Common use of Disputes to be Resolved by FERC Clause in Contracts

Disputes to be Resolved by FERC. In the event a Dispute over any of the following matters is not resolved in accordance with Section 18.1(a), either Party shall have the right to file for relief with FERC, subject to Article 20, unless the Parties mutually agree to resolve such Dispute in accordance with Section 18.3 or by some other means: (a) Any matter subject to challenge under Section 8.1.4; (b) Any matter subject to challenge under Section 8.1.5; (c) Any matter subject to challenge under Section 8.4(b); (d) Any matter subject to challenge under Section 8.6(d); (e) Any matter subject to challenge under Section 8.6(f); (f) Any filing or Dispute under Article 9 or Article 10 (to the extent that Article 9 or Article 10 does not expressly require resolution under Section 18.3); (g) Any matter subject to challenge under Article 20; or (h) Any matter that is subject to the exclusive jurisdiction of FERC; provided that, in the event any Party objects to the reference of any such matter to FERC on the grounds that such matter is not subject to the exclusive jurisdiction of FERC, the matter shall be referred to FERC for resolution of the Dispute as to whether or not such matter is subject to the exclusive jurisdiction of FERC. Nothing contained in this Agreement shall be construed as precluding a Party from filing any answer, protest or other opposition to any FERC filing made by the other Party, unless expressly prohibited under the terms of this Agreement.

Disputes to be Resolved by FERC. In the event a Dispute over any of the following matters is not resolved in accordance with Section 18.1(a), either Party shall have the right to file for relief with FERC, subject to Article 20, unless the Parties mutually agree to resolve such Dispute in accordance with Section 18.3 or by some other means: (a) Any matter subject to challenge under Section 8.1.4; (b) Any matter subject to challenge under Section 8.1.5; (c) Any matter subject to challenge under Section 8.4(b); (d) Any matter subject to challenge under Section 8.6(d); (e) Any matter subject to challenge under Section 8.6(f); (f) Any filing or Dispute under Article 9 or Article 10 (to the extent that Article 9 or Article 10 does not expressly require resolution under Section 18.3); (g) Any matter subject to challenge under Article 20; or (h) Any matter that is subject to the exclusive jurisdiction of FERC; provided that, in the event any Party objects to the reference of any such matter to FERC on the grounds that such matter is not subject to the exclusive jurisdiction of FERC, the matter shall be referred to FERC for resolution of the Dispute as to whether or not such matter is subject to the exclusive jurisdiction of FERC. Nothing contained in this Agreement shall be construed as precluding a Party from filing any answer, protest or other opposition to any FERC filing made by the other Party, unless expressly prohibited under the terms of this Agreement. 1014917.31-D.C. Server 1A - MSW Section 18.3. Arbitration.

Disputes to be Resolved by FERC. In the event a Dispute over any of the following matters is not resolved in accordance with Section 18.1(a), either Party shall have the right to file for relief with FERC, subject to Article 20, unless the Parties mutually agree to resolve such Dispute in accordance with Section 18.3 or by some other means: (a) Any matter subject to challenge under Section 8.1.4; (b) Any matter subject to challenge under Section 8.1.5; (c) Any matter subject to challenge under Section 8.4(b); (d) Any matter subject to challenge under Section 8.6(d); (e) Any matter subject to challenge under Section 8.6(f); (f) Any filing or Dispute under Article 9 or Article 10 (to the extent that Article 9 or Article 10 does not expressly require resolution under Section 18.3); (g) Any matter subject to challenge under Article 20; or (h) Any matter that is subject to the exclusive jurisdiction of FERC; provided that, in the event any Party objects to the reference of any such matter to FERC on the grounds that such matter is not subject to the exclusive jurisdiction of FERC, the matter shall be referred to FERC for resolution of the Dispute as to whether or not such matter is subject to the exclusive jurisdiction of FERC. Nothing contained in this Agreement shall be construed as precluding a Party from filing any answer, protest or other opposition to any FERC filing made by the other Party, unless expressly prohibited under the terms of this Agreement. Section 18.3. Arbitration.