during the Interconnection Facilities Study, after receipt of the
Interconnection Facilities Study Report issued pursuant to Section
8.3 of this LGIP, or after receipt of the draft LGIA but before
Interconnection Customer has executed an LGIA or has requested that
its LGIA be filed unexecuted, and has satisfied the other
requirements described in Section 11.3 of this LGIP (i.e., Site
Control demonstration, LGIA Deposit, reasonable evidence of one or
more milestones in the development of the Generating Facility),
Interconnection Customer shall be charged ten percent (10%) its
estimated Network Upgrade costs.
    (d) If Interconnection Customer has executed an LGIA or has
requested that its LGIA be filed unexecuted and has satisfied the
other requirements described in Section 11.3 of this LGIP (i.e.,
Site Control demonstration, LGIA Deposit, reasonable evidence of one
or more milestones in the development of the Generating Facility)
and subsequently withdraws its Interconnection Request or if
Interconnection Customer's Generating Facility otherwise does not
reach Commercial Operation, that Interconnection Customer's
Withdrawal Penalty shall be twenty percent (20%) its estimated
Network Upgrade costs.

<IP_ADDRESS> Distribution of the Withdrawal Penalty

<IP_ADDRESS>.1 Initial Distribution of Withdrawal Penalties Prior To
Assessment of Network Upgrade Costs Previously Shared With
Withdrawn Interconnection Customers in the Same Cluster

    For a single cluster, Transmission Provider shall hold all
Withdrawal Penalty funds until all Interconnection Customers in that
Cluster have either: (1) withdrawn or been deemed withdrawn; (2)
executed an LGIA; or (3) requested an LGIA to be filed unexecuted.
Any Withdrawal Penalty funds collected from the Cluster shall first
be used to fund studies conducted under the Cluster Study Process
for Interconnection Customers in the same Cluster that have executed
the LGIA or requested the LGIA to be filed unexecuted. Next, after
the Withdrawal Penalty funds are applied to relevant study costs in
the same Cluster, Transmission Provider will apply the remaining
Withdrawal Penalty funds to reduce net increases, for
Interconnection Customers in the same Cluster, in Interconnection
Customers' Network Upgrade cost assignment and associated financial
security requirements under Article 11.5 of the pro forma LGIA
attributable to the impacts of withdrawn Interconnection Customers
that shared an obligation with the remaining Interconnection
Customers to fund a Network Upgrade, as described in more detail in
Sections <IP_ADDRESS>.3 and <IP_ADDRESS>.4.
    Withdrawal Penalty funds shall first be applied as a refund to
invoiced study costs for Interconnection Customers in the same
Cluster that did not withdraw within 30 Calendar Days of such
Interconnection Customers executing their LGIA or requesting to have
their LGIA filed unexecuted. Distribution of Withdrawal Penalty
funds within one specific Cluster Study for study costs shall not
exceed the total actual Cluster Study costs. Withdrawal Penalty
funds applied to study costs shall be allocated within the same
Cluster to Interconnection Customers in a manner consistent with the
Transmission Provider's method in Section 13.3 of this LGIP for
allocating the costs of interconnection studies conducted on a
clustered basis. Transmission Provider shall post the balance of
Withdrawal Penalty funds held by Transmission Provider but not yet
dispersed on its OASIS site and update this posting on a quarterly
basis.
    If an Interconnection Customer withdraws after it executes, or
requests the unexecuted filing of, its LGIA, Transmission Provider
shall first apply such Interconnection Customer's Withdrawal Penalty
funds to any restudy costs required due to the Interconnection
Customer's withdrawal as a credit to as-yet-to be invoiced study
costs to be charged to the remaining Interconnection Customers in
the same Cluster in a manner consistent with the Transmission
Provider's method in Section 13.3 of this LGIP for allocating the
costs of interconnection studies conducted on a clustered basis.
Distribution of the Withdrawal Penalty funds for such restudy costs
shall not exceed the total actual restudy costs.

<IP_ADDRESS>.2 Assessment of Network Upgrade Costs Previously Shared
With Withdrawn Interconnection Customers in the Same Cluster

    If Withdrawal Penalty funds remain for the same Cluster after
the Withdrawal Penalty funds are applied to relevant study costs,
Transmission Provider will determine if the withdrawn
Interconnection Customers, at any point in the Cluster Study
Process, shared cost assignment for one or more Network Upgrades
with any remaining Interconnection Customers in the same Cluster
based on the Cluster Study Report, Cluster Restudy Report(s),
Interconnection Facilities Study Report, and any subsequent issued
restudy report issued for the Cluster.
    In section <IP_ADDRESS> of this LGIP, shared cost assignments for
Network Upgrades refers to the cost of Network Upgrades still needed
for the same Cluster for which an Interconnection Customer, prior to
withdrawing its Interconnection Request, shared the obligation to
fund along with Interconnection Customers that have executed an
LGIA, or requested the LGIA to filed unexecuted.
    If Transmission Provider's assessment determines that there are
no shared cost assignments for any Network Upgrades in the same
Cluster for the withdrawn Interconnection Customer, or determines
that the withdrawn Interconnection Customer's withdrawal did not
cause a net increase in the shared cost assignment for any remaining
Interconnection Customers' Network Upgrade(s) in the same Cluster,
Transmission Provider will return any remaining Withdrawal Penalty
funds to the withdrawn Interconnection Customer(s). Such remaining
Withdrawal Penalty funds will be returned to withdrawn
Interconnection Customers based on the proportion of each withdrawn
Interconnection Customer's contribution to the total amount of
Withdrawal Penalty funds collected for the Cluster (i.e., the total
amount before the initial disbursement required under Section
<IP_ADDRESS>.1 of this LGIP). Transmission Provider must make such
disbursement within sixty (60) Calendar Days of the date on which
all Interconnection Customers in the same Cluster have either: (1)
withdrawn or been deemed withdrawn; (2) executed an LGIA; or (3)
requested an LGIA to be filed unexecuted. For the withdrawn
Interconnection Customers that Transmission Provider determines have
caused a net increase in the shared cost assignment for one or more
Network Upgrade(s) in the same Cluster under subsection
<IP_ADDRESS>.3(a), Transmission Provider will determine each such
withdrawn Interconnection Customers' Withdrawal Penalty funds
remaining balance that will be applied toward net increases in
Network Upgrade shared costs calculated under subsections
<IP_ADDRESS>.3(a) and <IP_ADDRESS>.3(b) based on each such withdrawn
Interconnection Customer's proportional contribution to the total
amount of Withdrawal Penalty funds collected for the same Cluster
(i.e., the total amount before the initial disbursement requirement
under Section <IP_ADDRESS>.1 of this LGIP).
    If the Transmission Provider's assessment determines that there
are shared cost assignments for Network Upgrades in the same
Cluster, Transmission Provider will calculate the remaining
Interconnection Customers' net increase in cost assignment for
Network Upgrades due to a shared cost assignment for Network
Upgrades with the withdrawn Interconnection Customer and distribute
Withdrawal Penalty funds as described in Section <IP_ADDRESS>.3,
depending on whether the withdrawal occurred before the withdrawing
Interconnection Customer executed the LGIA (or filed unexecuted), as
described in subsection <IP_ADDRESS>.3(a), or after such execution (or
filing unexecuted) of an LGIA, as described in subsection
<IP_ADDRESS>.3(b).
    As discussed in subsection <IP_ADDRESS>.4, Transmission Provider will
amend executed (or filed unexecuted) LGIAs of the remaining

Interconnection Customers in the same Cluster to apply the remaining
Withdrawal Penalty funds to reduce net increases in Interconnection
Customers' Network Upgrade cost assignment and associated financial
security requirements under Article 11.5 of the pro forma LGIA
attributable to the impacts of withdrawn Interconnection Customers
on Interconnection Customers remaining in the same Cluster that had
a shared cost assignment for Network Upgrades with the withdrawn
Interconnection Customers.

<IP_ADDRESS>.3 Impact Calculations

<IP_ADDRESS>.3(a) Impact Calculation for Withdrawals During the Cluster
Study Process

    If an Interconnection Customer withdraws before it executes, or
requests the unexecuted filing of, its LGIA, the Transmission
Provider will distribute in the following manner the Withdrawal
Penalty funds to reduce the Network Upgrade cost impact on the
remaining Interconnection Customers in the same Cluster who had a
shared cost assignment for a Network Upgrade with the withdrawn
Interconnection Customer.
    To calculate the reduction in the remaining Interconnection
Customers' net increase in Network Upgrade costs and associated
financial security requirements under Article 11.5 of the pro forma
LGIA, the Transmission Provider will determine the financial impact
of a withdrawing Interconnection Customer on other Interconnection
Customers in the same Cluster that shared an obligation to fund the
same Network Upgrade(s). Transmission Provider shall calculate this
financial impact once all the Interconnection Customers in the same
Cluster either: (1) have withdrawn or have been deemed withdrawn;
(2) executed an LGIA; or (3) request an LGIA to be filed unexecuted.
Transmission Provider will perform the financial impact calculation
using the following steps.
    First, Transmission Provider must determine which withdrawn
Interconnection Customers shared an obligation to fund Network
Upgrades with Interconnection Customers from the same Cluster that
have LGIAs that are executed or have been requested to be filed
unexecuted. Next, Transmission Provider shall perform the
calculation of the financial impact of a withdrawal on another
Interconnection Request in the same Cluster by performing a
comparison of the Network Upgrade cost estimates between each of the
following:
    (1) Cluster Study phase to Cluster Restudy phase (if Cluster
Restudy was necessary);
    (2) Cluster Restudy phase to Facilities Study phase (if a
Cluster Restudy was necessary);
    (3) Cluster Study phase to Facilities Study phase (if no Cluster
Restudy was performed);
    (4) Facilities Study phase to any subsequent restudy that was
performed before the execution or filing of an unexecuted LGIA;
    (5) the restudy to the executed, or filed unexecuted, LGIA (if a
restudy was performed after the Facilities Study phase and before
the execution or filing of an unexecuted LGIA).
    If, based on the above calculations, Transmission Provider
determines:
    (i) that the costs assigned to an Interconnection Customer in
the same Cluster for Network Upgrades that a withdrawn
Interconnection Customer shared cost assignment for increased
between any two studies, and
    (ii) after the impacted Interconnection Customer's LGIA was
executed or filed unexecuted, the Interconnection Customer's cost
assignment for the relevant Network Upgrade is greater than it was
prior to the withdrawal of the Interconnection Customer in the same
Cluster that shared cost assignment for the Network Upgrade,

    then Transmission Provider shall apply the withdrawn
Interconnection Customer's Withdrawal Penalty funds that has not
already been applied to study costs in the amount of the financial
impact by reducing, in the same Cluster, the remaining
Interconnection Customer's Network Upgrade costs and associated
financial security requirements under Article 11.5 of the pro forma
LGIA.
    If Transmission Provider determines that more than one
Interconnection Customer in the same Cluster was financially
impacted by the same withdrawn Interconnection Customer,
Transmission Provider will apply the relevant withdrawn
Interconnection Customer's Withdrawal Penalty funds that has not
already been applied to study costs to reduce the financial impact
to each Interconnection Customer based on each Interconnection
Customer's proportional share of the financial impact, as determined
by either the proportional impact method if it is a System Network
Upgrade or on a per capita basis if it is a Substation Network
Upgrade, as described under Section 4.2.1 of this LGIP.

<IP_ADDRESS>.3(b) Impact Calculation for Withdrawals in the Same Cluster
After the Cluster Study Process

    If an Interconnection Customer withdraws after it executes, or
requests the unexecuted filing of, its LGIA, Transmission Provider
will distribute in the following manner the remaining Withdrawal
Penalty funds to reduce the Network Upgrade cost impact on the
remaining Interconnection Customers in the same Cluster who had a
shared cost assignment with the withdrawn Interconnection Customer
for one or more Network Upgrades.
    Transmission Provider will determine the financial impact on the
remaining Interconnection Customers in the same Cluster within 30
calendar days after the withdrawal occurs. The Transmission Provider
will determine that financial impact by comparing the Network
Upgrade cost funding obligations the Interconnection Customers
shared with the withdrawn Interconnection Customer before the
withdrawal of the Interconnection Customer and after the withdrawal
of the Interconnection Customer. If that comparison indicates an
increase in Network Upgrade costs for an Interconnection Customer,
Transmission Provider shall apply the withdrawn Interconnection
Customer's Withdrawal Penalty funds to the increased costs each
impacted Interconnection Customer in the same Cluster experienced
associated with such Network Upgrade(s) in proportion to each
Interconnection Customer's increased cost assignment, as determined
by Transmission Provider.

<IP_ADDRESS>.4 Amending LGIA To Apply Reductions To Interconnection
Customer's Assigned Network Upgrade Costs and Associated Financial
Security Requirement With Respect To Withdrawals in the Same Cluster

    Within 30 Calendar Days of all Interconnection Customers in the
same Cluster having: (1) withdrawn or been deemed withdrawn; (2)
executed an LGIA; or (3) requested an LGIA to be filed unexecuted,
Transmission Provider must perform the calculations described in
subsection <IP_ADDRESS>.3(a) of this LGIP and provide such
Interconnection Customers with an amended LGIA that provides the
reduction in Network Upgrade cost assignment and associated
reduction to the Interconnection Customer's financial security
requirements, under Article 11.5 of the pro forma LGIA, due from the
Interconnection Customer to the Transmission Provider.
    Where an Interconnection Customer executes the LGIA (or requests
the filing of an unexecuted LGIA) and is later withdrawn or its LGIA
is terminated, Transmission Provider must, within 30 Calendar Days
of such withdrawal or termination, perform the calculations
described in subsection <IP_ADDRESS>.3(b) of this LGIP and provide such
Interconnection Customers in the same Cluster with an amended LGIA
that provides the reduction in Network Upgrade cost assignment and
associated reduction to the Interconnection Customer's financial
security requirements, under Article 11.5 of the pro forma LGIA, due
from the Interconnection Customer to Transmission Provider.
    Any repayment by Transmission Provider to Interconnection
Customer under Article 11.4 of the pro forma LGIA of amounts
advanced for Network Upgrades after the Generating Facility achieves
Commercial Operation shall be limited to the Interconnection
Customer's total amount of Network Upgrade costs paid and associated
financial security provided to Transmission Provider under Article
11.5 of the pro forma LGIA.

<IP_ADDRESS>.5 Final Distribution of Withdrawal Penalty Funds

    If Withdrawal Penalty funds remain for the Cluster after the
Withdrawal Penalty funds are applied to relevant study costs and net
increases in shared cost assignments for Network Upgrades to
remaining Interconnection Customers, Transmission Provider will
return any remaining Withdrawal Penalty funds to the withdrawn
Interconnection Customers in the same Cluster net of the amount of
each withdrawn Interconnection Customer's Withdrawal Penalty funds
applied to study costs and net increases in shared cost assignments
for Network Upgrades to remaining Interconnection Customers.

3.8 Identification of Contingent Facilities

    Transmission Provider shall post in this section a method for
identifying the

Contingent Facilities to be provided to Interconnection Customer at
the conclusion of the [System Impact]Cluster Study and included in
Interconnection Customer's Large Generator Interconnection
Agreement. The method shall be sufficiently transparent to determine
why a specific Contingent Facility was identified and how it relates
to the Interconnection Request. Transmission Provider shall also
provide, upon request of [the]Interconnection Customer, the
estimated Interconnection Facility and/or Network Upgrade costs and
estimated in-service completion time of each identified Contingent
Facility when this information is readily available and not
commercially sensitive.

3.9 Penalties for Failure To Meet Study Deadlines

    (1) Transmission Provider shall be subject to a penalty if it
fails to complete a Cluster Study, Cluster Restudy, Interconnection
Facilities Study, or Affected Systems Study by the applicable
deadline set forth in this LGIP. Transmission Provider must pay the
penalty for each late Cluster Study, Cluster Restudy, and
Interconnection Facilities Study on a pro rata basis per
Interconnection Request to all Interconnection Customer(s) included
in the relevant study that did not withdraw, or were not deemed
withdrawn, from Transmission Provider's interconnection queue before
the missed study deadline. Transmission Provider must pay the
penalty for a late Affected Systems Study on a pro rata basis per
interconnection request to all Affected System Interconnection
Customer(s) included in the relevant Affected System Study that did
not withdraw, or were not deemed withdrawn, from the host
transmission provider's interconnection queue before the missed
study deadline. The study delay penalty for each late study shall be
distributed no later than forty-five (45) Calendar Days after the
late study has been completed.
    (2) For penalties assessed in accordance with this Section, the
penalty amount will be equal to: $1,000 per Business Day for delays
of Cluster Studies beyond the applicable deadline set forth in this
LGIP; $2,000 per Business Day for delays of Cluster Re-Studies
beyond the applicable deadline set forth in this LGIP; $2,000 per
Business Day for delays of Affected System Studies beyond the
applicable deadline set forth in this LGIP; and $2,500 per Business
Day for delays of Interconnection Facilities Studies beyond the
applicable deadline set forth in this LGIP. The total amount of a
penalty assessed under this Section shall not exceed: (a) one
hundred percent (100%) of the initial study deposit(s) received for
all of the Interconnection Requests in the Cluster for Cluster
Studies and Cluster Restudies; (b) one hundred percent (100%) of the
initial study deposit received for the single Interconnection
Request in the study for Facilities Studies; and (c) one hundred
percent (100%) of the study deposit(s) that Transmission Provider
collects for conducting the Affected System Study.
    (3) Transmission Provider may appeal to the Commission any
penalties imposed under this Section. Any such appeal must be filed
no later than forty-five (45) Calendar Days after the late study has
been completed. While an appeal to the Commission is pending,
Transmission Provider shall remain liable for the penalty, but need
not distribute the penalty until forty-five (45) Calendar Days after
(1) the deadline for filing a rehearing request has ended, if no
requests for rehearing of the appeal have been filed, or (2) the
date that any requests for rehearing of the Commission's decision on
the appeal are no longer pending before the Commission. The
Commission may excuse Transmission Provider from penalties under
this Section for good cause.
    (4) No penalty will be assessed under this Section where a study
is delayed by ten (10) Business Days or less. If the study is
delayed by more than ten (10) Business Days, the penalty amount will
be calculated from the first Business Day the Transmission Provider
misses the applicable study deadline.
    (5) If (a) Transmission Provider needs to extend the deadline
for a particular study subject to penalties under this Section and
(b) all Interconnection Customers or Affected System Interconnection
Customers included in the relevant study mutually agree to such an
extension, the deadline for that study shall be extended thirty (30)
Business Days from the original deadline. In such a scenario, no
penalty will be assessed for Transmission Provider missing the
original deadline.
    (6) No penalties shall be assessed until the third Cluster Study
cycle (including any Transitional Cluster Study cycle, but not
Transitional Serial Studies) after the Commission-approved effective
date of Transmission Provider's filing made in compliance with the
Final rule in Docket No. RM22-14-000.
    (7) Transmission Provider must maintain on its OASIS or its
public website summary statistics related to penalties assessed
under this Section, updated quarterly. For each calendar quarter,
Transmission Provider must calculate and post (1) the total amount
of penalties assessed under this Section during the previous
reporting quarter and (2) the highest penalty assessed under this
Section paid to a single Interconnection Customer or Affected System
Interconnection Customer during the previous reporting quarter.
Transmission Provider must post on its OASIS or its website these
penalty amounts for each calendar quarter within thirty (30)
Calendar Days of the end of the calendar quarter. Transmission
Provider must maintain the quarterly measures posted on its OASIS or
its website for three (3) calendar years with the first required
posting to be the third Cluster Study cycle (including any
Transitional Cluster Study cycle, but not Transitional Serial
Studies) after Transmission Provider transitions to the Cluster
Study Process.

Section 4. Interconnection Request Evaluation Process [Queue Position]

    Once an Interconnection Customer has submitted a valid
Interconnection Request pursuant to Section 3.4 of this LGIP, such
Interconnection Request shall become part of the Transmission
Provider's interconnection queue for further processing pursuant to
the following procedures.

4.1 Queue Position [General]

4.1.1 Assignment of Queue Position

    Transmission Provider shall assign a Queue Position as follows:
the Queue Position within the queue shall be assigned based upon the
date and time of receipt of all items required pursuant to the
provisions of Section 3.4 of this LGIP. All Interconnection Requests
submitted and validated in a single Cluster Request Window shall be
considered equally queued. [based upon the date and time of receipt
of the valid Interconnection Request; provided that, if the sole
reason an Interconnection Request is not valid is the lack of
required information on the application form, and Interconnection
Customer provides such information in accordance with Section 3.4.3,
then Transmission Provider shall assign Interconnection Customer a
Queue Position based on the date the application form was originally
filed. Moving a Point of Interconnection shall result in a lowering
of Queue Position if it is deemed a Material Modification under
Section 4.4.3.]
    [The Queue Position of each Interconnection Request will be used
to determine the order of performing the Interconnection Studies and
determination of cost responsibility for the facilities necessary to
accommodate the Interconnection Request. A higher queued]

4.1.2 Higher Queue Position

    A higher Queue Position assigned to an Interconnection Request
is one that has been placed ``earlier'' in the queue in relation to
another Interconnection Request that is [lower queued. Transmission
Provider may allocate the cost of the common upgrades for clustered
Interconnection Requests without regard to Queue Position.]assigned
a lower Queue Position. All requests studied in a single Cluster
shall be considered equally queued. Interconnection Customers that
are part of Clusters initiated earlier in time than an instant Queue
shall be considered to have a higher Queue Position than
Interconnection Customers that are part of Clusters initiated later
than an instant Queue.

[4.2 Clustering

    At Transmission Provider's option, Interconnection Requests may
be studied serially or in clusters for the purpose of the
Interconnection System Impact Study.
    Clustering shall be implemented on the basis of Queue Position.
If Transmission Provider elects to study Interconnection Requests
using Clustering, all Interconnection Requests received within a
period not to exceed one hundred and eighty (180) Calendar Days,
hereinafter referred to as the ``Queue Cluster Window'' shall be
studied together without regard to the nature of the underlying
Interconnection Service, whether Energy Resource Interconnection
Service or Network Resource Interconnection Service. The deadline
for completing all Interconnection System Impact Studies for which
an Interconnection System Impact Study Agreement has been executed
during a Queue Cluster Window shall be in accordance with Section
7.4, for all Interconnection Requests assigned to the same Queue
Cluster Window. Transmission

Provider may study an Interconnection Request separately to the
extent warranted by Good Utility Practice based upon the electrical
remoteness of the proposed Large Generating Facility.]

4.2 General Study Process

    [Clustering Interconnection System Impact
Studies]Interconnection Studies performed within the Cluster Study
Process shall be conducted in such a manner to ensure the efficient
implementation of the applicable regional transmission expansion
plan in light of the Transmission System's capabilities at the time
of each study and consistent with Good Utility Practice.
    Transmission Provider may use subgroups in the Cluster Study
Process. In all instances in which Transmission Provider elects to
use subgroups in the cluster study process, Transmission Provider
must publish the criteria used to define and determine subgroups on
its OASIS or public website.
    [The Queue Cluster Window shall have a fixed time interval based
on fixed annual opening and closing dates. Any changes to the
established Queue Cluster Window interval and opening or closing
dates shall be announced with a posting on Transmission Provider's
OASIS beginning at least one hundred and eighty (180) Calendar Days
in advance of the change and continuing thereafter through the end
date of the first Queue Cluster Window that is to be modified.]

4.2.1 Cost Allocation for Interconnection Facilities and Network
Upgrades

    (1) For Network Upgrades identified in Cluster Studies,
Transmission Provider shall calculate each Interconnection
Customer's share of the costs as follows:
    (a) Substation Network Upgrades, including all switching
stations, shall be allocated per capita to each Generating Facility
interconnecting at the same substation.
    (b) System Network Upgrades shall be allocated based on the
proportional impact of each individual Generating Facility in the
Cluster Study on the need for a specific System Network Upgrade.
{Transmission Provider shall include in this section a description
of how cost for each facility type designated as a network upgrade
will be allocated using its proportional impact method.{time}
    (c) An Interconnection Customer that funds Substation Network
Upgrades and/or System Network Upgrades shall be entitled to
transmission credits as provided in Article 11.4 of the LGIA.
    (2) The costs of any needed Interconnection Facilities
identified in the Cluster Study Process will be directly assigned to
the Interconnection Customer(s) using such facilities. Where
Interconnection Customers in the Cluster agree to share
Interconnection Facilities, the cost of such Interconnection
Facilities shall be allocated based on the number of Generating
Facilities sharing use of such Interconnection Facilities on a per
capita basis (i.e., on a per Generating Facility basis), unless
Parties mutually agree to a different cost sharing arrangement.

4.3 Transferability of Queue Position

    An Interconnection Customer may transfer its Queue Position to
another entity only if such entity acquires the specific Generating
Facility identified in the Interconnection Request and the Point of
Interconnection does not change.

4.4 Modifications

    Interconnection Customer shall submit to Transmission Provider,
in writing, modifications to any information provided in the
Interconnection Request. Interconnection Customer shall retain its
Queue Position if the modifications are in accordance with Sections
4.4.1, 4.4.2, or 4.4.5 of this LGIP, or are determined not to be
Material Modifications pursuant to Section 4.4.3 of this LGIP.
    Notwithstanding the above, during the course of the
Interconnection Studies, either Interconnection Customer or
Transmission Provider may identify changes to the planned
interconnection that may improve the costs and benefits (including
reliability) of the interconnection, and the ability of the proposed
change to accommodate the Interconnection Request. To the extent the
identified changes are acceptable to Transmission Provider[,] and
Interconnection Customer, such acceptance not to be unreasonably
withheld, Transmission Provider shall modify the Point of
Interconnection prior to return of the executed Cluster Study
Agreement, [and/or configuration in accordance with such changes and
proceed with any re-studies necessary to do so in accordance with
Section 6.4, Section 7.6 and Section 8.5 as applicable] and
Interconnection Customer shall retain its Queue Position.
    4.4.1 Prior to the return of the executed [Interconnection
System Impact]Cluster Study Agreement to Transmission Provider,
modifications permitted under this Section shall include
specifically: (a) a decrease of up to 60 percent of electrical
output (MW) of the proposed project, through either (1) a decrease
in plant size or (2) a decrease in Interconnection Service level
(consistent with the process described in Section 3.1 of this LGIP)
accomplished by applying Transmission Provider-approved injection-
limiting equipment; (b) modifying the technical parameters
associated with the Large Generating Facility technology or the
Large Generating Facility step-up transformer impedance
characteristics; and (c) modifying the interconnection
configuration. For plant increases, the incremental increase in
plant output will go [to]in the [end of the queue]next Cluster Study
Window for the purposes of cost allocation and study analysis.
    4.4.2 Prior to the return of the executed Interconnection
Facilit[y]ies Study Agreement to Transmission Provider, the
modifications permitted under this Section shall include
specifically: (a) additional 15 percent decrease of electrical
output of the proposed project through either (1) a decrease in
plant size (MW) or (2) a decrease in Interconnection Service level
(consistent with the process described in Section 3.1) accomplished
by applying Transmission Provider-approved injection-limiting
equipment; (b) Large Generating Facility technical parameters
associated with modifications to Large Generating Facility
technology and transformer impedances; provided, however, the
incremental costs associated with those modifications are the
responsibility of the requesting Interconnection Customer; and (c) a
Permissible Technological Advancement for the Large Generating
Facility after the submission of the Interconnection Request.
Section 4.4.6 specifies a separate technological change procedure
including the requisite information and process that will be
followed to assess whether the Interconnection Customer's proposed
technological advancement under Section 4.4.2(c) is a Material
Modification. Section 1 contains a definition of Permissible
Technological Advancement.
    4.4.3 Prior to making any modification other than those
specifically permitted by Sections 4.4.1, 4.4.2, and 4.4.5 of this
LGIP, Interconnection Customer may first request that Transmission
Provider evaluate whether such modification is a Material
Modification. In response to Interconnection Customer's request,
Transmission Provider shall evaluate the proposed modifications
prior to making them and inform Interconnection Customer in writing
of whether the modifications would constitute a Material
Modification. Any change to the Point of Interconnection, except
those deemed acceptable under Sections 3.1.2 or 4.4 of this LGIP[.1,
6.1, 7.2] or so allowed elsewhere, shall constitute a Material
Modification. Interconnection Customer may then withdraw the
proposed modification or proceed with a new Interconnection Request
for such modification. Transmission Provider shall study the
addition of a Generating Facility that includes at least one
electric storage resource using operating assumptions (i.e., whether
the interconnecting Generating Facility will or will not charge at
peak load) that reflect the proposed charging behavior of the
Generating Facility as requested by Interconnection Customer, unless
Transmission Provider determines that Good Utility Practice,
including Applicable Reliability Standards, otherwise requires the
use of different operating assumptions.
    {Transmission Providers using fuel-based dispatch assumptions in
Interconnection Studies are not required to include Section <IP_ADDRESS>
because it does not apply to them{time}
    <IP_ADDRESS> Interconnection Customer may request, and Transmission
Provider shall evaluate, the addition to the Interconnection Request
of a Generating Facility with the same Point of Interconnection
indicated in the initial Interconnection Request, if the addition of
the Generating Facility does not increase the requested
Interconnection Service level. Transmission Provider must evaluate
such modifications prior to deeming them a Material Modification,
but only if Interconnection Customer submits them prior to the
return of the executed Facilities Study Agreement by Interconnection
Customer to Transmission Provider. Interconnection Customers
requesting that such a modification be evaluated must demonstrate
the required Site Control at the time such request is made.

    4.4.4 Upon receipt of Interconnection Customer's request for
modification permitted under this Section 4.4, Transmission Provider
shall commence and perform any necessary additional studies as soon
as practicable, but in no event shall Transmission Provider commence
such studies later than thirty (30) Calendar Days after receiving
notice of Interconnection Customer's request. Any additional studies
resulting from such modification shall be done at Interconnection
Customer's cost. Any such request for modification of the
Interconnection Request must be accompanied by any resulting updates
to the models described in Attachment A to Appendix 1 of this LGIP.
    4.4.5 Extensions of less than three (3) cumulative years in the
Commercial Operation Date of the Large Generating Facility to which
the Interconnection Request relates are not material and should be
handled through construction sequencing. For purposes of this
section, the Commercial Operation Date reflected in the initial
Interconnection Request shall be used to calculate the permissible
extension prior to Interconnection Customer executing an LGIA or
requesting that the LGIA be filed unexecuted. After an LGIA is
executed or requested to be filed unexecuted, the Commercial
Operation Date reflected in the LGIA shall be used to calculate the
permissible extension. Such cumulative extensions may not exceed
three years including both extensions requested after execution of
the LGIA by Interconnection Customer or the filing of an unexecuted
LGIA by Transmission Provider and those requested prior to execution
of the LGIA by Interconnection Customer or the filing of an
unexecuted LGIA by Transmission Provider.

4.4.6 Technological Change Procedures

    {Insert technological change procedure here{time}

Section 5. Procedures for Interconnection Requests Submitted Prior to
Effective Date of the Cluster Study Revisions[Standard Large Generator
Interconnection Procedures]

5.1 Procedures for Transitioning to the Cluster Study Process [Queue
Position for Pending Requests.]

5.1.1

    [Any Interconnection Customer assigned a Queue Position prior to
the effective date of this LGIP shall retain that Queue Position.]
    Any Interconnection Customer assigned a Queue Position as of
thirty (30) Calendar Days after {Transmission Provider to insert
filing date{time}  (the filing date of this LGIP) shall retain that
Queue Position subject to the requirements in Sections <IP_ADDRESS> and
<IP_ADDRESS> of this LGIP. Any Interconnection Customer that fails to
meet these requirements shall have its Interconnection Request
deemed withdrawn by Transmission Provider pursuant to Section 3.7 of
this LGIP. In such case, Transmission Provider shall not assess the
Interconnection Customer any Withdrawal Penalty.
    Any Interconnection Customer that has received a final
Interconnection Facilities Study Report before the commencement of
the studies under the transition process set forth in this section
shall be tendered an LGIA pursuant to Section 11 of this LGIP, and
shall not be required to enter this transition process.

<IP_ADDRESS> Transitional Serial Study

    [If an Interconnection Study Agreement has not been executed as
of the effective date of this LGIP, then such Interconnection Study,
and any subsequent Interconnection Studies, shall be processed in
accordance with this LGIP.]
    An Interconnection Customer that has been tendered an
Interconnection Facilities Study Agreement as of thirty (30)
Calendar Days after {Transmission Provider to insert filing
date{time}  (the filing date of this LGIP) may opt to proceed with
an Interconnection Facilities Study. Transmission Provider shall
tender each eligible Interconnection Customer a Transitional Serial
Interconnection Facilities Study Agreement, in the form of Appendix
8 to this LGIP, no later than the Commission-approved effective date
of this LGIP. Transmission Provider shall proceed with the
Interconnection Facilities Study, provided that the Interconnection
Customer: (1) meets each of the following requirements; and (2)
executes the Transitional Serial Interconnection Facilities Study
Agreement within sixty (60) Calendar Days of the Commission-approved
effective date of this LGIP. If an eligible Interconnection Customer
does not meet these requirements, its Interconnection Request shall
be deemed withdrawn without penalty. Transmission Provider must
commence the Transitional Serial Interconnection Facilities Study at
the conclusion of this sixty (60) Calendar Day period. Transitional
Serial Interconnection Facilities Study costs shall be allocated
according to the method described in Section 13.3 of this LGIP.
    All of the following must be included when an Interconnection
Customer returns the Transitional Serial Interconnection Facilities
Study Agreement:
    (1) A deposit equal to one hundred percent (100%) of the costs
identified for Transmission Provider's Interconnection Facilities
and Network Upgrades in Interconnection Customer's system impact
study report. If Interconnection Customer does not withdraw, the
deposit shall be trued up to actual costs once they are known and
applied to future construction costs described in Interconnection
Customer's eventual LGIA. Any amounts in excess of the actual
construction costs shall be returned to Interconnection Customer
within thirty (30) Calendar Days of the issuance of a final invoice
for construction costs, in accordance with Article 12.2 of the pro
forma LGIA. If Interconnection Customer withdraws or otherwise does
not reach Commercial Operation, Transmission Provider shall refund
the remaining deposit after the final invoice for study costs and
Withdrawal Penalty is settled. The deposit shall be in the form of
an irrevocable letter of credit or cash where cash deposits shall be
treated according to Section 3.7 of this LGIP.
    (2) Exclusive Site Control for 100% of the proposed Generating
Facility.
    Transmission Provider shall conduct each Transitional Serial
Interconnection Facilities Study and issue the associated
Transitional Serial Interconnection Facilities Study Report within
one hundred fifty (150) Calendar Days of the Commission-approved
effective date of this LGIP.
    After Transmission Provider issues each Transitional
Interconnection Facilities Study Report, Interconnection Customer
shall proceed pursuant to Section 11 of this LGIP. If
Interconnection Customer withdraws its Interconnection Request or if
Interconnection Customer's Generating Facility otherwise does not
reach Commercial Operation, a Withdrawal Penalty shall be imposed on
Interconnection Customer equal to nine (9) times Interconnection
Customer's total study cost incurred since entering the Transmission
Provider's interconnection queue (including the cost of studies
conducted under Section 5 of this LGIP).

<IP_ADDRESS> Transitional Cluster Study

    [If an Interconnection Study Agreement has been executed prior
to the effective date of this LGIP, such Interconnection Study shall
be completed in accordance with the terms of such agreement. With
respect to any remaining studies for which an Interconnection
Customer has not signed an Interconnection Study Agreement prior to
the effective date of the LGIP, Transmission Provider must offer
Interconnection Customer the option of either continuing under
Transmission Provider's existing interconnection study process or
going forward with the completion of the necessary Interconnection
Studies (for which it does not have a signed Interconnection Studies
Agreement) in accordance with this LGIP.]
    An Interconnection Customer with an assigned Queue Position as
of thirty (30) Calendar Days after {Transmission Provider to insert
filing date{time}  (the filing date of this LGIP) may opt to proceed
with a Transitional Cluster Study. Transmission Provider shall
tender each eligible Interconnection Customer a Transitional Cluster
Study Agreement, in the form of Appendix 7 to this LGIP, no later
than the Commission-approved effective date of this LGIP.
Transmission Provider shall proceed with the Transitional Cluster
Study that includes each Interconnection Customer that: (1) meets
each of the following requirements listed as (1)-(3) in this
section; and (2) executes the Transitional Cluster Study Agreement
within sixty (60) Calendar Days of the Commission-approved effective
date of this LGIP. All Interconnection Requests that enter the
Transitional Cluster Study shall be considered to have an equal
Queue Position that is lower than Interconnection Customer(s)
proceeding with Transitional Serial Interconnection Facilities
Study. If an eligible Interconnection Customer does not meet these
requirements, its Interconnection Request shall be deemed withdrawn
without penalty. Transmission Provider must commence the
Transitional Cluster Study at the conclusion of this sixty (60)
Calendar Day period. All identified Transmission Provider's
Interconnection Facilities and Network Upgrade costs shall be
allocated according to Section 4.2.1 of this LGIP. Transitional
Cluster Study costs shall be allocated according to the method
described in Section 13.3 of this LGIP.

    Interconnection Customer may make a one-time extension to its
requested Commercial Operation Date upon entry into the Transitional
Cluster Study, where any such extension shall not result in a
Commercial Operation Date later than December 31, 2027.
    All of the following must be included when an Interconnection
Customer returns the Transitional Cluster Study Agreement:
    (1) A selection of either Energy Resource Interconnection
Service or Network Resource Interconnection Service.
    (2) A deposit of five million dollars ($5,000,000) in the form
of an irrevocable letter of credit or cash where cash deposits will
be treated according to Section 3.7 of this LGIP. If Interconnection
Customer does not withdraw, the deposit shall be reconciled with and
applied towards future construction costs described in the LGIA. Any
amounts in excess of the actual construction costs shall be returned
to Interconnection Customer within thirty (30) Calendar Days of the
issuance of a final invoice for construction costs, in accordance
with Article 12.2 of the pro forma LGIA. If Interconnection Customer
withdraws or otherwise does not reach Commercial Operation,
Transmission Provider must refund the remaining deposit once the
final invoice for study costs and Withdrawal Penalty is settled.
    (3) Exclusive Site Control for 100% of the proposed Generating
Facility.
    Transmission Provider shall conduct the Transitional Cluster
Study and issue both an associated interim Transitional Cluster
Study Report and an associated final Transitional Cluster Study
Report. The interim Transitional Cluster Study Report shall provide
the following information:

--identification of any circuit breaker short circuit capability
limits exceeded as a result of the interconnection;
--identification of any thermal overload or voltage limit violations
resulting from the interconnection;
--identification of any instability or inadequately damped response
to system disturbances resulting from the interconnection; and
--Transmission Provider's Interconnection Facilities and Network
Upgrades that are expected to be required as a result of the
Interconnection Request(s) and a non-binding, good faith estimate of
cost responsibility and a non-binding, good faith estimated time to
construct.

    In addition to the information provided in the interim
Transitional Cluster Study Report, the final Transitional Cluster
Study Report shall provide a description of, estimated cost of, and
schedule for construction of the Transmission Provider's
Interconnection Facilities and Network Upgrades required to
interconnect the Generating Facility to the Transmission System that
resolve issues identified in the interim Transitional Cluster Study
Report.
    The interim and final Transitional Cluster Study Reports shall
be issued within three hundred (300) and three hundred sixty (360)
Calendar Days of the Commission-approved effective date of this
LGIP, respectively, and shall be posted on Transmission Provider's
OASIS consistent with the posting of other study results pursuant to
Section 3.5.1 of this LGIP. Interconnection Customer shall have
thirty (30) Calendar Days to comment on the interim Transitional
Cluster Study Report, once it has been received.
    After Transmission Provider issues the final Transitional
Cluster Study Report, Interconnection Customer shall proceed
pursuant to Section 11 of this LGIP. If Interconnection Customer
withdraws its Interconnection Request or if Interconnection
Customer's Generating Facility otherwise does not reach Commercial
Operation, a Withdrawal Penalty will be imposed om Interconnection
Customer equal to nine (9) times Interconnection Customer's total
study cost incurred since entering the Transmission Provider's
interconnection queue (including the cost of studies conducted under
Section 5 of this LGIP).
    [<IP_ADDRESS> If an LGIA has been submitted to FERC for approval
before the effective date of the LGIP, then the LGIA would be
grandfathered.

5.1.2 Transition Period

    To the extent necessary, Transmission Provider and
Interconnection Customers with an outstanding request (i.e., an
Interconnection Request for which an LGIA has not been submitted to
FERC for approval as of the effective date of this LGIP) shall
transition to this LGIP within a reasonable period of time not to
exceed sixty (60) Calendar Days. The use of the term ``outstanding
request'' herein shall mean any Interconnection Request, on the
effective date of this LGIP: (i) that has been submitted but not yet
accepted by Transmission Provider; (ii) where the related
interconnection agreement has not yet been submitted to FERC for
approval in executed or unexecuted form, (iii) where the relevant
Interconnection Study Agreements have not yet been executed, or (iv)
where any of the relevant Interconnection Studies are in process but
not yet completed. Any Interconnection Customer with an outstanding
request as of the effective date of this LGIP may request a
reasonable extension of any deadline, otherwise applicable, if
necessary to avoid undue hardship or prejudice to its
Interconnection Request. A reasonable extension shall be granted by
Transmission Provider to the extent consistent with the intent and
process provided for under this LGIP.]

5.2 New Transmission Provider

    If Transmission Provider transfers control of its Transmission
System to a successor Transmission Provider during the period when
an Interconnection Request is pending, the original Transmission
Provider shall transfer to the successor Transmission Provider any
amount of the deposit or payment with interest thereon that exceeds
the cost that it incurred to evaluate the request for
interconnection. Any difference between such net amount and the
deposit or payment required by this LGIP shall be paid by or
refunded to the Interconnection Customer, as appropriate. The
original Transmission Provider shall coordinate with the successor
Transmission Provider to complete any Interconnection Study, as
appropriate, that the original Transmission Provider has begun but
has not completed. If Transmission Provider has tendered a draft
LGIA to Interconnection Customer but Interconnection Customer has
not either executed the LGIA or requested the filing of an
unexecuted LGIA with FERC, unless otherwise provided,
Interconnection Customer must complete negotiations with the
successor Transmission Provider.

Section 6. Interconnection Information Access [Feasibility Study]

6.1 Publicly Posted Interconnection Information

    Transmission Provider shall maintain and make publicly
available: (1) an interactive visual representation of the estimated
incremental injection capacity (in megawatts) available at each
point of interconnection in Transmission Provider's footprint under
N-1 conditions, and (2) a table of metrics concerning the estimated
impact of a potential Generating Facility on Transmission Provider's
Transmission System based on a user-specified addition of a
particular number of megawatts at a particular voltage level at a
particular point of interconnection. At a minimum, for each
transmission facility impacted by the user-specified megawatt
addition, the following information will be provided in the table:
(1) the distribution factor; (2) the megawatt impact (based on the
megawatt values of the proposed Generating Facility and the
distribution factor); (3) the percentage impact on each impacted
transmission facility (based on the megawatt values of the proposed
Generating Facility and the facility rating); (4) the percentage of
power flow on each impacted transmission facility before the
injection of the proposed project; (5) the percentage power flow on
each impacted transmission facility after the injection of the
proposed Generating Facility. These metrics must be calculated based
on the power flow model of the Transmission System with the transfer
simulated from each point of interconnection to the whole
Transmission Provider's footprint (to approximate Network Resource
Interconnection Service), and with the incremental capacity at each
point of interconnection decremented by the existing and queued
Generating Facilities (based on the existing or requested
interconnection service limit of the generation). These metrics must
be updated within thirty (30) Calendar Days after the completion of
each Cluster Study and Cluster Restudy. This information must be
publicly posted, without a password or a fee. The website will
define all underlying assumptions, including the name of the most
recent Cluster Study or Restudy used in the Base Case.

[6.1 Interconnection Feasibility Study Agreement

    Simultaneously with the acknowledgement of a valid
Interconnection Request Transmission Provider shall provide to
Interconnection Customer an Interconnection Feasibility Study
Agreement in the form of Appendix 2. The Interconnection Feasibility
Study Agreement shall: specify that Interconnection Customer is
responsible for the actual cost of the Interconnection Feasibility
Study. Within five (5) Business

Days following the Scoping Meeting Interconnection Customer shall
specify for inclusion in the attachment to the Interconnection
Feasibility Study Agreement the Point(s) of Interconnection and any
reasonable alternative Point(s) of Interconnection. Within five (5)
Business Days following Transmission Provider's receipt of such
designation, Transmission Provider shall tender to Interconnection
Customer the Interconnection Feasibility Study Agreement signed by
Transmission Provider, which includes a good faith estimate of the
cost for completing the Interconnection Feasibility Study.
Interconnection Customer shall execute and deliver to Transmission
Provider the Interconnection Feasibility Study Agreement along with
a $10,000 deposit no later than thirty (30) Calendar Days after its
receipt.
    On or before the return of the executed Feasibility Study
Agreement to Transmission Provider, Interconnection Customer shall
provide the technical data called for in Appendix 1, Attachment A.
    If the Interconnection Feasibility Study uncovers any unexpected
result(s) not contemplated during the Scoping Meeting, a substitute
Point of Interconnection identified by either Interconnection
Customer or Transmission Provider, and acceptable to the other, such
acceptance not to be unreasonably withheld, will be substituted for
the designated Point of Interconnection specified above without loss
of Queue Position, and Re-studies shall be completed pursuant to
Section 6.4 as applicable. For the purpose of this Section 6.1, if
Transmission Provider and Interconnection Customer cannot agree on
the substituted Point of Interconnection, then Interconnection
Customer may direct that one of the alternatives as specified in the
Interconnection Feasibility Study Agreement, as specified pursuant
to Section 3.4.4, shall be the substitute.
    If Interconnection Customer and Transmission Provider agree to
forgo the Interconnection Feasibility Study, Transmission Provider
will initiate an Interconnection System Impact Study under Section 7
of this LGIP and apply the $10,000 deposit towards the
Interconnection System Impact Study.]

[6.2 Scope of Interconnection Feasibility Study

    The Interconnection Feasibility Study shall preliminarily
evaluate the feasibility of the proposed interconnection to the
Transmission System.
    The Interconnection Feasibility Study will consider the Base
Case as well as all generating facilities (and with respect to
(iii), any identified Network Upgrades) that, on the date the
Interconnection Feasibility Study is commenced: (i) are directly
interconnected to the Transmission System; (ii) are interconnected
to Affected Systems and may have an impact on the Interconnection
Request; (iii) have a pending higher queued Interconnection Request
to interconnect to the Transmission System; and (iv) have no Queue
Position but have executed an LGIA or requested that an unexecuted
LGIA be filed with FERC. The Interconnection Feasibility Study will
consist of a power flow and short circuit analysis. The
Interconnection Feasibility Study will provide a list of facilities
and a non-binding good faith estimate of cost responsibility and a
non-binding good faith estimated time to construct.]

[6.3 Interconnection Feasibility Study Procedures

    Transmission Provider shall utilize existing studies to the
extent practicable when it performs the study. Transmission Provider
shall use Reasonable Efforts to complete the Interconnection
Feasibility Study no later than forty-five (45) Calendar Days after
Transmission Provider receives the fully executed Interconnection
Feasibility Study Agreement. At the request of Interconnection
Customer or at any time Transmission Provider determines that it
will not meet the required time frame for completing the
Interconnection Feasibility Study, Transmission Provider shall
notify Interconnection Customer as to the schedule status of the
Interconnection Feasibility Study. If Transmission Provider is
unable to complete the Interconnection Feasibility Study within that
time period, it shall notify Interconnection Customer and provide an
estimated completion date with an explanation of the reasons why
additional time is required. Upon request, Transmission Provider
shall provide Interconnection Customer supporting documentation,
workpapers and relevant power flow, short circuit and stability
databases for the Interconnection Feasibility Study, subject to
confidentiality arrangements consistent with Section 13.1.
    Transmission Provider shall study the Interconnection Request at
the level of service requested by the Interconnection Customer,
unless otherwise required to study the full Generating Facility
Capacity due to safety or reliability concerns.]

[6.3.1 Meeting With Transmission Provider

    Within ten (10) Business Days of providing an Interconnection
Feasibility Study report to Interconnection Customer, Transmission
Provider and Interconnection Customer shall meet to discuss the
results of the Interconnection Feasibility Study.]

[6.4 Re-Study

    If Re-Study of the Interconnection Feasibility Study is required
due to a higher queued project dropping out of the queue, or a
modification of a higher queued project subject to Section 4.4, or
re-designation of the Point of Interconnection pursuant to Section
6.1 Transmission Provider shall notify Interconnection Customer in
writing. Such Re-Study shall take not longer than forty-five (45)
Calendar Days from the date of the notice. Any cost of Re-Study
shall be borne by the Interconnection Customer being re-studied.]

Section 7. [Interconnection System Impact] Cluster Study

7.1 [Interconnection System Impact] Cluster Study Agreement

    [Unless otherwise agreed, pursuant to the Scoping Meeting
provided in Section 3.4.4, simultaneously with the delivery of the
Interconnection Feasibility Study to Interconnection Customer] No
later than five (5) Business Days after the close of a Cluster
Request Window, Transmission Provider shall [provide ] tender to
each Interconnection Customer [an] that submitted a valid
Interconnection[ System Impact] Request a Cluster Study Agreement in
the form of Appendix 2[3] to this LGIP. The [Interconnection System
Impact] Cluster Study Agreement shall [provide that ] require
Interconnection Customer [shall] to compensate Transmission Provider
for the actual cost of the [Interconnection System Impact
Study.]Cluster Study pursuant to Section 13.3 of this LGIP. The
specifications, assumptions, or other provisions in the appendices
of the Cluster Study Agreement provided pursuant to Section 7.1 of
this LGIP shall be subject to change by Transmission Provider
following the conclusion of the Scoping Meeting. [Within three (3)
Business Days following the Interconnection Feasibility Study
results meeting, Transmission Provider shall provide to
Interconnection Customer a non-binding good faith estimate of the
cost and timeframe for completing the Interconnection System Impact
Study.]

7.2 Execution of [Interconnection System Impact]Cluster Study Agreement

    Interconnection Customer shall execute the [Interconnection
System Impact]Cluster Study Agreement and deliver the executed
[Interconnection System Impact]Cluster Study Agreement to
Transmission Provider no later than [thirty (30) Calendar Days after
its receipt along with demonstration of Site Control, and a $50,000
deposit] the close of the Customer Engagement Window.
    If Interconnection Customer does not provide all [such] required
technical data when it delivers the [Interconnection System
Impact]Cluster Study Agreement, Transmission Provider shall notify
Interconnection Customer of the deficiency within five (5) Business
Days of the receipt of the executed [Interconnection System Impact]
Cluster Study Agreement and Interconnection Customer shall cure the
deficiency within ten (10) Business Days of receipt of the notice,
provided, however, such deficiency does not include failure to
deliver the executed [Interconnection System Impact]Cluster Study
Agreement or Study Deposit.
    [If the Interconnection System Impact Study uncovers any
unexpected result(s) not contemplated during the Scoping Meeting and
the Interconnection Feasibility Study, a substitute Point of
Interconnection identified by either Interconnection Customer or
Transmission Provider, and acceptable to the other, such acceptance
not to be unreasonably withheld, will be substituted for the
designated Point of Interconnection specified above without loss of
Queue Position, and restudies shall be completed pursuant to Section
7.6 as applicable. For the purpose of this Section 7.2, if
Transmission Provider and Interconnection Customer cannot agree on
the substituted Point of Interconnection, then Interconnection
Customer may direct that one of the alternatives as specified in the
Interconnection Feasibility Study Agreement,

as specified pursuant to Section 3.4.4, shall be the substitute.]

7.3 Scope of [Interconnection System Impact] Cluster Study

    The [Interconnection System Impact]Cluster Study shall evaluate
the impact of the proposed interconnection on the reliability of the
Transmission System. The [Interconnection System Impact] Cluster
Study will consider the Base Case as well as all Generating
Facilities (and with respect to (iii) below, any identified Network
Upgrades associated with such higher queued interconnection) that,
on the date the [Interconnection System Impact] Cluster Study is
commenced: (i) are directly interconnected to the Transmission
System; (ii) are interconnected to Affected Systems and may have an
impact on the Interconnection Request; (iii) have a pending higher
queued Interconnection Request to interconnect to the Transmission
System; and (iv) have no Queue Position but have executed an LGIA or
requested that an unexecuted LGIA be filed with FERC.
    For purposes of determining necessary Interconnection Facilities
and Network Upgrades, the Cluster Study shall use the level of
Interconnection Service requested by Interconnection Customers in
the Cluster, except where the Transmission Provider otherwise
determines that it must study the full Generating Facility Capacity
due to safety or reliability concerns.
    The [Interconnection System Impact] Cluster Study will consist
of [a short circuit analysis, a] power flow, stability [analysis,
and a power flow analysis. The Interconnection System Impact Study],
and short circuit analyses, the results of which are documented in a
single Cluster Study Report, as applicable. At the conclusion of the
Cluster Study, Transmission Provider shall issue a Cluster Study
Report. The Cluster Study Report will state the assumptions upon
which it is based; state the results of the analyses; and provide
the requirements or potential impediments to providing the requested
interconnection service, including a preliminary indication of the
cost and length of time that would be necessary to correct any
problems identified in those analyses and implement the
interconnection. [For purposes of determining necessary] The Cluster
Study Report shall identify the Interconnection Facilities and
Network Upgrades [, the System Impact Study shall consider the level
of Interconnection Service requested by the Interconnection
Customer, unless otherwise required to study the full Generating
Facility Capacity due to safety or reliability concerns.] expected
to be required to reliably interconnect the Generating Facilities in
that Cluster Study at the requested Interconnection Service level
and shall provide non-binding cost estimates for required Network
Upgrades. The Cluster Study Report shall identify each
Interconnection Customer's estimated allocated costs for
Interconnection Facilities and Network Upgrades pursuant to the
method in Section 4.2.1 of this LGIP. Transmission Provider shall
hold an open stakeholder meeting pursuant to Section 7.4 of this
LGIP.
    For purposes of determining necessary Interconnection Facilities
and Network Upgrades, the Cluster Study shall use operating
assumptions (i.e., whether the interconnecting Generating Facility
will or will not charge at peak load) that reflect the proposed
charging behavior of a Generating Facility that includes at least
one electric storage resource as requested by Interconnection
Customer, unless Transmission Provider determines that Good Utility
Practice, including Applicable Reliability Standards, otherwise
requires the use of different operating assumptions. Transmission
Provider may require the inclusion of control technologies
sufficient to limit the operation of the Generating Facility per the
operating assumptions as set forth in the Interconnection Request
and to respond to dispatch instructions by Transmission Provider. As
determined by Transmission Provider, Interconnection Customer may be
subject to testing and validation of those control technologies
consistent with Article 6 of the LGIA.
    [The Interconnection System Impact Study] The Cluster Study
Report will provide a list of facilities that are required as a
result of the Interconnection [Request] Requests within the Cluster
and a non-binding good faith estimate of cost responsibility and a
non-binding good faith estimated time to construct.
    Upon issuance of a Cluster Study Report, or Cluster Restudy
Report, if any, Transmission Provider shall simultaneously tender a
draft Interconnection Facilities Study Agreement to each
Interconnection Customer within the Cluster, subject to the
conditions in Section 8.1 of this LGIP.
    The Cluster Study shall evaluate the use of static synchronous
compensators, static VAR compensators, advanced power flow control
devices, transmission switching, synchronous condensers, voltage
source converters, advanced conductors, and tower lifting.
Transmission Provider shall determine whether the above technologies
should be used, consistent with Good Utility Practice and other
applicable regulatory requirements. Transmission Provider shall
include an explanation of the results of the Transmission Provider's
evaluation for each technology in the Cluster Study Report.

7.4 [Interconnection System Impact] Cluster Study Procedures

    Transmission Provider shall coordinate the [Interconnection
System Impact] Cluster Study with any Affected System that is
affected by the Interconnection Request pursuant to Section 3.6
[above] of this LGIP. Transmission Provider shall utilize existing
studies to the extent practicable when it performs the [study]
Cluster Study. Interconnection Requests for a Cluster Study may be
submitted only within the Cluster Request Window and Transmission
Provider shall [use Reasonable Efforts to complete the
Interconnection System Impact Study within ninety (90) Calendar Days
after the receipt of the Interconnection System Impact Study
Agreement or notification to proceed, study payment, and technical
data. If Transmission Provider uses Clustering, Transmission
Provider shall use Reasonable Efforts to deliver a completed
Interconnection System Impact Study within ninety (90) Calendar Days
after the close of the Queue Cluster Window.] initiate the Cluster
Study process pursuant to Section 7 of this LGIP.
    Transmission Provider shall complete the Cluster Study within
one hundred fifty (150) Calendar Days of the close of the Customer
Engagement Window.
    Within ten (10) Business Days of simultaneously furnishing a
Cluster Study Report to each Interconnection Customer within the
Cluster and posting such report on OASIS, Transmission Provider
shall convene a Cluster Study Report Meeting.
    At the request of Interconnection Customer or at any time
Transmission Provider determines that it will not meet the required
time frame for completing the [Interconnection System Impact]
Cluster Study, Transmission Provider shall notify Interconnection
Customers as to the schedule status of the [Interconnection System
Impact] Cluster Study. If Transmission Provider is unable to
complete the [Interconnection System Impact] Cluster Study within
the time period, it shall notify Interconnection Customers and
provide an estimated completion date with an explanation of the
reasons why additional time is required. Upon request, Transmission
Provider shall provide to Interconnection Customers all supporting
documentation, workpapers and relevant pre-Interconnection Request
and post-Interconnection Request power flow, short circuit and
stability databases for the [Interconnection System Impact] Cluster
Study, subject to confidentiality arrangements consistent with
Section 13.1 of this LGIP.

7.5 Cluster Study Restudies

    (1) Within twenty (20) Calendar Days after the Cluster Study
Report Meeting, Interconnection Customer must provide the following:
    (a) Demonstration of continued Site Control pursuant to Section
3.4.2(iii) of this LGIP; and
    (b) An additional deposit that brings the total Commercial
Readiness Deposit submitted to Transmission Provider to five percent
(5%) of the Interconnection Customer's Network Upgrade cost
assignment identified in the Cluster Study in the form of an
irrevocable letter of credit or cash. Transmission Provider shall
refund the deposit to Interconnection Customer upon withdrawal in
accordance with Section 3.7 of this LGIP.
    Interconnection Customer shall promptly inform Transmission
Provider of any material change to Interconnection Customer's
demonstration of Site Control under Section 3.4.2(iii) of this LGIP.
Upon Transmission Provider determining that Interconnection Customer
no longer satisfies the Site Control requirement, Transmission
Provider shall notify Interconnection Customer. Within ten (10)
Business Days of such notification, Interconnection Customer must
demonstrate compliance with the applicable requirement subject to
Transmission Provider's approval, not to be unreasonably withheld.
Absent such demonstration, Transmission Provider shall deem the
subject Interconnection Request

withdrawn pursuant to Section 3.7 of this LGIP.
    (2) If no Interconnection Customer withdraws from the Cluster
after completion of the Cluster Study or Cluster Restudy or is
deemed withdrawn pursuant to Section 3.7 of this LGIP after
completion of the Cluster Study or Cluster Restudy, Transmission
Provider shall notify Interconnection Customers in the Cluster that
a Cluster Restudy is not required.
    (3) If one or more Interconnection Customers withdraw from the
Cluster or are deemed withdrawn pursuant to Section 3.7 of this
LGIP, Transmission Provider shall determine if a Cluster Restudy is
necessary within thirty (30) Calendar Days after the Cluster Study
Report Meeting. If Transmission Provider determines a Cluster
Restudy is not necessary, Transmission Provider shall notify
Interconnection Customers in the Cluster that a Cluster Restudy is
not required and Transmission Provider shall provide an updated
Cluster Study Report within thirty (30) Calendar Days of such
determination.
    (4) If one or more Interconnection Customers withdraws from the
Cluster or is deemed withdrawn pursuant to Section 3.7 of this LGIP,
and Transmission Provider determines a Cluster Restudy is necessary
as a result, Transmission Provider shall notify Interconnection
Customers in the Cluster and post on OASIS that a Cluster Restudy is
required within thirty (30) Calendar Days after the Cluster Study
Report Meeting. Transmission Provider shall continue with such
restudies until Transmission Provider determines that no further
restudies are required. If an Interconnection Customer withdraws or
is deemed withdrawn pursuant to Section 3.7 of this LGIP during the
Interconnection Facilities Study, or after other Interconnection
Customers in the same Cluster have executed LGIAs, or requested that
unexecuted LGIAs be filed, and Transmission Provider determines a
Cluster Restudy is necessary, the Cluster shall be restudied.
    (5) The scope of any Cluster Restudy shall be consistent with
the scope of an initial Cluster Study pursuant to Section 7.3 of
this LGIP. Transmission Provider shall complete the Cluster Restudy
within one hundred fifty (150) Calendar Days of the Transmission
Provider informing the Interconnection Customers in the cluster that
restudy is needed. The results of the Cluster Restudy shall be
combined into a single report (Cluster Restudy Report). Transmission
Provider shall hold a meeting with the Interconnection Customers in
the cluster (Cluster Restudy Report Meeting) within ten (10)
Business Days of simultaneously furnishing the Cluster Restudy
Report to each Interconnection Customer in the Cluster Restudy and
publishing the Cluster Restudy Report on OASIS.
    If additional restudies are required, Interconnection Customer
and Transmission Provider shall follow the procedures of this
Section 7.5 of this LGIP until such time that Transmission Provider
determines that no further restudies are required. Transmission
Provider shall notify each Interconnection Customer within the
Cluster when no further restudies are required.

[Meeting With Transmission Provider

    Within ten (10) Business Days of providing an Interconnection
System Impact Study report to Interconnection Customer, Transmission
Provider and Interconnection Customer shall meet to discuss the
results of the Interconnection System Impact Study.

7.6 Re-Study

    If Re-Study of the Interconnection System Impact Study is
required due to a higher queued project dropping out of the queue,
or a modification of a higher queued project subject to 4.4, or re-
designation of the Point of Interconnection pursuant to Section 7.2
Transmission Provider shall notify Interconnection Customer in
writing. Such Re-Study shall take no longer than sixty (60) Calendar
Days from the date of notice. Any cost of Re-Study shall be borne by
the Interconnection Customer being re-studied.]

Section 8. Interconnection Facilities Study

8.1 Interconnection Facilities Study Agreement

    Simultaneously with the delivery of the [Interconnection System
Impact Study to Interconnection Customer] Cluster Study Report, or
Cluster Restudy Report if applicable, Transmission Provider shall
provide to Interconnection Customer an Interconnection Facilities
Study Agreement in the form of Appendix 3[4] to this LGIP. [The
Interconnection Facilities Study Agreement shall provide that]
Interconnection Customer shall compensate Transmission Provider for
the actual cost of the Interconnection Facilities Study. Within five
(5) Business Days following the Cluster Report Meeting or Cluster
Restudy Report Meeting if applicable, [Interconnection System Impact
Study results meeting], Transmission Provider shall provide to
Interconnection Customer a non-binding good faith estimate of the
cost and timeframe for completing the Interconnection Facilities
Study.
    Interconnection Customer shall execute the Interconnection
Facilities Study Agreement and deliver the executed Interconnection
Facilities Study Agreement to Transmission Provider within thirty
(30) Calendar Days after its receipt, together with [the]:
    (1) any required technical data[and the greater of $100,000 or
Interconnection Customer's portion of the estimated monthly cost of
conducting the Interconnection Facilities Study.];
    (2) Demonstration of one-hundred percent (100%) Site Control or
demonstration of a regulatory limitation and applicable deposit in
lieu of Site Control provided to the Transmission Provider in
accordance with section 3.4.2 of this LGIP; and
    (3) An additional deposit that brings the total Commercial
Readiness Deposit submitted to the Transmission Provider to ten
percent (10%) of the Interconnection Customer's Network Upgrade cost
assignment identified in the Cluster Study or Cluster Restudy, if
applicable, in the form of an irrevocable letter of credit or cash.
Transmission Provider shall refund the deposit to Interconnection
Customer upon withdrawal in accordance with Section 3.7 of this
LGIP.
    Interconnection Customer shall promptly inform Transmission
Provider of any material change to Interconnection Customer's
demonstration of Site Control under Section 3.4.2(iii) of this LGIP.
Upon Transmission Provider determining separately that
Interconnection Customer no longer satisfies the Site Control
requirement, Transmission Provider shall notify Interconnection
Customer. Within ten (10) Business Days of such notification,
Interconnection Customer must demonstrate compliance with the
applicable requirement subject to Transmission Provider's approval,
not to be unreasonably withheld. Absent such demonstration,
Transmission Provider shall deem the subject Interconnection Request
withdrawn pursuant to Section 3.7 of this LGIP.
    [8.1.1 Transmission Provider shall invoice Interconnection
Customer on a monthly basis for the work to be conducted on the
Interconnection Facilities Study each month. Interconnection
Customer shall pay invoiced amounts within thirty (30) Calendar Days
of receipt of invoice. Transmission Provider shall continue to hold
the amounts on deposit until settlement of the final invoice.]

8.2 Scope of Interconnection Facilities Study

    The Interconnection Facilities Study shall be specific to each
Interconnection Request and performed on an individual, i.e., non-
clustered, basis. The Interconnection Facilities Study shall specify
and provide a non-binding estimate of the cost of the equipment,
engineering, procurement and construction work needed to implement
the conclusions of the [Interconnection System Impact Study]Cluster
Study Report (and any associated restudies) in accordance with Good
Utility Practice to physically and electrically connect the
Interconnection [Facility ] Facilities to the Transmission System.
The Interconnection Facilities Study shall also identify the
electrical switching configuration of the connection equipment,
including, without limitation: the transformer, switchgear, meters,
and other station equipment; the nature and estimated cost of any
Transmission Provider's Interconnection Facilities and Network
Upgrades necessary to accomplish the interconnection; and an
estimate of the time required to complete the construction and
installation of such facilities. The Interconnection Facilities
Study will also identify any potential control equipment for
[requests for](1) requests for Interconnection Service that are
lower than the Generating Facility Capacity[.], and/or (2) requests
to study a Generating Facility that includes at least one electric
storage resource using operating assumptions (i.e., whether the
interconnecting Generating Facility will or will not charge at peak
load) that reflect its proposed charging behavior, as requested by
Interconnection Customer, unless Transmission Provider determines
that Good Utility Practice, including Applicable Reliability
Standards, otherwise require the use of different operating
assumptions.

8.3 Interconnection Facilities Study Procedures

    Transmission Provider shall coordinate the Interconnection
Facilities Study with any Affected System pursuant to Section 3.6 of
this LGIP. Transmission Provider shall utilize existing studies to
the extent practicable in performing the Interconnection Facilities
Study. Transmission Provider shall [use Reasonable Efforts to]
complete the study and issue a draft Interconnection Facilities
Study [r]Report to Interconnection Customer within the following
number of days after receipt of an executed Interconnection
Facilities Study Agreement: ninety (90) Calendar Days after receipt
of an executed Interconnection Facilities Study Agreement, with no
more than a +/-20 percent cost estimate contained in the report; or
one hundred eighty (180) Calendar Days, if Interconnection Customer
requests a +/-10 percent cost estimate.
    At the request of Interconnection Customer or at any time
Transmission Provider determines that it will not meet the required
time frame for completing the Interconnection Facilities Study,
Transmission Provider shall notify Interconnection Customer as to
the schedule status of the Interconnection Facilities Study. If
Transmission Provider is unable to complete the Interconnection
Facilities Study and issue a draft Interconnection Facilities Study
[r]Report within the time required, it shall notify Interconnection
Customer and provide an estimated completion date and an explanation
of the reasons why additional time is required.
    Interconnection Customer may, within thirty (30) Calendar Days
after receipt of the draft Interconnection Facilities Study
[r]Report, provide written comments to Transmission Provider, which
Transmission Provider shall include in completing the final
Interconnection Facilities Study [r]Report. Transmission Provider
shall issue the final Interconnection Facilities Study [r]Report
within fifteen (15) Business Days of receiving Interconnection
Customer's comments or promptly upon receiving Interconnection
Customer's statement that it will not provide comments. Transmission
Provider may reasonably extend such fifteen[-day] (15) Business Day
period upon notice to Interconnection Customer if Interconnection
Customer's comments require Transmission Provider to perform
additional analyses or make other significant modifications prior to
the issuance of the final Interconnection Facilities Study Report.
Upon request, Transmission Provider shall provide Interconnection
Customer supporting documentation, workpapers, and databases or data
developed in the preparation of the Interconnection Facilities
Study, subject to confidentiality arrangements consistent with
Section 13.1 of this LGIP.

8.4 Meeting With Transmission Provider

    Within ten (10) Business Days of providing a draft
Interconnection Facilities Study [r]Report to Interconnection
Customer, Transmission Provider and Interconnection Customer shall
meet to discuss the results of the Interconnection Facilities Study.

8.5 [Re-Study]Restudy

    If [Re-Study]Restudy of the Interconnection Facilities Study is
required due to a higher or equally queued project [dropping out of]
withdrawing from the queue or a modification of a higher or equally
queued project pursuant to Section 4.4 of this LGIP, Transmission
Provider shall so notify Interconnection Customer in writing.
[Such]Transmission Provider shall ensure that such [Re-Study]Restudy
[shall] takes no longer than sixty (60) Calendar Days from the date
of notice. Except as provided in Section 3.7 of this LGIP in the
case of withdrawing Interconnection Customers, any cost of [Re-
Study]Restudy shall be borne by [the]Interconnection Customer being
[re-studied]restudied.

Section 9 [Engineering & Procurement (`E&P') Agreement] Affected System
Study

9.1 Applicability

    This Section 9 outlines the duties of Transmission Provider when
it receives notification that an Affected System Interconnection
Customer's proposed interconnection to its host transmission
provider may impact Transmission Provider's Transmission System.

9.2 Response to Initial Notification

    When Transmission Provider receives notification that an
Affected System Interconnection Customer's proposed interconnection
to its host transmission provider may impact Transmission Provider's
Transmission System, Transmission Provider must respond in writing
within twenty (20) Business Days whether it intends to conduct an
Affected System Study.
    By fifteen (15) Business Days after the Transmission Provider
responds with its affirmative intent to conduct an Affected System
Study, Transmission Provider shall share with Affected System
Interconnection Customer(s) and the Affected System Interconnection
Customer's host transmission provider a non-binding good faith
estimate of the cost and the schedule to complete the Affected
System Study.

9.3 Affected System Queue Position

    Transmission Provider must assign an Affected System Queue
Position to Affected System Interconnection Customer(s) that
require(s) an Affected System Study. Such Affected System Queue
Position shall be assigned based upon the date of execution of the
Affected System Study Agreement. Relative to the Transmission
Provider's Interconnection Customers, this Affected System Queue
Position shall be higher-queued than any Cluster that has not yet
received its Cluster Study Report and shall be lower-queued than any
Cluster that has already received its Cluster Study Report.
Consistent with Section 9.7 of this LGIP, Transmission Provider
shall study the Affected System Interconnection Customer(s) via
Clustering, and all Affected System Interconnection Customers
studied in the same Cluster under Section 9.7 shall be equally
queued. For Affected System Interconnection Customers that are
equally queued, the Affected System Queue Position shall have no
bearing on the assignment of Affected System Network Upgrades
identified in the applicable Affected System Study. The costs of the
Affected System Network Upgrades shall be allocated among the
Affected System Interconnection Customers in accordance with Section
9.9 of this LGIP.

9.4 Affected System Study Agreement/Multiparty Affected System
Study Agreement

    Unless otherwise agreed, Transmission Provider shall provide to
Affected System Interconnection Customer(s) an Affected System Study
Agreement/Multiparty Affected System Study Agreement, in the form of
Appendix 9 or Appendix 10 to this LGIP, as applicable, within ten
(10) Business Days of Transmission Provider sharing the schedule for
the Affected System Study per Section 9.2 of this LGIP.
    Upon Affected System Interconnection Customer(s)' receipt of the
Affected System Study Report, Affected System Interconnection
Customer(s) shall compensate Transmission Provider for the actual
cost of the Affected System Study. Any difference between the study
deposit and the actual cost of the Affected System Study shall be
paid by or refunded to the Affected System Interconnection
Customer(s). Any invoices for the Affected System Study shall
include a detailed and itemized accounting of the cost of the study.
Affected System Interconnection Customer(s) shall pay any excess
costs beyond the already-paid Affected System Study deposit or be
reimbursed for any costs collected over the actual cost of the
Affected System Study within thirty (30) Calendar Days of receipt of
an invoice thereof. If Affected System Interconnection Customer(s)
fail to pay such undisputed costs within the time allotted, it shall
lose its Affected System Queue Position. Transmission Provider shall
notify Affected System Interconnection Customer's host transmission
provider of such failure to pay.

9.5 Execution of Affected System Study Agreement/Multiparty
Affected System Study Agreement

    Affected System Interconnection Customer(s) shall execute the
Affected System Study Agreement/Multiparty Affected System Study
Agreement, deliver the executed Affected System Study Agreement/
Multiparty Affected System Study Agreement to Transmission Provider,
and provide the Affected System Study deposit within ten (10)
Business Days of receipt.
    If Affected System Interconnection Customer does not provide all
required technical data when it delivers the Affected System Study
Agreement/Multiparty Affected System Study Agreement, Transmission
Provider shall notify the deficient Affected System Interconnection
Customer, as well as the host transmission provider with which
Affected System Interconnection Customer seeks to interconnect, of
the deficiency within five (5) Business Days of the receipt of the
executed Affected System Study Agreement/Multiparty Affected System
Study Agreement and the deficient Affected System Interconnection
Customer shall cure the deficiency within ten (10) Business Days of
receipt of the notice: provided, however, that

such deficiency does not include failure to deliver the executed
Affected System Study Agreement/Multiparty Affected System Study
Agreement or deposit for the Affected System Study Agreement/
Multiparty Affected System Study Agreement. If Affected System
Interconnection Customer does not cure the deficiency or fails to
execute the Affected System Study Agreement/Multiparty Affected
System Study Agreement or provide the deposit, the Affected System
Interconnection Customer shall lose its Affected System Queue
Position.

9.6 Scope of Affected System Study

    The Affected System Study shall evaluate the impact that any
Affected System Interconnection Customer's proposed interconnection
to another transmission provider's transmission system will have on
the reliability of Transmission Provider's Transmission System. The
Affected System Study shall consider the Base Case as well as all
Generating Facilities (and with respect to (iii) below, any
identified Affected System Network Upgrades associated with such
higher-queued Interconnection Request) that, on the date the
Affected System Study is commenced: (i) are directly interconnected
to Transmission Provider's Transmission System; (ii) are directly
interconnected to another transmission provider's transmission
system and may have an impact on Affected System Interconnection
Customer's interconnection request; (iii) have a pending higher-
queued Interconnection Request to interconnect to Transmission
Provider's Transmission System; and (iv) have no queue position but
have executed an LGIA or requested that an unexecuted LGIA be filed
with FERC. Transmission Provider has no obligation to study impacts
of Affected System Interconnection Customers of which it is not
notified.
    The Affected System Study shall consist of a power flow,
stability, and short circuit analysis. The Affected System Study
will: state the assumptions upon which it is based; state the
results of the analyses; and provide the potential impediments to
Affected System Interconnection Customer's receipt if
interconnection service on its host transmission provider's
transmission system, including a preliminary indication of the cost
and length of time that would be necessary to correct any problems
identified in those analyses and implement the interconnection. For
purposes of determining necessary Affected System Network Upgrades,
the Affected System Study shall consider the level of
interconnection service requested in megawatts by Affected System
Interconnection Customer, unless otherwise required to study the
full generating facility capacity due to safety or reliability
concerns. The Affected System Study shall provide a list of
facilities that are required as a result of Affected System
Interconnection Customer's proposed interconnection to another
transmission provider's system, a non-binding good faith estimate of
cost responsibility, and a non-binding good faith estimated time to
construct. The Affected System Study may consist of a system impact
study, a facilities study, or some combination thereof.

9.7 Affected System Study Procedures

    Transmission Provider shall use Clustering in conducting the
Affected System Study and shall use existing studies to the extent
practicable, when multiple Affected System Interconnection Customers
that are part of a single Cluster may cause the need for Affected
System Network Upgrades. Transmission Provider shall complete the
Affected System Study and provide the Affected System Study Report
to Affected System Interconnection Customer(s) and the host
transmission provider with whom interconnection has been requested
within one hundred fifty (150) Calendar Days after the receipt of
the Affected System Study Agreement and deposit.
    At the request of Affected System Interconnection Customer,
Transmission Provider shall notify Affected System Interconnection
Customer as to the status of the Affected System Study. If
Transmission Provider is unable to complete the Affected System
Study within the requisite time period, it shall notify Affected
System Interconnection Customer(s), as well as the transmission
provider with which Affected System Interconnection Customer seeks
to interconnect, and shall provide an estimated completion date with
an explanation of the reasons why additional time is required. If
Transmission Provider does not meet the deadlines in this section,
Transmission Provider shall be subject to the financial penalties as
described in Section 3.9 of this LGIP. Upon request, Transmission
Provider shall provide Affected System Interconnection Customer(s)
with all supporting documentation, workpapers and relevant power
flow, short circuit and stability databases for the Affected System
Study, subject to confidentiality arrangements consistent with
Section 13.1 of this LGIP.
    Transmission Provider must study an Affected System
Interconnection Customer using the Energy Resource Interconnection
Service modeling standard used for Interconnection Requests on its
own Transmission System, regardless of the level of interconnection
service that Affected System Interconnection Customer is seeking
from the host transmission provider with whom it seeks to
interconnect.

9.8 Meeting With Transmission Provider

    Within ten (10) Business Days of providing the Affected System
Study Report to Affected System Interconnection Customer(s),
Transmission Provider and Affected System Interconnection
Customer(s) shall meet to discuss the results of the Affected System
Study.

9.9 Affected System Cost Allocation

    Transmission Provider shall allocate Affected System Network
Upgrade costs identified during the Affected System Study to
Affected System Interconnection Customer(s) using a proportional
impact method, consistent with Section 4.2.1(1)(b) of this LGIP.

9.10 Tender of Affected Systems Facilities Construction Agreement/
Multiparty Affected System Facilities Construction Agreement

    Transmission Provider shall tender to Affected System
Interconnection Customer(s) an Affected System Facilities
Construction Agreement/Multiparty Affected System Facilities
Construction Agreement, as applicable, in the form of Appendix 11 or
12 to this LGIP, within thirty (30) Calendar Days of providing the
Affected System Study Report. Within ten (10) Business Days of the
receipt of the Affected System Facilities Construction Agreement/
Multiparty Affected System Facilities Construction Agreement, the
Affected System Interconnection Customer(s) must execute the
agreement or request the agreement to be filed unexecuted with FERC.
Transmission Provider shall execute the agreement or file the
agreement unexecuted within five (5) Business Days after receiving
direction from Affected System Interconnection Customer(s). Affected
System Interconnection Customer's failure to execute the Affected
System Facilities Construction Agreement/Multiparty Affected System
Facilities Construction Agreement, or failure to request the
agreement to be filed unexecuted with FERC, shall result in the loss
of its Affected System Queue Position.

9.11 Restudy

    If restudy of the Affected System Study is required,
Transmission Provider shall notify Affected System Interconnection
Customer(s) in writing within thirty (30) Calendar Days of discovery
of the need for restudy. Such restudy shall take no longer than
sixty (60) Calendar Days from the date of notice. Any cost of
restudy shall be borne by the Affected System Interconnection
Customer(s) being restudied.
    [Prior to executing an LGIA, an Interconnection Customer may, in
order to advance the implementation of its interconnection, request
and Transmission Provider shall offer the Interconnection Customer,
an E&P Agreement that authorizes Transmission Provider to begin
engineering and procurement of long lead-time items necessary for
the establishment of the interconnection. However, Transmission
Provider shall not be obligated to offer an E&P Agreement if
Interconnection Customer is in Dispute Resolution as a result of an
allegation that Interconnection Customer has failed to meet any
milestones or comply with any prerequisites specified in other parts
of the LGIP. The E&P Agreement is an optional procedure and it will
not alter the Interconnection Customer's Queue Position or In-
Service Date. The E&P Agreement shall provide for Interconnection
Customer to pay the cost of all activities authorized by
Interconnection Customer and to make advance payments or provide
other satisfactory security for such costs.
    Interconnection Customer shall pay the cost of such authorized
activities and any cancellation costs for equipment that is already
ordered for its interconnection, which cannot be mitigated as
hereafter described, whether or not such items or equipment later
become unnecessary. If Interconnection Customer withdraws its

application for interconnection or either Party terminates the E&P
Agreement, to the extent the equipment ordered can be canceled under
reasonable terms, Interconnection Customer shall be obligated to pay
the associated cancellation costs. To the extent that the equipment
cannot be reasonably canceled, Transmission Provider may elect: (i)
to take title to the equipment, in which event Transmission Provider
shall refund Interconnection Customer any amounts paid by
Interconnection Customer for such equipment and shall pay the cost
of delivery of such equipment, or (ii) to transfer title to and
deliver such equipment to Interconnection Customer, in which event
Interconnection Customer shall pay any unpaid balance and cost of
delivery of such equipment.]

Section 10. Optional Interconnection Study

10.1 Optional Interconnection Study Agreement

    On or after the date when Interconnection Customer receives
[Interconnection System Impact Study] Cluster Study results,
Interconnection Customer may request, and Transmission Provider
shall perform a reasonable number of Optional Studies. The request
shall describe the assumptions that Interconnection Customer wishes
Transmission Provider to study within the scope described in Section
10.2. Within five (5) Business Days after receipt of a request for
an Optional Interconnection Study, Transmission Provider shall
provide to Interconnection Customer an Optional Interconnection
Study Agreement in the form of Appendix 4[5].
    The Optional Interconnection Study Agreement shall: (i) specify
the technical data that Interconnection Customer must provide for
each phase of the Optional Interconnection Study, (ii) specify
Interconnection Customer's assumptions as to which Interconnection
Requests with earlier queue priority dates will be excluded from the
Optional Interconnection Study case and assumptions as to the type
of interconnection service for Interconnection Requests remaining in
the Optional Interconnection Study case, and (iii) Transmission
Provider's estimate of the cost of the Optional Interconnection
Study. To the extent known by Transmission Provider, such estimate
shall include any costs expected to be incurred by any Affected
System whose participation is necessary to complete the Optional
Interconnection Study. Notwithstanding the above, Transmission
Provider shall not be required as a result of an Optional
Interconnection Study request to conduct any additional
Interconnection Studies with respect to any other Interconnection
Request.
    Interconnection Customer shall execute the Optional
Interconnection Study Agreement within ten (10) Business Days of
receipt and deliver the Optional Interconnection Study Agreement,
the technical data and a $10,000 deposit to Transmission Provider.

10.2 Scope of Optional Interconnection Study

    The Optional Interconnection Study will consist of a sensitivity
analysis based on the assumptions specified by Interconnection
Customer in the Optional Interconnection Study Agreement. The
Optional Interconnection Study will also identify Transmission
Provider's Interconnection Facilities and the Network Upgrades, and
the estimated cost thereof, that may be required to provide
transmission service or Interconnection Service based upon the
results of the Optional Interconnection Study. The Optional
Interconnection Study shall be performed solely for informational
purposes. Transmission Provider shall use Reasonable Efforts to
coordinate the study with any Affected Systems that may be affected
by the types of Interconnection Services that are being studied.
Transmission Provider shall utilize existing studies to the extent
practicable in conducting the Optional Interconnection Study.

10.3 Optional Interconnection Study Procedures

    The executed Optional Interconnection Study Agreement, the
prepayment, and technical and other data called for therein must be
provided to Transmission Provider within ten (10) Business Days of
Interconnection Customer receipt of the Optional Interconnection
Study Agreement. Transmission Provider shall use Reasonable Efforts
to complete the Optional Interconnection Study within a mutually
agreed upon time period specified within the Optional
Interconnection Study Agreement. If Transmission Provider is unable
to complete the Optional Interconnection Study within such time
period, it shall notify Interconnection Customer and provide an
estimated completion date and an explanation of the reasons why
additional time is required. Any difference between the study
payment and the actual cost of the study shall be paid to
Transmission Provider or refunded to Interconnection Customer, as
appropriate. Upon request, Transmission Provider shall provide
Interconnection Customer supporting documentation and workpapers and
databases or data developed in the preparation of the Optional
Interconnection Study, subject to confidentiality arrangements
consistent with Section 13.1.

Section 11. Standard Large Generator Interconnection Agreement (LGIA)

11.1 Tender

    Interconnection Customer shall tender comments on the draft
Interconnection Facilities Study Report within thirty (30) Calendar
Days of receipt of the report. Within thirty (30) Calendar Days
after the comments are submitted or after Interconnection Customer
notifies Transmission Provider that it will not provide comments,
Transmission Provider shall tender a draft LGIA, together with draft
appendices. The draft LGIA shall be in the form of Transmission
Provider's FERC-approved standard form LGIA, which is in Appendix
5[6]. Interconnection Customer shall execute and return the LGIA and
completed draft appendices within thirty (30) Calendar Days, unless
(1) the sixty (60) Calendar Day negotiation period under Section
11.2 of this LGIP has commenced, or (2) LGIA execution, or filing
unexecuted, has been delayed to await the Affected System Study
Report pursuant to Section 11.2.1 of this LGIP.

11.2 Negotiation

    Notwithstanding Section 11.1, at the request of Interconnection
Customer Transmission Provider shall begin negotiations with
Interconnection Customer concerning the appendices to the LGIA at
any time after Interconnection Customer executes the Interconnection
Facilities Study Agreement. Transmission Provider and
Interconnection Customer shall negotiate concerning any disputed
provisions of the appendices to the draft LGIA for not more than
sixty (60) Calendar Days after tender of the final Interconnection
Facilities Study Report. If Interconnection Customer determines that
negotiations are at an impasse, it may request termination of the
negotiations at any time after tender of the draft LGIA pursuant to
Section 11.1 and request submission of the unexecuted LGIA with FERC
or initiate Dispute Resolution procedures pursuant to Section 13.5.
If Interconnection Customer requests termination of the
negotiations, but within sixty (60) Calendar Days thereafter fails
to request either the filing of the unexecuted LGIA or initiate
Dispute Resolution, it shall be deemed to have withdrawn its
Interconnection Request. Unless otherwise agreed by the Parties, if
Interconnection Customer has not executed the LGIA, requested filing
of an unexecuted LGIA, or initiated Dispute Resolution procedures
pursuant to Section 13.5 within sixty (60) Calendar Days of tender
of draft LGIA, it shall be deemed to have withdrawn its
Interconnection Request. Transmission Provider shall provide to
Interconnection Customer a final LGIA within fifteen (15) Business
Days after the completion of the negotiation process.

11.2.1 Delay in LGIA Execution, or Filing Unexecuted, To Await
Affected System Study Report

    If Interconnection Customer has not received its Affected System
Study Report from the Affected System Operator prior to the date
that it would be required to execute its LGIA (or request that its
LGIA be filed unexecuted) pursuant to Section 11.1 of this LGIP,
Transmission Provider shall, upon request of Interconnection
Customer, extend this deadline to thirty (30) Calendar Days after
Interconnection Customer's receipt of the Affected System Study
Report. If Interconnection Customer, after delaying LGIA execution,
or requesting unexecuted filing, to await Affected System Study
Results, decides to proceed to LGIA execution, or request unexecuted
filing, without those results, it may notify Transmission Provider
of its intent to proceed with LGIA execution (or request that its
LGIA be filed unexecuted) pursuant to Section 11.1 of this LGIP. If
Transmission Provider determines that further delay to the LGIA
execution date would cause a material impact on the cost or timing
of an equal- or lower-queued interconnection customer, Transmission
Provider must notify Interconnection Customer of such impacts and
set the deadline to execute the LGIA (or

request that the LGIA be filed unexecuted) to thirty (30) Calendar
Days after such notice is provided.

11.3 Execution and Filing

    Simultaneously with submitting the executed LGIA to Transmission
Provider, or within ten (10) Business Days after the Interconnection
Customer requests that the Transmission Provider file the LGIA
unexecuted at the Commission, [Within fifteen (15) Business Days
after receipt of the final executed LGIA,]Interconnection Customer
shall provide Transmission Provider with [(A) reasonable evidence
that continued Site Control or (B) posting of $250,000, non-
refundable additional security, which shall be applied toward future
construction costs](1) demonstration of continued Site Control
pursuant to Section 8.1(2) of this LGIP; and (2) the LGIA Deposit
equal to twenty percent (20%) of Interconnection Customer's
estimated Network Upgrade costs identified in the draft LGIA minus
the total amount of Commercial Readiness Deposits that
Interconnection Customer has provided to Transmission Provider for
its Interconnection Request. Transmission Provider shall use LGIA
Deposit as (or as a portion of) the Interconnection Customer's
security required under LGIA Article 11.5. Interconnection Customer
may not request to suspend its LGIA under LGIA Article 5.16 until
Interconnection Customer has provided (1) and (2) to Transmission
Provider. If Interconnection Customer fails to provide (1) and (2)
to Transmission Provider within the thirty (30) Calendar Days
allowed for returning the executed LGIA and appendices under LGIP
Section 11.1, or within ten (10) Business Days after Interconnection
Customer requests that Transmission Provider file the LGIA
unexecuted at the Commission as allowed in this Section 11.3 of this
LGIP, the Interconnection Request will be deemed withdrawn pursuant
to Section 3.7 of this LGIP.
    At the same time, Interconnection Customer also shall provide
reasonable evidence that one or more of the following milestones in
the development of the Large Generating Facility, at Interconnection
Customer election, has been achieved (unless such milestone is
inapplicable due to the characteristics of the Generating Facility):
(i) the execution of a contract for the supply or transportation of
fuel to the Large Generating Facility; (ii) the execution of a
contract for the supply of cooling water to the Large Generating
Facility; (iii) execution of a contract for the engineering for,
procurement of major equipment for, or construction of, the Large
Generating Facility; (iv) execution of a contract (or comparable
evidence) for the sale of electric energy or capacity from the Large
Generating Facility; or (v) application for an air, water, or land
use permit.
    Interconnection Customer shall either: (i) execute two originals
of the tendered LGIA and return them to Transmission Provider; or
(ii) request in writing that Transmission Provider file with FERC an
LGIA in unexecuted form. As soon as practicable, but not later than
ten (10) Business Days after receiving either the two executed
originals of the tendered LGIA (if it does not conform with a FERC-
approved standard form of interconnection agreement) or the request
to file an unexecuted LGIA, Transmission Provider shall file the
LGIA with FERC, together with its explanation of any matters as to
which Interconnection Customer and Transmission Provider disagree
and support for the costs that Transmission Provider proposes to
charge to Interconnection Customer under the LGIA. An unexecuted
LGIA should contain terms and conditions deemed appropriate by
Transmission Provider for the Interconnection Request. If the
Parties agree to proceed with design, procurement, and construction
of facilities and upgrades under the agreed-upon terms of the
unexecuted LGIA, they may proceed pending FERC action.

11.4 Commencement of Interconnection Activities

    If Interconnection Customer executes the final LGIA,
Transmission Provider and Interconnection Customer shall perform
their respective obligations in accordance with the terms of the
LGIA, subject to modification by FERC. Upon submission of an
unexecuted LGIA, Interconnection Customer and Transmission Provider
shall promptly comply with the unexecuted LGIA, subject to
modification by FERC.

Section 12. Construction of Transmission Provider's Interconnection
Facilities and Network Upgrades

12.1 Schedule

    Transmission Provider and Interconnection Customer shall
negotiate in good faith concerning a schedule for the construction
of Transmission Provider's Interconnection Facilities and the
Network Upgrades.

12.2 Construction Sequencing

12.2.1 General

    In general, the In-Service Date of an Interconnection Customers
seeking interconnection to the Transmission System will determine
the sequence of construction of Network Upgrades.

12.2.2 Advance Construction of Network Upgrades That Are an Obligation
of an Entity Other Than Interconnection Customer

    An Interconnection Customer with an LGIA, in order to maintain
its In-Service Date, may request that Transmission Provider advance
to the extent necessary the completion of Network Upgrades that: (i)
were assumed in the Interconnection Studies for such Interconnection
Customer, (ii) are necessary to support such In-Service Date, and
(iii) would otherwise not be completed, pursuant to a contractual
obligation of an entity other than Interconnection Customer that is
seeking interconnection to the Transmission System, in time to
support such In-Service Date. Upon such request, Transmission
Provider will use Reasonable Efforts to advance the construction of
such Network Upgrades to accommodate such request; provided that
Interconnection Customer commits to pay Transmission Provider: (i)
any associated expediting costs and (ii) the cost of such Network
Upgrades. Transmission Provider will refund to Interconnection
Customer both the expediting costs and the cost of Network Upgrades,
in accordance with Article 11.4 of the LGIA. Consequently, the
entity with a contractual obligation to construct such Network
Upgrades shall be obligated to pay only that portion of the costs of
the Network Upgrades that Transmission Provider has not refunded to
Interconnection Customer. Payment by that entity shall be due on the
date that it would have been due had there been no request for
advance construction. Transmission Provider shall forward to
Interconnection Customer the amount paid by the entity with a
contractual obligation to construct the Network Upgrades as payment
in full for the outstanding balance owed to Interconnection
Customer. Transmission Provider then shall refund to that entity the
amount that it paid for the Network Upgrades, in accordance with
Article 11.4 of the LGIA.

12.2.3 Advancing Construction of Network Upgrades That Are Part of an
Expansion Plan of the Transmission Provider

    An Interconnection Customer with an LGIA, in order to maintain
its In-Service Date, may request that Transmission Provider advance
to the extent necessary the completion of Network Upgrades that: (i)
are necessary to support such In-Service Date and (ii) would
otherwise not be completed, pursuant to an expansion plan of
Transmission Provider, in time to support such In-Service Date. Upon
such request, Transmission Provider will use Reasonable Efforts to
advance the construction of such Network Upgrades to accommodate
such request; provided that Interconnection Customer commits to pay
Transmission Provider any associated expediting costs.
Interconnection Customer shall be entitled to transmission credits,
if any, for any expediting costs paid.

12.2.4 Amended Interconnection [System Impact]Cluster Study Report

    An Interconnection [System Impact]Cluster Study Report will be
amended to determine the facilities necessary to support the
requested In-Service Date. This amended study report will include
those transmission and Large Generating Facilities that are expected
to be on or before the requested In-Service Date.

Section 13. Miscellaneous

13.1 Confidentiality

    Confidential Information shall include, without limitation, all
information relating to a Party's technology, research and
development, business affairs, and pricing, and any information
supplied by either of the Parties to the other prior to the
execution of an LGIA.
    Information is Confidential Information only if it is clearly
designated or marked in writing as confidential on the face of the
document, or, if the information is conveyed orally or by
inspection, if the Party providing the information orally informs
the Party receiving the information that the information is
confidential.
    If requested by either Party, the other Party shall provide in
writing, the basis for asserting that the information referred to in

this Article warrants confidential treatment, and the requesting
Party may disclose such writing to the appropriate Governmental
Authority. Each Party shall be responsible for the costs associated
with affording confidential treatment to its information.

13.1.1 Scope

    Confidential Information shall not include information that the
receiving Party can demonstrate: (1) is generally available to the
public other than as a result of a disclosure by the receiving
Party; (2) was in the lawful possession of the receiving Party on a
non-confidential basis before receiving it from the disclosing
Party; (3) was supplied to the receiving Party without restriction
by a third party, who, to the knowledge of the receiving Party after
due inquiry, was under no obligation to the disclosing Party to keep
such information confidential; (4) was independently developed by
the receiving Party without reference to Confidential Information of
the disclosing Party; (5) is, or becomes, publicly known, through no
wrongful act or omission of the receiving Party or Breach of the
LGIA; or (6) is required, in accordance with Section 13.1.6, Order
of Disclosure, to be disclosed by any Governmental Authority or is
otherwise required to be disclosed by law or subpoena, or is
necessary in any legal proceeding establishing rights and
obligations under the LGIA. Information designated as Confidential
Information will no longer be deemed confidential if the Party that
designated the information as confidential notifies the other Party
that it no longer is confidential.

13.1.2 Release of Confidential Information

    Neither Party shall release or disclose Confidential Information
to any other person, except to its Affiliates (limited by the
Standards of Conduct requirements), employees, consultants, or to
parties who may be or considering providing financing to or equity
participation with Interconnection Customer, or to potential
purchasers or assignees of Interconnection Customer, on a need-to-
know basis in connection with these procedures, unless such person
has first been advised of the confidentiality provisions of this
Section 13.1 and has agreed to comply with such provisions.
Notwithstanding the foregoing, a Party providing Confidential
Information to any person shall remain primarily responsible for any
release of Confidential Information in contravention of this Section
13.1.

13.1.3 Rights

    Each Party retains all rights, title, and interest in the
Confidential Information that each Party discloses to the other
Party. The disclosure by each Party to the other Party of
Confidential Information shall not be deemed a waiver by either
Party or any other person or entity of the right to protect the
Confidential Information from public disclosure.

13.1.4 No Warranties

    By providing Confidential Information, neither Party makes any
warranties or representations as to its accuracy or completeness. In
addition, by supplying Confidential Information, neither Party
obligates itself to provide any particular information or
Confidential Information to the other Party nor to enter into any
further agreements or proceed with any other relationship or joint
venture.

13.1.5 Standard of Care

    Each Party shall use at least the same standard of care to
protect Confidential Information it receives as it uses to protect
its own Confidential Information from unauthorized disclosure,
publication or dissemination. Each Party may use Confidential
Information solely to fulfill its obligations to the other Party
under these procedures or its regulatory requirements.

13.1.6 Order of Disclosure

    If a court or a Government Authority or entity with the right,
power, and apparent authority to do so requests or requires either
Party, by subpoena, oral deposition, interrogatories, requests for
production of documents, administrative order, or otherwise, to
disclose Confidential Information, that Party shall provide the
other Party with prompt notice of such request(s) or requirement(s)
so that the other Party may seek an appropriate protective order or
waive compliance with the terms of the LGIA. Notwithstanding the
absence of a protective order or waiver, the Party may disclose such
Confidential Information which, in the opinion of its counsel, the
Party is legally compelled to disclose. Each Party will use
Reasonable Efforts to obtain reliable assurance that confidential
treatment will be accorded any Confidential Information so
furnished.

13.1.7 Remedies

    The Parties agree that monetary damages would be inadequate to
compensate a Party for the other Party's Breach of its obligations
under this Section 13.1. Each Party accordingly agrees that the
other Party shall be entitled to equitable relief, by way of
injunction or otherwise, if the first Party Breaches or threatens to
Breach its obligations under this Section 13.1, which equitable
relief shall be granted without bond or proof of damages, and the
receiving Party shall not plead in defense that there would be an
adequate remedy at law. Such remedy shall not be deemed an exclusive
remedy for the Breach of this Section 13.1, but shall be in addition
to all other remedies available at law or in equity. The Parties
further acknowledge and agree that the covenants contained herein
are necessary for the protection of legitimate business interests
and are reasonable in scope. No Party, however, shall be liable for
indirect, incidental, or consequential or punitive damages of any
nature or kind resulting from or arising in connection with this
Section 13.1.

13.1.8 Disclosure to FERC, its Staff, or a State

    Notwithstanding anything in this Section 13.1 to the contrary,
and pursuant to 18 CFR 1b.20, if FERC or its staff, during the
course of an investigation or otherwise, requests information from
one of the Parties that is otherwise required to be maintained in
confidence pursuant to the LGIP, the Party shall provide the
requested information to FERC or its staff, within the time provided
for in the request for information. In providing the information to
FERC or its staff, the Party must, consistent with 18 CFR 388.112,
request that the information be treated as confidential and non-
public by FERC and its staff and that the information be withheld
from public disclosure. Parties are prohibited from notifying the
other Party prior to the release of the Confidential Information to
FERC or its staff. The Party shall notify the other Party to the
LGIA when its is notified by FERC or its staff that a request to
release Confidential Information has been received by FERC, at which
time either of the Parties may respond before such information would
be made public, pursuant to 18 CFR 388.112. Requests from a state
regulatory body conducting a confidential investigation shall be
treated in a similar manner, consistent with applicable state rules
and regulations.

13.1.9

    Subject to the exception in Section 13.1.8 of this LGIP, any
information that a Party claims is competitively sensitive,
commercial or financial information (``Confidential Information'')
shall not be disclosed by the other Party to any person not employed
or retained by the other Party, except to the extent disclosure is
(i) required by law; (ii) reasonably deemed by the disclosing Party
to be required to be disclosed in connection with a dispute between
or among the Parties, or the defense of litigation or dispute; (iii)
otherwise permitted by consent of the other Party, such consent not
to be unreasonably withheld; or (iv) necessary to fulfill its
obligations under this LGIP or as a transmission service provider or
a [Control Area]Balancing Authority Area operator including
disclosing the Confidential Information to an RTO or ISO or to a
subregional, regional or national reliability organization or
planning group. The Party asserting confidentiality shall notify the
other Party in writing of the information it claims is confidential.
Prior to any disclosures of the other Party's Confidential
Information under this subparagraph, or if any third party or
Governmental Authority makes any request or demand for any of the
information described in this subparagraph, the disclosing Party
agrees to promptly notify the other Party in writing and agrees to
assert confidentiality and cooperate with the other Party in seeking
to protect the Confidential Information from public disclosure by
confidentiality agreement, protective order or other reasonable
measures.

13.1.10

    This provision shall not apply to any information that was or is
hereafter in the public domain (except as a result of a Breach of
this provision).

13.1.11

    Transmission Provider shall, at Interconnection Customer's
election, destroy, in a confidential manner, or return the
Confidential Information provided at the time of Confidential
Information is no longer needed.

13.2 Delegation of Responsibility

    Transmission Provider may use the services of subcontractors as
it deems

appropriate to perform its obligations under this LGIP. Transmission
Provider shall remain primarily liable to Interconnection Customer
for the performance of such subcontractors and compliance with its
obligations of this LGIP. The subcontractor shall keep all
information provided confidential and shall use such information
solely for the performance of such obligation for which it was
provided and no other purpose.

13.3 Obligation for Study Costs

    In the event an Interconnection Customer withdraws its
Interconnection Request prior to the commencement of the Cluster
Study, Interconnection Customer must pay Transmission Provider the
actual costs of processing its Interconnection Request. In the event
an Interconnection Customer withdraws after the commencement of the
Cluster Study, Transmission Provider shall charge and
Interconnection Customer shall pay the actual costs of the
Interconnection Studies. The costs of any interconnection study
conducted on a clustered basis shall be allocated among each
Interconnection Customer within the cluster as follows:
{Transmission Provider shall include in this section a description
of how the cost of any clustered interconnection study will be
allocated.{time}
    Any difference between the study deposit and the actual cost of
the applicable Interconnection Study shall be paid by or refunded,
except as otherwise provided herein, to Interconnection