Request Summary
Waiver for Forward Showing capacity lost/delay
Co-sponsors
Description Of Issue
Section 16.2.4 of the Tariff currently only allows participants to seek waivers of FS capacity requirements if capacity lost b/c of catastrophic failure due to Force Majeure. The inability to show sufficient specified source capacity at FS deadline could occur due to no fault of the participant and for credible reasons – aside from Force Majeure. Not having a waiver beyond Force Majeure is an issue other events such as but are not limited to: supply chain constraints, lawsuits, developer failure to perform, appearance of loads not previously forecasted, unable to obtain sellers signature on JCAF, are all true legitimate reasons additional space is needed for a waiver
Proposed Solution
Provide opportunity to seek waivers from FS Capacity requirements for legitimate reasons beyond Force Majeure.
Specific Document And Language
Additional waiver language in 16.2.4.
Suggested Language Update
Benefits
Reduces the risk of failure to meet Forward Showing Capacity requirements, due to causes outside the control of a participant. Removes a risk factor for participation in program by having waiver ability when unexpected events happen outside of Force Majeure.
Data Or Information