Australia: Epc Contracts For Wind Energy Projects - South African Re Ipp Programme - Lessons Learned From Phases 1 And 2 (October 2012) Part 9

Last Updated: 27 October 2012

First Synchronisation before Date for First Synchronisation

4.5 If the Contractor notifies the Owner that First Synchronisation is likely to take place before the Date for First Synchronisation, the Owner must use its reasonable endeavours to ensure that the Transmission System and/or Distribution System is in place to enable First Synchronisation to take place in accordance with the Contractor's revised estimate of First Synchronisation. The Contractor is not entitled to claim any additional cost or expense or any adjustment to the Contract Price or to claim any extension to the Scheduled COD or to make any claim under any applicable Law, at law, in equity or otherwise, if the Distribution System is not in place to enable First Synchronisation to take place in accordance with the Contractor's revised estimate of First Synchronisation.

Export of power

4.6 At the time of and following First Synchronisation the Owner will ensure that the Contractor is permitted to export to the Transmission System and/or Distribution System power which the Facility is physically capable of exporting, provided that:

4.6.1 it is necessary for the Contractor to export that amount of power if the Contractor is to obtain Commercial Operation;

4.6.2 the Contractor has complied in all respects with its obligations under the 'Code Requirements'; and

4.6.3 in the reasonable opinion of the Owner and/or the NTC, Distributor or NERSA the export of power by the Facility will not pose a threat to the safety of persons and/or property (including the Transmission System and/or Distribution System).

No breach

4.7 The Owner will not be in breach of any obligation under this Contract by reason only of the Contractor being denied permission to export power to the Transmission System and/or Distribution System in accordance with the Codes for reasons attributable directly or indirectly to the whole.

No deemed Commercial Operation

4.8 The Contractor acknowledges that there will not be any deemed Commercial Operation as a result of the connection of the Facility to the Transmission System or the sale of any electricity.

Code requirements

4.9 The Contractor must perform the Works (including the Connection Works) to ensure that the Owner and Contractor [its Personnel and Subcontractors] each comply with the requirements of any Responsible Authorities and each Party's obligations under the:

4.9.1 Codes;

4.9.2 applicable Laws; and

4.9.3 Project Documents.

Avoidance of Damage or Interference to Transmission System

4.10 The Contractor must perform the Works (including the Connection Works) to ensure that:

4.10.1 any interference to the Transmission System and/or Distribution System is minimised; and

4.10.2 damage to the Transmission System and/or Distribution System is avoided.

Reporting of interference

4.11 The Contractor must immediately report to the Owner's Representative any interference with and damage to the Transmission System and/or Distribution System which connects with the Facility of which it is aware.

Additional obligations

4.12 In performing any test which requires the Contractor to supply electricity to the Transmission System and/or Distribution System, the Contractor must:

4.12.1 on behalf of the Owner, comply with the Owner's obligations under clause 2 of the Transmission Agreement and/or clause 12 of the Distribution Agreement as they relate connection and synchronisation of the Facility with the Transmission System and/or Distribution System;

[Note: This is a pass-through of clause 2 of the Transmission Agreement and clause 12 of the Distribution Agreement]

4.12.2 issue a notice to the Owner's Representative at least 48 hours prior to the time at which it wishes to so supply, detailing the testing or commissioning and including the Contractor's best estimate of the total period and quantity (in MWh per half-hour) of that supply;

4.12.3 promptly notify the Owner's Representative if there is any material change in the information contained in such notice; and

4.12.4 do all things reasonably necessary to assist the Owner (including co-operating with the NTC and complying with its 'Code Requirements' obligations).

APPENDIX 2

Schedules - wind projects - RE ipp programme

TESTING

[A complete testing of a wind facility requires the facility to be grid-connected. It is therefore important to continue the testing following the Commercial Operating Date.]

[The tests shall comply with the minimum requirements of this section as well as minimum requirements in the PPA and in the Employer's Requirements.

Figure 1 (at the end of this Appendix 2) shows an overview of the regime for the testing. In order for the Project to obtain an Facility Completion Form (the "Facility Completion Form") the following tests must have been completed:

  • Factory Tests
  • Commissioning Tests for all components: Wind Turbines and ancillary equipment
  • Acceptance Tests

On completion of the Factory Tests, the Employer shall provide to the Contractor a certificate stating that these tests have been satisfactorily completed (the "Factory Certificate"). On completion of the Commissioning Tests, the Independent Engineer shall provide to the Employer a certificate stating that these tests have been satisfactorily completed (the "Commissioning Certificate"). On completion of the Acceptance Tests, the Independent Engineer shall provide to the Employer a certificate stating that these tests have been satisfactorily completed (the "Facility Completion Form").

Tests shall be performed on each Wind Turbine and on the ancillary equipment. Certificates shall be issued separately for each component of the Wind Farm. When all the Acceptance Certificates have been issued for all the components which make up the Wind Farm the Project Acceptance Test shall be completed, and the Facility Completion Form shall be issued by the Independent Engineer.]

1 PRE-COD PERIOD TESTING

1.1 Precommissioning Tests

[List details of tests to be passed prior to commissioning in the table below or incorporate by reference tests set out in the Specification if applicable.

Please note that all tests conducted as Precommissioning Tests will have to be conducted without grid connection.

The below headings are an indication of the nature of the tests that should be included. The final testing regime will need to be finalised with the Technical Adviser.

The Precommissioning Tests should include any requirements under the applicable grid code or other legal requirement prior to the grid connection.]

1.1.1 General Testing Activities

The Works have been performed in compliance with the Specification and any subsequent Variation and all further items set out in GC 5.1.

The as-built drawings are an exact representation of the Works.

The Works have been performed in a workmanlike manner and are in compliance with all requirements stipulated or referred to in GC 5.1.

1.1.2 Factory Tests

The Contractor must undertake the standard factory tests (the Factory Tests) set out in this Schedule 8 (Tests). Details of and schedule for the Factory Tests shall be provided by the Contractor for their own and for third party witnessing and shall form part of this Contract. Certificates of conformity to the Owner's inspection criteria shall be provided to the Contractor as specified under the Specification (Schedule 1).

The minimum requirements for Factory Tests shall be as follows.

Factory Test certificates shall be provided by the Contractor for the following components:

  1. Wind Turbine foundations and other civil work with reference to the Specification (including but not limited to the reinforcing steel material certificates, concrete batching plant certification and concrete mix records).
  2. Wind Turbine towers with reference to the Specification (including but not limited to steel plate material certificates, weld test results and paint conformity (inside and outside)).
  3. Wind Turbine:
    1. Generator (including but not limited to incoming inspection: dimensional accuracy, proving test run results with respect to: sensors, heaters, fans).
    2. Gearbox (including but not limited to incoming inspection: dimensional accuracy, proving test run, sensors, heaters, fans, pumps).
    3. Power converter (including but not limited to visual inspection before shipping).
    4. Yaw drives (including but not limited to incoming inspection: dimensional accuracy, proving test run results with respect to: sense of rotation, wind tracking).
    5. Blade pitch drives (including but not limited to incoming inspection: dimensional accuracy, proving test run results with respect to: functional test of pitch system).
    6. Major castings (hub, low speed shaft) (including but not limited to incoming inspection: dimensional accuracy, painting, ultra sonic testing on suspicious blowholes).
  1. Electrical testing activities including but not limited to:
  2. The proper electrical construction and functioning of the Facility shall be tested, to the extent possible without the Facility being connected to the Distribution System or Transmission System, including but not limited to the testing of the:

    1. Wind Turbine transformers.
    2. Substation transformer(s).
    3. Auxiliary supplies transformers.
    4. Power cables.
    5. Optic fibre cables.
    6. MV and HV switchgear.

    Routine tests shall be performed on all transformers.

    Tests for the cables shall include as a minimum:

    1. Capacitance measurement.
    2. Tan-delta measurements, as a function of voltage and of temperature.
    3. Partial discharge measurement
    4. Impulse withstand test followed by partial discharge measurement.
    5. Heating cycle test followed by partial discharge measurement.
    6. Bending and tension tests.
  1. Wind Turbine assemblies:
    1. The Owner shall provide details of tests with respect to the Wind Turbine assembly works to demonstrate conformance with the standard quality system adopted by the Contractor. The complete set of quality records will be available for inspection by Owner for each Wind Turbine.
  1. SCADA:
    1. Tests to ensure all hardware bought from outside suppliers or manufactured in-house by the Contractor is working according to the technical specifications of the suppliers or Contractor.
    2. Demonstration that the central server and software system communicate with the Wind Turbine controllers through an agreed protocol.
    3. Demonstration that the central server and software system communicate with the meteorological mast data-loggers through an agreed protocol.
    4. Demonstration that the central server and software system communicate with the Meters and the substation control and command system through an agreed protocol.
    5. Bench testing of a representative test system to demonstrate hardware connection to the communication system and operation of the software.

1.1.3 Monitoring & Security System Testing Activities

Correct supply and positioning of all the monitoring systems and security systems (including but not limited to any microwave detectors and the CCTV) with reference to the Specification.

  1. Proper connections of the cables in the monitoring systems and security systems.
  2. Electrical continuity of the appropriate parts of the monitoring and security system components.
  3. Proper functioning of all aspects of the monitoring system and security system, including but not limited to proper functioning of the alarms and proper off-site data transmission.]

[List details of tests to be passed prior to commissioning in the table below or incorporate by reference tests set out in Specification if applicable]

Description of Precommission tests Required result
In the presence of our representative, you must carry out the tests set out in [insert reference to relevant specification or applicable industry standard (including title, author and revision date)] on each [insert description of relevant part of the Works or the Facility]. 100% of the [insert description of relevant part of the Works or the Facility] must achieve 100% compliance with [insert reference to relevant specification or applicable industry standard (including title, author and revision date)].
[insert] test [insert]

1.2 Commissioning Tests

[List details of tests to be passed in the table below or incorporate by reference tests set out in Specification (Schedule 1) if applicable.

The below headings are an indication of the nature of the tests that you should include. This is not a complete list.

Please confirm with your technical advisor whether any specific testing activity does not require grid connection to be in place and could, accordingly, be conducted as part of the Precommissioning Tests.

The Commissioning Tests typically include a range of tests required by the grid operator under the relevant grid code and are therefore highly country-specific.

The Commissioning Tests will include all those tests required to be conducted while the Facility is connected to the Distribution Network and that will be necessary prior to the Performance Tests being carried out.

The Commissioning Tests should include any requirements under the applicable grid code or other legal requirement prior to achieve operating grid connection.]

1.2.1 Wind Turbine Tests

The Commissioning Tests on each Wind Turbine shall follow the standard Contractor's test but include the following as a minimum:

  1. A test run of six (6) hours duration with operational data recorded by the SCADA. Spot values of power versus wind speed so recorded shall demonstrate that the Wind Turbine is operating reasonably within the design envelope of performance guaranteed by the Contractor.
  2. Demonstration that vibration levels are acceptable and within values specified by the Owner.
  3. At least one trip per Wind Turbine shall be carried out when the Wind Turbine is generating, and the trip shall be recorded by the SCADA.
  4. Demonstration of the satisfactory operation of the yaw drive and brakes.
  5. Insulation resistance.

The Contractor shall specifically check that all the control settings on the Wind Turbines are in accordance with the [Turbine Type Certificate].

Upon successful commissioning of each individual Wind Turbine demonstrating the Wind Turbines can be operated satisfactorily and safely a Commissioning Certificate will be issued.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com

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