120 Adelaide Street West
Suite 1600
Toronto, Ontario M5H 1T1
T 416-967-7474
F 416-967-1947
www.ieso.ca
FORM OF INDEPENDENT ENGINEER CERTIFICATE
(COMBINED HEAT AND POWER-CHPIII)
contract.management@ieso.ca
IESOCM-FORM-016C(2013-05)
EXHIBIT AA
FORM OF INDEPENDENT ENGINEER'S CERTIFICATE
RE COMMERCIAL OPERATION
SUBMIT BY E-MAIL (PDF WITH SIGNATURE) TO
contract.management@ieso.ca
Capitalized terms not defined herein have the meanings ascribed thereto in the Contract.
Date
Legal Name of Supplier
Name of Facility
Agreement Title
(the
“Agreement”)
Agreement Date
Legal Name of
Independent Engineer
WHEREAS subsection [No.] of the Agreement between the Supplier and the Buyer dated as of [Contract Date] provides that the
Facility will be deemed to have achieved Commercial Operation at the point in time when, inter alia, the Buyer has received a
certificate (this “Certificate”) addressed to it from an Independent Engineer containing certain statements with respect to the
Facility;
AND WHEREAS [Legal Name of Independent Engineer] (the “Undersigned”) acts as the Independent Engineer for the purposes
of delivery of this Certificate;
NOW THEREFORE, THE UNDERSIGNED CERTIFIES to the Buyer, and acknowledges that the Buyer is relying on this
Certificate, that:
(i)
the Undersigned is duly qualified and licensed to practice engineering in the province of Ontario;
(ii)
the Undersigned is neither an employee nor a consultant of the Supplier such that the majority of either the time or
billings of the Undersigned during the 18 month period prior to the date hereof were devoted to the Facility;
(iii)
the Undersigned is not an affiliate of the Supplier nor directly or indirectly Controlled by the Supplier;
(iv)
the Facility has been completed in all material respects, excepting punch list items that do not materially and adversely
affect the ability of the Facility to operate in accordance with the Agreement;
(v)
the Connection Point of the Facility is at the location specified in Exhibit A of the Agreement;
(vi)
the Facility has been constructed, connected, commissioned and synchronized to the IESO-Controlled Grid, a Local
Distribution System or an End-User Load such that at least 100% of the Average Seasonal Contract Capacity for the
Facility is available to generate Electricity in compliance with Good Engineering and Operating Practices;
(vii)
the Facility has successfully undertaken a performance test in accordance with recognized standards demonstrating
the maximum capacity of the Facility and that the Facility has met the Average Seasonal Contract Capacity and the
Minimum UHO Requirement for the Season in which the performance test took place. A copy of the performance test
report is to be attached to the IE Certificate;
FORM OF INDEPENDENT ENGINEER CERTIFICATE (CHPIII)
IESOCM-FORM-016C(2013-05)
Page 1 of 3
Independent Electricity System Operator
(viii)
the Independent Engineer reviewed the Metering Plan approved by the Buyer and all calculations have been
performed in accordance therewith; and
(ix)
the Facility has, for four (4) continuous hours, using Primary Fuel and in compliance with all Laws and Regulations:
(A) generated Measured Electricity at an uninterrupted rate, in each of such hours, of not less than 100% of
the Average Seasonal Contract Capacity for the Season in which such generation took place multiplied
by one hour; and
(B) generated and delivered Measured UHO to the Host Facility at an uninterrupted rate, in each of such
hours during which Measured Electricity was generated in subsection (ix)(A) above of this Certificate,
that satisfies the Minimum UHO Requirement. For greater certainty: (i) if the Measured UHO does not
satisfy the Minimum UHO Requirement, the Measured Electricity will not be adjusted with respect to
such shortfall and the Facility will not satisfy the Minimum UHO Requirement, and (ii) the Host Facility
must accept the UHO.
Signed this
[Day]
day of
[Month, Year]
.
[Legal Name of Independent Engineer]
Per:
Name:
Title:
[Name, P.Eng.]
[Title]
Professional Engineer Stamp of Signing Engineer
FORM OF INDEPENDENT ENGINEER CERTIFICATE (CHPIII)
IESOCM-FORM-016C(2013-05)
Page 2 of 3
Independent Electricity System Operator
APPENDIX A
To Independent Engineer Certificate
PERFORMANCE TEST REPORT
FORM OF INDEPENDENT ENGINEER CERTIFICATE (CHPIII)
IESOCM-FORM-016C(2013-05)
Page 3 of 3