CRG-26: If we specify a minimum capacity in the bid for a Project, are we required to build the Project at that minimum capacity? For example, if we specify a 1.5 MW minimum capacity, can we build a 2 MW Project knowing that we will receive revenue from the sale of RECs associated with only 1.5 MW?

A bidder specifies a “minimum capacity” in kW (AC rating) with its Bid on a Project. The Seller commits to accepting for a Project an award either at the Minimum Capacity specified with the Bid for that Project or at the Project Size. In your example, if the Project is selected at a Minimum Capacity of 1.5 MW, the Proposed Nameplate Capacity of the project under the REC Contract will be 1.5 MW. As stated in Section 5. Energization of the Project, subpart (e) of the REC Contract, “If the Actual Nameplate Capacity upon Energization is different from the Proposed Nameplate Capacity and such Actual Nameplate Capacity is greater than 2,000 kW or outside the greater of: +/-5kW or +/-25% of such Proposed Nameplate Capacity, then an Event of Default shall be deemed to have occurred.”