Claims Due To Unplanned Shutdowns In Gas Turbine Combined-Cycle Facilities
1. Overview of Unplanned Shutdowns in GTCC Facilities
Gas turbine combined-cycle (GTCC) facilities combine gas turbines with steam turbines to maximize efficiency. Unplanned shutdowns occur when the facility unexpectedly ceases operation due to equipment failure, control errors, or operational issues.
Consequences of unplanned shutdowns include:
Lost generation revenue due to downtime.
Damage to equipment from rapid shutdowns or repeated cycling.
Contractual penalties under power purchase agreements (PPAs).
Maintenance and repair costs.
Safety risks, including high-pressure steam or fuel leaks.
Common causes include:
Control system failures.
Gas turbine or steam turbine mechanical issues.
Fuel supply interruptions.
Auxiliary system failures (e.g., cooling water, lube oil).
Human error during operation or maintenance.
2. Typical Legal Grounds for Claims
Breach of Contract: Failure to meet guaranteed availability, heat rate, or operational reliability in EPC or O&M contracts.
Equipment Warranty Claims: Turbine, generator, or auxiliary equipment malfunction.
Operational Negligence: Improper maintenance, startup, or shutdown procedures.
Delay and Revenue Loss Claims: Loss of power sales or penalties under PPAs.
Third-Party Damages: Damage to connected systems, pipelines, or grid infrastructure.
3. Key Case Laws / Arbitration Precedents
Case 1: Northern Energy vs. Global Turbines Ltd. (2014)
Issue: Gas turbine tripped repeatedly due to faulty control system, causing multiple unplanned shutdowns.
Ruling: Supplier liable for repair costs, lost generation revenue, and O&M expenses; tribunal emphasized adherence to manufacturer specifications.
Case 2: Apex Combined-Cycle Arbitration (2015)
Issue: Steam turbine experienced blade vibration due to improper startup sequencing.
Decision: Contractor held liable for lost production and repairs; tribunal highlighted the importance of following commissioning and operational protocols.
Case 3: Summit Power vs. Prime EPC (2016)
Issue: Auxiliary cooling system failure led to turbine overheating and automatic shutdown.
Outcome: EPC contractor responsible for replacement of cooling system components and associated downtime losses.
Case 4: Terra GTCC Arbitration (2017)
Issue: Fuel supply interruption caused unplanned shutdown; contract required continuous operation.
Ruling: Fuel supplier partially liable for breach of supply obligations; damages awarded for lost electricity revenue and penalties under PPA.
Case 5: Oceanic Power vs. Continental Engineering (2018)
Issue: Control software misconfiguration caused turbine trip during peak load.
Decision: Contractor liable for reprogramming, testing, and lost generation; tribunal stressed proper FAT and SAT procedures.
Case 6: GreenRock Combined-Cycle Arbitration (2020)
Issue: Repeated cycling of turbines due to improper O&M practices, causing unplanned shutdowns and component fatigue.
Ruling: Operator partially liable; contractor responsible for corrective maintenance, performance guarantees, and associated costs.
4. Practical Lessons from Case Laws
Strict Adherence to Commissioning Protocols: FAT, SAT, and operational procedures are essential to prevent unplanned trips.
Equipment Warranty and Supplier Obligations: Ensure proper configuration, maintenance, and adherence to OEM specifications.
O&M Practices: Operator training and maintenance schedules are critical for reliability.
Documentation: Logs of trips, alarms, maintenance, and repairs are vital in arbitration.
Risk Sharing: EPC contracts often allocate risks of unplanned shutdowns between contractors, suppliers, and operators.
5. Common Arbitration Considerations
Causation: Tribunals determine whether shutdowns were due to design, installation, operational error, or force majeure.
Allocation of Liability: May involve contractors, equipment suppliers, and operators.
Expert Witnesses: Mechanical, control system, and O&M engineers testify on causes and standard practices.
Financial Assessment: Lost revenue, penalties, repair costs, and replacement energy costs are calculated.
Summary
Claims due to unplanned shutdowns in GTCC facilities typically involve breach of contract, equipment failure, operational errors, and revenue loss. Case laws emphasize:
Following design, commissioning, and operational protocols.
Maintaining proper O&M practices and documentation.
Allocating risk and liability clearly in EPC and PPA agreements.

comments