What are the penalties for non-performance?
If we call on you to curtail power and you don’t, you will never be financially penalized. ECS does not impose financial penalties for non-performance. You will never be billed or charged back for failing to meet your curtailment objective. Financial penalties and similar non-performance clauses force the client to assume the risk and typically outweigh the potential benefit of participating in such demand response programs. Importantly, if you fail to perform, but do perform to some degree, you are still paid for how much you curtail. In other words, it is not all or nothing. The effect of failing to continually perform is that we may not ask you to remain in the program in later periods and you may be de-rated for the next seasonal periods.
