Common use of Disputes Regarding Exclusive Filing Rights Clause in Contracts

Disputes Regarding Exclusive Filing Rights. If at the time that a proposal to change or amend any part of the PJM Tariff, or to add any new provision, is submitted to PJM or the PJM Transmission Owners for consultation pursuant to Section 5.1.1(b) or 5.2.1(b), a dispute arises as to which party has Section 205 rights to make such filing, the following procedures shall apply: (i) The Administrative Committee and PJM shall meet promptly prior to the filing in order to resolve the dispute. Such resolution shall include a joint Section 205 filing by the PJM Transmission Owners and PJM. (ii) If the PJM Transmission Owners propose to make the Section 205 filing, they shall defer such filing beyond the 30 day notice and consultation period provided for in Section 5.1.1(b) for up to 10 additional days at the request of PJM to allow the dispute to be resolved. (iii) If PJM proposes to make the Section 205 filing, it shall defer any filing beyond the 7 day notice and consultation period provided for in Section 5.2.1(b) for up to 10 additional days to allow the dispute to be resolved. (iv) In order to resolve a dispute, the agreement of the PJM Transmission Owners must be obtained by a vote in accordance with this Agreement, Section 6.5.1 of the East Transmission Owners Agreement, and Section 6.5.1 of the West Transmission Owners Agreement. (v) If the Parties are unable to reach agreement among themselves, the matter shall be presented to and resolved by a neutral party chosen by the Administrative Committee and PJM. Except as provided in this Section 5.3(v), such resolution shall be binding on the Parties. PJM and the PJM Transmission Owners shall share in the cost of any neutral party on an equal basis. The Administrative Committee and PJM may replace the neutral party at any time they mutually deem such action to be appropriate or necessary. The decision of the neutral party as to which Parties have Section 205 rights hereunder shall be made within the period provided Issued By: Xxxxx Xxxxxx Effective: May 1, 2005 Vice President, Government Policy Issued On: November 4, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. ER04-829, et al., issued October 5, 2004, 109 FERC 61,012. PJM Interconnection, L.L.C. Original Sheet No. 12E Rate Schedule FERC No. 39 for consultation between the PJM Transmission Owners and PJM as set forth in Sections 5.3(ii) or 5.3(iii), as applicable. Interested parties (include the Parties) may file a complaint seeking review by the FERC of the neutral party’s decision, and the FERC’s authority to interpret which parties have Section 205 rights shall not be limited by the neutral party’s decision as it relates to these disputes. (vi) Nothing in this Section 5.3 is intended to limit Dominion Virginia Power’s rights to make filings subject to this dispute resolution provision pursuant to Section 206 of the Federal Power Act prior to resolution of such dispute.

Disputes Regarding Exclusive Filing Rights. If at the time that a proposal to change or amend any part of the PJM Tariff, or to add any new provision, is submitted to PJM or the PJM Transmission Owners for consultation pursuant to Section 5.1.1(bSections 7.3.2 or 7.5.1 (ii),) or 5.2.1(b)of this Agreement, a dispute arises as to which party Party has Section 205 rights to make such filing, the following procedures shall apply: (i) 7.6.1 The Administrative Committee and PJM shall meet promptly prior to the filing in order to resolve the dispute. Such resolution shall may include a joint Section 205 filing by the PJM Transmission Owners and PJM. (ii) 7.6.2 If the PJM Transmission Owners propose to make the Section 205 filing, they shall defer such filing beyond the 30 30-day notice and consultation period provided for in Section 5.1.1(b) 7.3.2 for up to 10 additional days at the request of PJM to allow the dispute to be resolved. (iii) 7.6.3 If PJM proposes to make the Section 205 filing, it shall defer any filing beyond the 7 day notice and consultation period provided for in Section 5.2.1(b7.5.1 (ii) for up to 10 additional days to allow the dispute to be resolved.; (iv) 7.6.4 In order to resolve a dispute, the agreement of the PJM Transmission Owners must be obtained by a vote in accordance with Section 8.5.1 of this Agreement, Section 6.5.1 of the East Transmission Owners Agreement, and Section 6.5.1 of the West Transmission Owners Agreement.; (v) 7.6.5 If the Parties are unable to reach agreement among themselves, the matter shall be presented to and resolved by a neutral party Neutral Party chosen by the Administrative Committee and PJM. Except as follows and, except as provided in this Section 5.3(v)7.6.5, such resolution shall be binding on the Parties: The Chairman of the Administrative Committee (or his/her designee) and an executive of PJM chosen by the President shall choose the Neutral Party and shall have authority to enter into an agreement that will make the Neutral Party available on a prompt basis to resolve disputes hereunder. PJM and the PJM Transmission Owners shall share in the cost of any neutral party Neutral Party on an equal basis. The Chairman of the Administrative Committee (or his/her designee) and an executive of PJM chosen by the President may replace the neutral party Neutral Party at any time they mutually deem such action to be appropriate or necessary. The decision of the neutral party Neutral Party as to which Parties have Section 205 rights hereunder shall be made within the period provided Issued By: Xxxxx Xxxxxx Effective: May 1, 2005 Vice President, Government Policy Issued On: November 4, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. ER04-829, et al., issued October 5, 2004, 109 FERC 61,012. PJM Interconnection, L.L.C. Original Sheet No. 12E Rate Schedule FERC No. 39 for consultation between the PJM Transmission Owners and PJM as set forth in Sections 5.3(ii) 7.6.2 or 5.3(iii)7.6.3, as applicable. Interested parties (include including the Parties) may file a complaint seeking review by the FERC of the neutral partyNeutral Party’s decision, and the FERC’s authority to interpret which parties Parties have Section 205 rights shall not be limited by the neutral partyNeutral Party’s decision as it relates to these disputes. (vi) 7.6.6 Nothing in this Section 5.3 7.6 is intended to limit Dominion Virginia Power’s the Parties’ rights to make filings subject to this dispute resolution provision pursuant to Section 206 of the Federal Power Act prior to resolution of such dispute.

Disputes Regarding Exclusive Filing Rights. If at the time that a proposal to change or amend any part of the PJM Tariff, or to add any new provision, is submitted to PJM or the PJM Transmission Owners for consultation pursuant to Section 5.1.1(b) Sections 7.3.2 or 5.2.1(b7.5.1 (ii), a dispute arises as to which party Party has Section 205 rights to make such filing, the following procedures shall apply: (i) 7.6.1 The Administrative Committee and PJM shall meet promptly prior to the filing in order to resolve the dispute. Such resolution shall may include a joint Section 205 filing by the PJM Transmission Owners and PJM. (ii) 7.6.2 If the PJM Transmission Owners propose to make the Section 205 filing, they shall defer such filing beyond the 30 30-day notice and consultation period provided for in Section 5.1.1(b) 7.3.2 for up to 10 additional days at the request of PJM to allow the dispute to be resolved. (iii) 7.6.3 If PJM proposes to make the Section 205 filing, it shall defer any filing beyond the 7 day notice and consultation period provided for in Section 5.2.1(b7.5.1 (ii) for up to 10 additional days to allow the dispute to be resolved.; (iv) 7.6.4 In order to resolve a dispute, the agreement of the PJM Transmission Owners must be obtained by a vote in accordance with Section 8.5.1 of this Agreement, Section 6.5.1 of the East Transmission Owners Agreement, and Section 6.5.1 of the West Transmission Owners Agreement.; (v) 7.6.5 If the Parties are unable to reach agreement among themselves, the matter shall be presented to and resolved by a neutral party Neutral Party chosen by the Administrative Committee and PJM. Except as follows and, except as provided in this Section 5.3(v)7.6.5, such resolution shall be binding on the Parties: The Chairman of the Administrative Committee (or his/her designee) and an executive of PJM chosen by the President shall choose the Neutral Party and shall have authority to enter into an agreement that will make the Neutral Party available on a prompt basis to resolve disputes hereunder. PJM and the PJM Transmission Owners shall share in the cost of any neutral party Neutral Party on an equal basis. The Chairman of the Administrative Committee (or his/her designee) and an executive of PJM chosen by the President may replace the neutral party Neutral Party at any time they mutually deem such action to be appropriate or necessary. The decision of the neutral party Neutral Party as to which Parties have Section 205 rights hereunder shall be made within the period provided Issued By: Xxxxx Xxxxxx Effective: May 1, 2005 Vice President, Government Policy Issued On: November 4, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. ER04-829, et al., issued October 5, 2004, 109 FERC 61,012. PJM Interconnection, L.L.C. Original Sheet No. 12E Rate Schedule FERC No. 39 for consultation between the PJM Transmission Owners and PJM as set forth in Sections 5.3(ii) 7.6.2 or 5.3(iii)7.6.3, as applicable. Interested parties (include including the Parties) may file a complaint seeking review by the FERC of the neutral partyNeutral Party’s decision, and the FERC’s authority to interpret which parties Parties have Section 205 rights shall not be limited by the neutral partyNeutral Party’s decision as it relates to these disputes. (vi) 7.6.6 Nothing in this Section 5.3 7.6 is intended to limit Dominion Virginia Power’s the Parties’ rights to make filings subject to this dispute resolution provision pursuant to Section 206 of the Federal Power Act prior to resolution of such dispute.

Disputes Regarding Exclusive Filing Rights. If at the time that a proposal to change or amend any part of the PJM Tariff, or to add any new provision, is submitted to PJM or the PJM Transmission Owners for consultation pursuant to Section 5.1.1(bSections 7.3.2 or 7.5.1 (ii) or 5.2.1(b)of this Agreement, a dispute arises as to which party Party has Section 205 rights to make such filing, the following procedures shall apply: (i) 7.6.1 The Administrative Committee and PJM shall meet promptly prior to the filing in order to resolve the dispute. Such resolution shall may include a joint Section 205 filing by the PJM Transmission Owners and PJM. (ii) 7.6.2 If the PJM Transmission Owners propose to make the Section 205 filing, they shall defer such filing beyond the 30 30-day notice and consultation period provided for in Section 5.1.1(b) 7.3.2 for up to 10 additional days at the request of PJM to allow the dispute to be resolved. (iii) 7.6.3 If PJM proposes to make the Section 205 filing, it shall defer any filing beyond the 7 day notice and consultation period provided for in Section 5.2.1(b7.5.1 (ii) for up to 10 additional days to allow the dispute to be resolved.; (iv) 7.6.4 In order to resolve a dispute, the agreement of the PJM Transmission Owners must be obtained by a vote in accordance with Section 8.5.1 of this Agreement, Section 6.5.1 of the East Transmission Owners Agreement, and Section 6.5.1 of the West Transmission Owners Agreement.; (v) 7.6.5 If the Parties are unable to reach agreement among themselves, the matter shall be presented to and resolved by a neutral party Neutral Party chosen by the Administrative Committee and PJM. Except as follows and, except as provided in this Section 5.3(v)7.6.5, such resolution shall be binding on the Parties: The Chairman of the Administrative Committee (or his/her designee) and an executive of PJM chosen by the President shall choose the Neutral Party and shall have authority to enter into an agreement that will make the Neutral Party available on a prompt basis to resolve disputes hereunder. PJM and the PJM Transmission Owners shall share in the cost of any neutral party Neutral Party on an equal basis. The Chairman of the Administrative Committee (or his/her designee) and an executive of PJM chosen by the President may replace the neutral party Neutral Party at any time they mutually deem such action to be appropriate or necessary. The decision of the neutral party Neutral Party as to which Parties have Section 205 rights hereunder shall be made within the period provided Issued By: Xxxxx Xxxxxx Effective: May 1, 2005 Vice President, Government Policy Issued On: November 4, 2004 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. ER04-829, et al., issued October 5, 2004, 109 FERC 61,012. PJM Interconnection, L.L.C. Original Sheet No. 12E Rate Schedule FERC No. 39 for consultation between the PJM Transmission Owners and PJM as set forth in Sections 5.3(ii) 7.6.2 or 5.3(iii)7.6.3, as applicable. Interested parties (include including the Parties) may file a complaint seeking review by the FERC of the neutral partyNeutral Party’s decision, and the FERC’s authority to interpret which parties Parties have Section 205 rights shall not be limited by the neutral partyNeutral Party’s decision as it relates to these disputes. (vi) 7.6.6 Nothing in this Section 5.3 7.6 is intended to limit Dominion Virginia Power’s the Parties’ rights to make filings subject to this dispute resolution provision pursuant to Section 206 of the Federal Power Act prior to resolution of such dispute.