel eligible for the Facility’s Fuel Resource Category such that the Fuel Resource Requirements are met over the Fuel Performance Measurement Period as outlined in Section 1(b) herein; b) For a period not to exceed six (6) months immediately following Seller’s Notice above (“Fuel Resource Cure Period”), Seller submits to Buyer a monthly report within 10 days of the end of calendar month and in a form to be specified by Buyer that demonstrates compliance with the Fuel Resource Requirements; and
c) At the end of the Fuel Resource Cure Period Seller demonstrates Fuel Use measured over the period that commences at the beginning of the previous Contract Year to the end of the Fuel Resource Cure Period (“Fuel Performance Measurement Period”) such that A ≥ 80%, where:
A = B/C;
B = Fuel Use from the Fuel Resource Category identified in Section A(i) of the Cover Sheet over the Fuel Performance Measurement Period (as provided in the monthly report); and C = Total Fuel Use overthe Fuel Performance Measurement Period (as provided in the monthly report)
2. At Buyer’s request Seller shall provide supporting documentation sufficient to verify that Seller’s claims in any attestations or reports are complete and accurate.
3. If in any Seller monthly compliance report, as referenced in Section 1.b of this Appendix M, Buyer determines, in its reasonable discretion, that it would be impossible for Seller to cure the Fuel Resource Failure during the remainder of the Fuel Resource Cure Period, Buyer shall have the right to terminate this Agreement.
If Seller demonstrates to Buyer’s reasonable satisfaction that Seller has cured the Fuel Resource Failure at the end of the Fuel Resource Cure Period, Buyer will provide Notice within thirty (30) days of receipt of the applicable report. *** End of Appendix M ***
BIOENERGY MARKET ADJUSTING TARIFF
POWER PURCHASE AGREEMENT
APPENDIX N – FORM LOW-VOLTAGE SIDE
METERING ATTESTATION
APPENDIX N – FORM OF LOW-VOLTAGE SIDE METERING ATTESTATION [The following Appendix N applies to all Projects utilizing Low-voltage Side Metering] [Seller’s Letterhead]
[Date]
[CCA]
Attn:
Street Address
City, State Zip
Subject: Bioenergy Market Adjusting Tariff Power Purchase Agreement (“BioMAT PPA”) by and between [CCA] and [Insert Seller’s full legal name], a [Insert Seller’s form of entity and state of registration] (“Seller”) – Low-voltage Side Metering Attestation Dear Sir or Madam:
Pursuant to Section 5.2.1.3 of the BioMAT PPA, Seller submits to [CCA] this AnnualLow-voltage Side Metering Attestation (“Attestation”) for the Contract Year that ended on [Date] (“Contract Year”).
Capitalized terms used but not otherwise defined in this Attestation shallhave the meanings set forth in the BioMAT PPA.
Seller hereby attests and certifies to [CCA] all of the following:
1. This Attestation [is] [is not] being submitted on or prior to the Annual Low-voltage Side Metering Attestation Deadline.
2. For the duration of the entire Contract Year, the CAISO revenue meter for the Project:
(a) operated in accordance with the Applicable Standards; and (b) was programmed to properly apply, and did properly apply, the Transformer and Line Loss Factor in accordance with the Applicable Standards.
The undersigned is authorized to execute this Attestation on behalf of Seller and has all requisite authority to bind Seller in accordance with the terms of the BioMAT PPA.
[Insert Seller’s full legal name, form of entity and state of registration] By:
Name:
Title:
*** End of Appendix N ***
[CCA Name]
Acknowledgements and Attestations Form
A new Acknowledgements and Attestations Form ("Form") outlining acknowledgments and attestations must be completed for each Project submitted to the BioMAT program. This Form is part of a complete Program Participation Request (“PPR”). Once saved and submitted this Form cannot be edited by an Applicant. If an Applicant cannot in good faith attest to and make the following acknowledgements at any point following PPR submission, the Applicant may not participate in the BioMAT program.
Applicant and Seller Information
Applicant Primary Contact Information
Applicant Name (displays linked field)
First Name (displays linked field)
Last Name (displays linked field)
Email (displays linked field)
Phone [office] (displays linked field)
Phone [mobile] (displays linked field)
Address (displays linked field)
Addr 2 (displays linked field)
City (displays linked field)
State/Province (displays linked field)
Zip Code (displays linked field)
Postal Code (displays linked field)
Applicant Secondary Contact Information
Company (displays linked field)
First Name (displays linked field)
Last Name (displays linked field)
Secondary Contact Email (displays linked field)
Secondary Contact Phone (displays linked field)
Alternate Mobile (displays linked field)
Seller and Developer Information
(required) Legal entity that will
be `Seller` in PPA:
Help Bubble Text: Enter the name of the legal entity that will be the Seller in the PPA. This is most likely a Special Purpose Entity [SPE] that is owned by the Applicant. If there is not a separate legal entity that will be the Seller in the PPA, the Applicant legal entity may be appropriate to enter into this field [in which case the Applicant legal entity will appear as both Seller and Applicant]. (required) Enter the name of the
developer or EPC (Engineering,
Procurement, and Construction)
entity. If in-house, please enter
seller entity name.
Relationship between Seller entity and Applicant entity Relationship between the Seller
and Applicant legal entities, if
different:
Help Bubble Text: Describe the relationship between the Seller and Applicant legal entities, if these entities are different. For example the Seller may be a legal entity called `Project 1, LLC` and the Applicant may be a legal entity called `Developer A`. The explanation may be that Developer A wholly owns Project 1, LLC, which is special purpose entity formed to hold the project assets, to raise non-recourse project financing, and serve as the Seller [i.e. counterparty to [CCA]] under the PPA.
(required) Seller Legal Entity
Type
- Select One -
Help Bubble Text: Please enter the legal entity type that describes the Seller's status (e.g. limited liability corporation, sole proprietorship, limited partnership). Please do not use abbreviations. This field will be a direct input into the PPA.
Seller Legal Entity Type
(Other)
Help Bubble Text: If ''Other'' is selected above, enter the legal entity type. (required) Seller's State of
Organization
- Select One -
Help Bubble Text: Please enter that state in which the Seller is organized. This field will be a direct input into the PPA.
Seller Address [Edit the information below if different from Applicant address] Help Bubble Text: Enter street address, city, state and zip for the Seller, if different from the Applicant address. (required) Street address:
(required) Seller City:
(required) Seller State:
- Select One -
(required) Seller Zip Code:
Seller Entity Ownership
Seller is assumed to have 100
percent ownership and control of
the Facility`s assets. Please
explain if this is not the case.
Applicant (company name) (displays linked field)
(required) Ownership Interest of
Applicant in Seller entity %
[ 0.00 - 100.00 ]
Help Bubble Text: Provide the percent ownership interest the Applicant has in the Seller entity. If the Applicant and Seller are the same entity, please enter 0% and provide the Additional Owners of the Seller entity.
(required) How many additional
entities or persons have
ownership interests in the Seller
entity?
- Select One -
Additional Owner #1
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Additional Owner #2
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Additional Owner #3
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Additional Owner #4
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Additional Owner #5
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Additional Owner #6
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Additional Owner #7
Applicant ID (if available)
Ownership Interest %
[ > 0.00 ]
List the names of all other
BioMAT Projects the Additional
Owner has an ownership interest
in and the applicable ownership
percentage of each Project
listed.
Total Ownership
Total Ownership (%)
(Total of : Ownership Interest of Applicant in Seller entity % + Ownership Interest % + Ownership Interest % + Ownership Interest % + Ownership Interest % + Ownership Interest % + Ownership Interest % + Ownership Interest %) Help Bubble Text: Total value must fall between 1 and 100 Total must add up to 100%. If it
does not, please explain why.
Facility Name and Location
Facility Name
(required) Facility [Project]
Name:
Help Bubble Text: Enter the name of the project/ facility. This is generally different from the Seller name and will be the name used when referring to the project. This field will be a direct input into the PPA.
Facility Address
Help Bubble Text: Enter street address, city, state and zip for the facility. If there is no precise street address, enter the nearest intersection [and/or other relevant locational description] (required) Facility Address:
Facility Address 2:
Nearest intersection:
(required) Facility City:
(required) Facility County:
(required) Facility State:
- Select One -
(required) Facility Zip Code:
Facility Longitude and Latitude
Help Bubble Text: Click 'Find on Map' to locate the longitude and latitude for the project so that it can be identified on a map, which will be displayed through this software application. You will have an opportunity to pinpoint the site location on this map. If you click 'Find on Map' again and select a new location, the longitude and latitude previously recorded for the project will be overwritten. (required) Facility Latitude:
[ -90.000000000000000 - 90.000000000000000 ]
(required) Facility Longitude:
[ -180.0000000000000 - 180.0000000000000 ]
(required) Parcel Numbers
Help Bubble Text: List all parcel numbers that are part of the Project site. (required) Existing land use
Help Bubble Text: e.g. active agriculture, commercial space, brownfield, forest, etc.
Fuel & Operations
Fuel Resource(s)
Fuel Resource Category:
Select the category that
corresponds with the applicable
Statewide Pricing Category for
the Fuel Resource Category as
defined in Section 14 of the
BioMAT Tariff
Category 1
Category 2
Category 3
Is your Category 2 facility Dairy
or Other Agriculture?
- Select One -
For Category 1 and Category 3
facilities, select the subcategory
that you intend to utilize as the
Project's primary Fuel Resource
Category described in Section
N.3 of the BioMAT Tariff.
Biogas - Codigestion
Biogas - Food Processing
Biogas - Municipal Organic Waste
Biogas - Wastewater Treatment
Biomass - Fire Safe Clearance Activities Reduction
Biomass - Fire Threat Reduction
Biomass - Infrastructure Clearance
Biomass or Biogas - Other Sustainable Forest Management Biomass or Biogas - High Hazard Fuel
(required) Provide a brief
explanation of proposed Fuel
Use from the selected Fuel
Resource Category and any
other Fuel Resource Categories
and subcategories as applicable
per the Fuel Resource
Requirements as outlined in
Section N.3 of the BioMAT
Tariff. Please include a
description of Eligible Directed
Biogas, Station Use, Site Host
Load, and PUC Code 218B
compliant third-party sales if
applicable.
Help Bubble Text: Reminder: All but Category 2 (Dairy) facilities are allowed to utilize up to 20% of their annual Fuel Use from other Fuel Resource Categories (required) Is this facility (will it
be) a Small Power Production
facility under PURPA?
Yes
No
Help Bubble Text: Check Yes or No. See PPA for requirements. (required) Is this facility (will it
be) a co-generation facility
under PURPA?
Topping-cycle cogeneration
Bottom-cycle cogeneration
Neither
Help Bubble Text: Check Yes or No. See PPA for requirements. (required) Will the facility use
Eligible Directed biogas?
Yes
No
Help Bubble Text: Please see the BioMAT PPA for the requirements for facilities using Eligible Directed Biogas.
(required) Will the facility use
fuel for Station Use that is not
from a BioMAT Fuel Resource
Category?
Yes
No
Help Bubble Text: Please see the BioMAT PPA for the requirements for facilities using fuel for Station Use that is not from a BioMAT Fuel Resource Category. (required) Which type of
metering will the facility
use?
High-voltage Side Metering
Low-voltage Side Metering
Help Bubble Text: This should correspond to the metering shown in the SLD and interconnection studies. Please see the BioMAT PPA for the requirements for High-voltage Side Metering and Low-voltage Side Metering.
CPUC Requested Information
Indicate whether the facility will
use any of the following
technology or processes:
Boiler [Direct Combustion]
Gasification
Pyrolysis
Anaerobic Digestion
Other [Indicate]
Other Technology or Process:
Indicate whether the facility will
use any of the following
technology or processes:
Boiler [Direct Combustion]
Gasification
Pyrolysis
Anaerobic Digestion
Other [Indicate]
Other Technology or Process:
(required) Indicate the primary
power generation technology
utilized:
Boiler
Reciprocating Engine
Gas Turbine Engine
Fuel Cell
Other [Indicate]
Other technology:
(required) For one year, indicate
the total fuel input in MMBTUs mmBTU [ > 0 ]
(required) For one year, indicate
the estimated amount of
feedstock to be consumed onsite:
- Units:
[Bone-Dry Tons];
[standard cubic feet biogas];
[standard cubic feet biomethane];
(required) - Amount:
[ > 0 ]
Provide any additional notes
about feedstock specification
here:
Operational Characteristics for Curtailment Orders
(required) Minimum operating
capacity (MW) [ 0.00 - 3.00 ]
(required) Ramp Rate
(MW/Minute) [ > 0.00 ]
(required) Maximum number of
Curtailment Orders per calendar
day
[ > 0 ]
(required) Maximum number of
start-ups per calendar day [ > 0 ]
(required) Advance notification
required for a Curtailment Order
(minutes)
[ > 0.00 ]
Other Operational Requirements
Start-up Time (if applicable, in
minutes) [ > 0.00 ]
Minimum Run Time after Start-Up (if applicable, in minutes) [ > 0.00 ] Minimum Down Time after
Shut-Down (if applicable, in
minutes)
[ > 0.00 ]
Other-Specify
Interconnection Information
(required) Interconnection
Queue Number:
Format is generally ####-XX. If
no queue number, enter N/A
Help Bubble Text: As provided by the interconnecting IOU or the CAISO.
For Category 3 facilities, is the
interconnection queue number
active?
Yes
No
(required) Interconnection Point
on Distribution Network:
Help Bubble Text: Describe physical interconnection point to IOU or CAISO system. (required) Service voltage
[kV]:
Help Bubble Text: Enter voltage at Interconnection Point (in kV)
(required) Delivery Point on
Transmission Network:
Help Bubble Text: Delivery Point is the point of interconnection with the CAISO Grid (e.g. Tracy Bank 2 at 115kV).
(required) Estimated
Interconnection Commercial
Operation Date
[ 06/01/2013 - 12/31/2028 ]
Help Bubble Text: Enter the estimated milestone for Commercial Operation cited in the interconnection documentation submitted as part of this PPR. To qualify for a PPA, this date must be within 36 months of the execution date of the PPA. (required) Network Upgrade
Amount:
Enter the Network Upgrade
Amount (rounded to nearest
dollar) from the Facility's most
recent interconnection
documentation. If no Network
Upgrades are required, enter
zero.
[ > 0.00 ]
Help Bubble Text: See BioMAT Tariff's Eligibility Criteria.
Other PPA Terms
(required) Expected Commercial
Operation Date under BioMAT
PPA [MM/DD/YYYY]:
[ 01/01/1970 - 12/31/2028 ]
Help Bubble Text: Enter the estimated date for commercial operation under a BioMAT PPA. To qualify for a PPA, this date must be within 36 months of the execution date of the PPA.
(required) Nameplate
[MW]:This field should
correspond to generator
nameplate in the interconnection
study.
[ 0.001 - 5.000 ]
(required) Contract Capacity
[MW]:
[ 0.001 - 3.000 ]
Help Bubble Text: As defined in Appendix A of the PPA. (Must not exceed 3 MW). (required) Transaction Type:
Select excess sale if the facility
plans to serve electrical loads
(that are not Station Use) of
Seller or one or more third
parties conducted pursuant
to California Public Utilities
Code Section 218(b).
Full buy/sell
Excess sale
Help Bubble Text: See Section 2.3 of the PPA
(required) Delivery Term
[years]:
10 15
20 Help Bubble Text: See Section 2.5 of the PPA
Delivery Term Contract Quantity [MWh/Yr]
Contract Quantity factors into the Guaranteed Energy production calculation as described in PPA Section
12. Enter value for each year.
Help Bubble Text: Enter a Contract Quantity in MWhs for each Contract Year for the entire Delivery Term selected above. See section 2.2 of the PPA.
Contract Year 1:
[ 0.0 - 26,200.0 ]
Contract Year 2:
[ 0.0 - 26,200.0 ]
Contract Year 3:
[ 0.0 - 26,200.0 ]
Contract Year 4:
[ 0.0 - 26,200.0 ]
Contract Year 5:
[ 0.0 - 26,200.0 ]
Contract Year 6:
[ 0.0 - 26,200.0 ]
Contract Year 7:
[ 0.0 - 26,200.0 ]
Contract Year 8:
[ 0.0 - 26,200.0 ]
Contract Year 9:
[ 0.0 - 26,200.0 ]
Contract Year 10:
[ 0.0 - 26,200.0 ]
Contract Year 11:
[ 0.0 - 26,200.0 ]
Contract Year 12:
[ 0.0 - 26,200.0 ]
Contract Year 13:
[ 0.0 - 26,200.0 ]
Contract Year 14:
[ 0.0 - 26,200.0 ]
Contract Year 15:
[ 0.0 - 26,200.0 ]
Contract Year 16:
[ 0.0 - 26,200.0 ]
Contract Year 17:
[ 0.0 - 26,200.0 ]
Contract Year 18:
[ 0.0 - 26,200.0 ]
Contract Year 19:
[ 0.0 - 26,200.0 ]
Contract Year 20:
[ 0.0 - 26,200.0 ]
Existing Facility Information
(required) Is this an existing
Facility?
Yes
No
(required) Is the Facility
currently delivering under Net
Energy Metering (NEM)?
Yes
No
(required) Does this Facility
have an existing PPA?
Yes
No
Help Bubble Text: If the Facility is currently operating under Net Energy Metering, select 'No'. (required) Describe counterparty
and delivery obligations under
existing PPA. If none, enter
N/A:
Document Uploads
Examples of most of the documents listed below and a description of what each should contain can be found under the CCA or IOU public Program Documents tabs
PPA Documentation [files to be uploaded by Applicant]
(required) Table of Major
Components
Help Bubble Text: Must include equipment and specifications on sizing, manufacturer, voltage, etc. (required) Facility Layout
Drawing
Help Bubble Text: Must include elements as described in the PPA Cover Sheet (required) Site Map
Help Bubble Text: Must include elements as described in the PPA Cover Sheet (required) Single Line
Diagram
Help Bubble Text: Must include elements as described in the PPA Cover Sheet (required) Fuel Resource
Attestation
Help Bubble Text: Provide Applicant's planned annual Fuel Use by Fuel Resource Category percentages, in compliance with the Fuel Resource Requirements as provided in the BioMAT Tariff.
Forecast of the Useful Thermal
Output
Help Bubble Text: Required only for CHP facilities. Provide values for annual energy input (therms) and annual useful thermal energy output (mmBTU). See Appendix K-1 of PPA for reference.
Dedication of the Useful
Thermal Output
Help Bubble Text: Description of the Dedicated Use(s) of the Facility's Useful Thermal Energy Output.
(required) Milestones
Help Bubble Text: The template can be found in the CCA and/or IOU public Program Documents tab of the BioMAT Platform . For any items already complete, please either enter the date of completion if readily available or simply enter ''Complete''. Please note that the milestones are non-binding.
(required) Notices
Help Bubble Text: The template can be found in the CCA and/or IOU public Program Documents tab of the BioMAT Platform ..
(required) Legal Description of
Site
Help Bubble Text: A Legal Description of the Site should describe the metes and bounds of the Project Site and can often be found on a deed (e.g. That portion of South half of Northeast corner of Section 9, Township 25 south, ___ County, California, as more particularly described as follows: beginning at a point on the north line of said Northeast corner thereof bears S94°18'35''W).
(required) Most recent
interconnection
documentation
Help Bubble Text: Includes interconnection studies, Fast Track documentation or interconnection agreements. Interconnection applications do not fulfill this requirement (See Section D.6 of the BioMAT Tariff).
(required) Site Control
documentation
Help Bubble Text: Attach documentation that provides evidence of site control (e.g. a lease agreement, deed, etc.)
(required) Production Profile
Help Bubble Text: The total annual generation in your production profile should equal the Contract Quantity in your PPR. If you anticipate escalating output over the first few years, please model the larger value in the production profile as that is usually more representative of the output over the course of the delivery term. The production profile is not binding and is not included in the PPA, but is required for administrative and planning purposes.
Ownership Documentation
Help Bubble Text: Must provide upon Buyer's request (e.g. a copy of each of the articles of incorporation, certificate of incorporation, operating agreement or similar applicable organizational document of Seller as in effect, or anticipated to be in upon PPA execution.)
(required) GIS Map
Help Bubble Text: Acceptable file types are .gdb, .shp, .kml, or .kmz (required) Ownership
Organizational Chart
Help Bubble Text: Provide ownership documentation including an organizational chart of all entities with an ownership stake in the project, whether directly or indirectly through one or more intermediaries.
BIOENERGY MARKET ADJUSTING TARIFF
COMMUNITY CHOICE AGGREGATOR BALANCING ACCOUNT (BMCCABA)
STATEMENT
A. Purpose
The purpose of the Bioenergy Market Adjusting Tariff (BioMAT) Community Choice Aggregator (CCA) Balancing Account (BMCCABA) is to record the costs of CCAs participating in the BioMAT program. Each CCA participating in the BioMAT program will establish a BMCCABA to record the BioMAT forecasted revenue requirements, reflecting CCA BioMAT program costs, including: (1) Accion costs resulting from services performed under the CCAs’ Bioenergy Market Adjusting Tariff Program Website, Portal Development, and Third-Party Administration Agreement with Accion Group, LLC, and (2) power purchase agreement (PPA) costs, including net costs of generation procured from bioenergy projects (BioMAT Resources) under contract with a CCA pursuant to the requirements of each CCA’s Schedule BioMAT in accordance with Public Utilities Code Section 399.20 and California Public Utilities Commission (CPUC or Commission) Decisions (D.) 14-12-081, 15-09-004, 16-10-025, 20-08-043, and 23- 11-084. These net generation costs shall be the cost of the BioMAT Resources, less (1) Net California Independent System Operator (CAISO) Revenues, as defined below; (2) the Renewables Portfolio Standard (RPS) Value, as defined below; and (3) the Resource Adequacy (RA) Value, as defined below. Pursuant to D.23-11-084, CCA BioMAT program costs are to be recovered by the Investor- Owned Utilities (IOUs) through NBCs in IOU PPP surcharges from all customers.
B. Definitions
1) Total Authorized BMCCABA Revenue Requirement: The current Commission-adopted BMCCABA revenue requirement.
2) Net CAISO Market Revenues: Energy and ancillary services revenue earned by the BioMAT Resources, less any CAISO expenses (e.g., forward scheduling, market usage, bid transaction, system operation charges) incurred for the BioMAT Resources.
3) RPS Value: On a monthly basis, the RPS Value is determined by multiplying the Renewable Energy Credits (RECs) associated with the BioMAT Resources by the Forecast RPS Adder published by the Commission’s Energy Division pursuant to D.19-10-001. This amount is subject to true-up at the end of each year based on the Final RPS Adder published by the Commission’s Energy Division pursuant to D.19-10-001. The RPS Value is reflected as a credit in the BMCCABA.
4) RA Value: On a monthly basis, the RA Value is determined by multiplying the RA capacity associated with the BioMAT Resources by the Forecast RA
2 System Adder published by the Commission’s Energy Division pursuant to D.19-10- 001. This amount is subject to true-up at the end of each year based on the Final RA System Adder published by the Commission’s Energy Division pursuant to D.19-10-001. The RA Value is reflected as a credit in the BMCCABA.
5) Third-Party Costs: Pursuant to D.23-11-084, independent third-party costs will be shared equally between all investor-owned utilities and Community Choice Aggregators participating in BioMAT. Third-Party costs incurred by the CCA will be recorded in the BMCCABA so that the IOU may include the cost in its NBC. If the IOUs pay the Third-Party Costs on behalf of the CCAs, the CCAs will not seek recovery of such costs but will note in its budget forecast that the costs were incurred on behalf of the CCA. 6) Interest Rate: The Interest Rate shall be one-twelfth of the Federal Reserve three-month Commercial Paper Rate – Non-Financial, from Federal Reserve Statistical Release H.15 (expressed as an annual rate). If in any month a Non-Financial Rate is not published, CCA shall use the Federal Reserve three-month Commercial Paper Rate – Financial.
C. Operation of the BMNBCBA
Entries to the BMCCABA shall be determined as follows (on a monthly, quarterly, or annual basis as recorded data is available):
i. A debit entry equal to the costs of the BioMAT Contracts; ii. A credit entry equal to the Net CAISO Market Revenues; iii. A credit entry equal to the RPS Value;
iv. A credit entry equal to the RA Value;
vi. A debit entry of CCAs Third-Party Costs (if the costs are not paid by the IOUs); and
vii. An entry to record interest expense by applying the Interest Rate to the average monthly balance in the BMCCABA.
D. BMCCABA Review Procedures
CCA will include the recorded operation of the BMCCABA for the previous year in a Rule 2 Application filed annually on
September 1. The review of the BMCCABA will ensure that the entries made in the BMCCABA are stated correctly and are consistent with applicable Commission decisions.
E. Rate Changes
Pursuant to D.23-11-084, CCA’s forecasted revenue requirement will be incorporated in the IOU ERRA forecast application in the IOUs “October Update” if the
3 Commission has, at least 20 days prior to the IOU’s October Update filing deadline, issued a Resolution approving CCA’s Tier 3 Advice Letter forecasting its BioMAT revenue requirements. Otherwise, CCA’s forecasted revenue requirement will be included in the IOU’s year-end electric true-up or rate change advice letter submission and funds will be disbursed only after Commission approval disposition of the CCA Tier 3 Advice Letter and only in the amount approved within that disposition. Upon Commission approval of the CCA Tier 3 Advice Letter, CCA may record authorized costs in the BMCCABA and seek recovery by sending invoice forms to the IOU quarterly beginning April 1, 2025, to request quarterly payment of the amount authorized by the Commission, which payments shall be recorded in the BMCCABA.
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
Together herewith, and in accordance with the BioMAT Bioenergy Market Adjusting Tariff (“BioMAT Tariff”), [Insert Applicant’s
full legal name], a [Insert Applicant’s
form of entity and state of registration] (“Applicant”), submits a Program Participation Request (“PPR”) for its electric generating Project to [CCA]. In order for such Project to be eligible for participation in the BioMAT Program, Applicant must, among other things, submit this attestation describing its planned Fuel Resource Category and its compliance with the Fuel Resource Requirements set forth in the BioMAT Tariff. Applicant hereby represents, warrants and covenants that:
1. The fuel resource(s) Applicant intends to use for such Project are eligible for the Renewables Portfolio Standard (RPS) in accordance with the California Energy Commission’s (CEC) RPS eligibility requirements.
2. The fuel resource(s) Applicant intends to use for such Project meet(s) the definition and requirements of one of the Fuel Resource Categories defined in the BioMAT Tariff.
3. The fuel resource(s) and percentages of Fuel Use, as applicable, that Applicant intends to use for such Project are [check one Fuel Resource Category and all percentages of Fuel Use, as applicable, within that Fuel Resource Category]:
Fuel Resource Category Fuel Use
Category 1
Wastewater treatment %
Municipal organic waste diversion %
Food processing %
Codigestion %
Other %
OR
Category 2 (Dairy) %
OR
Category 2 (Other Agricultural) %
Other %
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
OR
Category 3
Fire threat reduction %
Fire safe clearance activities %
Infrastructure clearance projects %
Other sustainable forest management %
High Hazard Fuel %
Other %
Total
Applicants submitting a PPR for a Category 3 Project utilizing feedstock from “other sustainable forest management” must also submit the attached form as provided in Appendix A of this attestation. Capitalized terms used but not otherwise defined in this letter have the meanings set forth in the BioMAT Tariff.
(Company Name)
(Signature)
(Print Name)
(Title)
(Date)
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
APPENDIX A
CATEGORY 3 “OTHER SUSTAINABLE FOREST MANAGEMENT”
ELIGIBILITY FORM
Section I
1. OwnershipCategory:
[Identify if the parcel on which the Category 3 Project is conducted is owned by a private entity, state or federal government.]
2. Number of Acres:
[Identify how many acres are being treated / harvested by the forest management project.
3. Type of harvest document (If applicable):
[Identify the type of harvest document, state permit, federal permit or exemption that apply to the forest management project.]
4. Harvest Document Designator:
Identify the state or federal entity that issued the harvest permit, exemption or other document that applicable to the forest management project.]
5. Facility Identifier:
[Provide the identifier for the Facility which will receive and utilize the forest biomass to generate energy.]
Section II
To qualify as a Category 3 Project utilizing feedstock from other sustainable forest management activities, the fuel procured from these activities must provide at least 12 of the 16 co-benefit items identified in Sections A through E below. In addition, the forest management project must meet at least one of the activities listed in each of Sections A through D. A Registered Professional Forester must certify that the planned forest management activities meet the sustainability criteria under Section 2.2.3.4 of CPUC Decision 14-12-081.
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
Note: Please keep responses brief (under 250 words) and focused on the basis for the determination that the forest management project will support sustainability of the specific objective. In lieu of providing a written response, or in addition to the written response, where appropriate, provide source references to the approved harvest/NEPA document where discussion of potential significant adverse impacts, evaluation and mitigation measures are provided.
A. Habitat Temporal and Spatial Diversity Objectives (Describe all that apply)
1. Openings for shade intolerant species were created to promote regeneration and habitat diversity.
Please describe percent and distribution of areas in small openings less than 2.5 acres in size and planned regeneration methods.
2. Multi-age, multi-species tree habitats were created at the project level.
Please describe how the forest management project will support maintenance, enhancement and/or restoration of canopy cover and maintain or increase the quadratic mean diameter of an overstory of multi-age, multi-species tree habitat immediately post-harvest.
3. Understory vegetation was retained and distributed across the immediately post-harvest forest management project site consistent with fire threat reduction and habitat objectives and contributes to spatial heterogeneity by varying treatments to retain untreated patches, openings, and widely spaced single trees and clumps.
Please describe objectives for retention of understory shrubs and trees and estimate post-harvest areas of untreated patches and openings.
B. Habitat Elements: (Describe all that apply)
1. Snags are retained consistent with safety, FPRs, and fire threat reduction goals.
Please describe post-harvest snag retention objectives and estimate the percentage of existing snags to be removed as part of the planned forest management activities.
2. Down logs with benefit to habitat diversity are retained consistent with fire threat reduction goals.
Please describe forest management project treatment objectives for retention of existing or forest management project related down woody material.
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
3. Large hardwoods and legacy trees are retained as post-treatment stand components and habitat.
Please describe post-harvest retention objectives for hardwoods and legacy trees.
4.Management practices and harvesting associated with the forest management project impacts are consistent with the objectives of retaining or recruiting large trees at the forest management project and landscape level.
Please describe post-harvest old growth tree retention objectives.
C. Forest Health and, Fire Management Objectives: (Describe all that apply)
1. Fire threat is reduced through treatment of ladder fuels and surface fuels to achieve reduction in incidence of crown torching in overstory trees and to avoid active crown fires under most conditions.
Please describe post-harvest spatial arrangement objectives for retention of understory shrubs and trees in relation to overstory trees.
2. Outcomes support reintroduction of prescribed fire.
Please describe, if applicable, post-harvest surface and ladder fuel conditions and proposed use of prescribed fire.
3. Improvement of overall forest health through reduction in overstocking in small tree sizes and reduction of competition for soil moisture with overstory trees.
Please describe.
D. Air and Water Quality Protection: (Describe all that apply)
1. Avoided emissions by eliminating need for open burning of slash piles and/or decomposition.
Please describe the relative reduction in emissions attributable to removal of material from the forest management project site for use as fuel for energy generation in comparison to piling and burning or piling and decomposition.
2. Measures have been incorporated to address moist microsites, and near stream habitats.
Please describe what measures will be employed to protect moist microsites and near-stream habitats.
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
3. Soil protection measures used to minimize compaction and loss of A-horizons and soil carbon.
Please describe.
4. Operational plans provide for the retention of fine woody debris to minimize potential threats to soil productivity (and meet fire threat reduction objectives).
Please describe.
E. Societal and Economic Benefits: (Describe all that apply)
1. The forest management project contributes to societal benefits of local communities by way of fire safety, improved environmental health and overall quality of life.
Please describe.
2. The forest management project contributes to local economies by way of providing additional to local employment opportunities and investment.
Please describe.
Seller hereby certifies that the above statements are true and complete. [Insert Seller
name] [Date]
By:
Name:
Title:
I certify that the planned forest management activities described above meet the sustainability criteria under Section 2.2.3.4 of CPUC Decision 14-12-081. [Insert name of Registered Professional Forester]
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
[Insert name of agency]
By:
Name:
Title:
[CCA]
BIOENERGY MARKET ADJUSTING TARIFF
PROGRAM (BIOMAT PROGRAM) –
FUEL RESOURCE ATTESTATION
Please mail completed form to:
[CCA Name, Address, and
Contact]
Attachment F
Summary of BioMAT Eligibility for Generators:
The BioMAT Program has very specific eligibility requirements for generators:
Physical Location: located in either SCE or PG&E’s service area. Maximum Capacity: 3 MW for generator’s nameplate capacity. Site Control: Must have site control (ownership, option, lease). Interconnection: Project must be interconnected to distribution system and have passed the Fast Track screens, or completed a System Impact Study (Independent Study Process) or completed a Phase 1 Study (Distribution Group or Cluster Study Process).
Fuel Requirements: 100% of Fuel Use must be from an eligible Fuel Resource Category with at least 80% from the applicable Fuel Resource Category. Exception:
For Category 2 (Dairy), 100% of Fuel Use must come from the dairy digester. Commercial Online Date: Must occur on or after June 1, 2013. ReMAT: Project cannot concurrently participate in ReMAT. Application Fee: $2/kW.
Project documents: Must provide a single line diagram, facility layout, site map, initial fuel use attestation, table of major equipment, and ownership documentation.
Developer Experience: At least one member of the development team must have completed at least one project of similar technology and capacity. Daisy-Chaining: The Project must be the only exporting project being developed, owned, or controlled by the Applicant on any single or contiguous pieces of property.
Metering: Projects must be electrically independent and separately metered. Qualifying Facility: The Project must be a Qualifying Facility, as defined by the Federal Energy Regulatory Commission. This classifies BioMAT as a PURPA PPA. Other Incentives: A Project that received Self Generation Incentive Program (SGIP) incentives within the past 10 years is ineligible to participate in BioMAT. Net Energy Metering (NEM): If awarded a BioMAT PPA, Applicant must terminate participation in NEM for the Project prior to the BioMAT PPA’s Execution Date.