There is penalty in our local electricity company's rate structure, for each kW you are over your base demand, so can we include this penalty in the saving we got in the modelling then?

E.g. proposed building peak demand is 5000 kW, baseline is 6000 kW, and there is a $1 fine for every kW over the set demand.

So can we set the demands for both the proposed and baseline models to be 5000 kW, and claim the additional $1000 fine as our savings?

Or we can only set the demands to be 5000 kW and 6000 kW in proposed and baseline building respectively, and the penalties incurred in both cases are minimum?