Common use of Congestion and Congestion Management Clause in Contracts

Congestion and Congestion Management. Seller is responsible for any congestion costs incurred to supply the Specified Percentage. Notwithstanding Section 2.5 (Status of Seller), Buyer shall transfer or assign to Seller, Buyer’s rights to CRRs to which Buyer is entitled as an LSE pursuant to the PJM Agreements, provided that such rights are related to the service being provided to the Specified Percentage. All rights and obligations associated with such CRRs will accrue to the Seller through the transfer or assignment from Buyer to Seller including the ability of Seller to request or nominate such CRRs when applicable. Seller shall have the right to request and nominate CRRs if: (i) all Transactions for SOS Load have been executed and are in full force and effect; and (ii) the Delivery Period under each Transaction Confirmation is inclusive of the PJM Planning Period for which the CRRs are being requested or nominated. Should the conditions above not be met, the entity recognized by PJM as having the right to make the nominations at that time will nominate such CRRs for the upcoming PJM Planning Period and such CRRs will be allocated to Seller based upon its Specified Percentage. The allocation of CRRs associated with the Specified Percentage will be in accordance with the PJM Agreements.

Congestion and Congestion Management. Seller is responsible for any congestion costs incurred to supply the Specified Percentage. Notwithstanding Section 2.5 (Status of Seller), Buyer shall transfer or assign to Seller, BuyerXxxxx’s rights to CRRs to which Buyer is entitled as an LSE pursuant to the PJM Agreements, provided that such rights are related to the service being provided to the Specified Percentage. All rights and obligations associated with such CRRs will accrue to the Seller through the transfer or assignment from Buyer to Seller including the ability of Seller to request or nominate such CRRs when applicable. Seller shall have the right to request and nominate CRRs if: (i) all Transactions for SOS Load have been executed and are in full force and effect; and (ii) the Delivery Period under each Transaction Confirmation is inclusive of the PJM Planning Period for which the CRRs are being requested or nominated. Should the conditions above not be met, the entity recognized by PJM as having the right to make the nominations at that time will nominate such CRRs for the upcoming PJM Planning Period and such CRRs will be allocated to Seller based upon its Specified Percentage. The allocation of CRRs associated with the Specified Percentage will be in accordance with the PJM Agreements.

Congestion and Congestion Management. Seller is responsible for any congestion costs incurred to supply the Specified Percentage. Notwithstanding Section 2.5 (Status of Seller), Buyer shall transfer or assign to Seller, Seller Buyer’s rights to CRRs Auction Revenue Rights (ARRs) to which Buyer is entitled as an LSE pursuant to the PJM Agreements, provided that such rights are related to the service being provided to the Specified PercentagePercentage and for the applicable term hereunder. All rights and obligations associated with such CRRs ARRs will accrue to the Seller through the transfer or assignment from Buyer to Seller including the responsibility and ability of Seller to request or nominate such CRRs ARRs when applicable. Seller shall have the right to request and nominate CRRs ARRs if: (i) all Transactions for SOS Default Service Load have been executed and are in full force and effect; and (ii) the Delivery Period under each Transaction Confirmation is inclusive of the PJM Planning Period for which the CRRs ARRs are being requested or nominated. Should the conditions above not be met, the entity recognized by PJM as having the right to make the nominations at that time will nominate such CRRs ARRs for the upcoming PJM Planning Period and such CRRs ARRs will be allocated to Seller in accordance with the PJM Agreements based upon its Specified Percentage. The allocation of CRRs associated with the Specified Percentage will be in accordance with the PJM Agreements.

Congestion and Congestion Management. Seller is responsible for any congestion costs incurred to supply the Specified Percentage. Notwithstanding Section 2.5 (Status of Seller), Buyer shall transfer or assign to Seller, Seller Buyer’s rights to CRRs Auction Revenue Rights (ARRs) to which Buyer is entitled as an LSE pursuant to the PJM Agreements, provided that such rights are related to the service being provided to the Specified PercentagePercentage and for the applicable term hereunder. All rights and obligations associated with such CRRs ARRs will accrue to the Seller through the transfer or assignment from Buyer to Seller including the responsibility and ability of Seller to request or and nominate such CRRs ARRs when applicable. Seller shall have the right to request and nominate CRRs ARRs if: (i) all Transactions for SOS Default Service Load have been executed and are in full force and effect; and (ii) the Delivery Period under each Transaction Confirmation is inclusive of the PJM Planning Period for which the CRRs ARRs are being requested or nominated. Should the conditions above not be met, the entity recognized by PJM as having the right to make the nominations at that time will nominate such CRRs ARRs for the upcoming PJM Planning Period and such CRRs ARRs will be allocated to Seller in accordance with the PJM Agreements based upon its Specified Percentage. The allocation of CRRs associated with the Specified Percentage will be in accordance with the PJM Agreements.

Congestion and Congestion Management. Seller is responsible for any congestion costs incurred to supply the Specified Percentage. Notwithstanding Section 2.5 (Status of Seller), Buyer shall transfer or assign to Seller, Seller Buyer’s rights to CRRs Auction Revenue Rights (ARRs) to which Buyer is entitled as an LSE pursuant to the PJM Agreements, including the rights to ARRs for the period January 1, 2011 through May 31, 2011, provided that such rights are related to the service being provided to the Specified PercentagePercentage and for the applicable term hereunder. All rights and obligations associated with such CRRs ARRs will accrue to the Seller through the transfer or assignment from Buyer to Seller including the responsibility and ability of Seller to request or nominate such CRRs ARRs when applicable. Seller shall have the right to request and nominate CRRs ARRs if: (i) all Transactions for SOS Default Service Load have been executed and are in full force and effect; and (ii) the Delivery Period under each Transaction Confirmation is inclusive of the PJM Planning Period for which the CRRs ARRs are being requested or nominated. Should the conditions above not be met, the entity recognized by PJM as having the right to make the nominations at that time will nominate such CRRs ARRs for the upcoming PJM Planning Period and such CRRs ARRs will be allocated to Seller in accordance with the PJM Agreements based upon its Specified Percentage. The allocation of CRRs associated with the Specified Percentage will be in accordance with the PJM Agreements.