§ 950.23. Claims process for payment of covered costs.
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/us/cfr/t10/s§ 950.23·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. No more than 120 days of when a sponsor was scheduled to attain full power operation and expects it will incur covered costs, the sponsor may make a claim upon the Department for the payment of its covered costs under the Standby Support Contract. The sponsor shall file a Certification of Covered Costs and thereafter such Supplementary Certifications of Covered Costs as may be necessary to receive payment under the Standby Support Contract for covered costs.
(b)Certification of Covered Costs. The Certification of Covered Costs shall include the following:
(1)A Claim Report, including the information specified in paragraph
(c)of this section;
(2)A certification by the sponsor that:
(i)The covered costs listed on the Claim Report filed pursuant to this section are losses to be incurred by the sponsor;
(ii)The claims for the covered costs were processed in accordance with appropriate business practices and the procedures specified in this subpart; and
(iii)The sponsor has used due diligence to mitigate, shorten, and end, the covered delay and associated costs covered by the Standby Support Contract.
(c)Claim Report. For purposes of this part, a “Claim Report” is a report of information about a sponsor's underlying claims that, in the aggregate, constitute the sponsor's covered costs. The Claim Report shall include, but is not limited to:
(1)Detailed information substantiating the duration of the covered delay;
(2)Detailed information about the covered costs associated with covered delay, including as applicable:
(i)The amount of payment for principal or interest during the covered delay, including the relevant dates of payment, amounts of payment and any other information deemed relevant by the Department, and the name of the holder of the debt, if the debt obligation is held by a Federal agency; or
(ii)The underlying payment during the covered delay related to the incremental cost of purchasing power to meet contractual agreements, including any documentation deemed relevant by the Department to calculate the fair market price of power.
(d)Supplementary Certification of Covered Cost. If the total amount of the covered costs due to a sponsor under the Standby Support Contract has not been determined at the time the Certification of Covered Costs has been filed, the sponsor shall file monthly, or on a schedule otherwise determined by the Claims Administrator, Supplementary Certifications of Covered Costs updating the amount of the covered costs owed to the sponsor. Supplementary Certifications of Covered Costs shall include a Claim Report and a certification as described in this section.
(e)Supplementary information. In addition to the information required in paragraphs
(b)and
(c)of this section, the Claims Administrator may request such additional supporting documentation as required to ascertain the allowable covered costs sustained by a sponsor. Effective Date Note:At 71 FR 46325, Aug. 11, 2006, § 950.23 was revised. This section contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.