Exemption from Utility Regulation. The Seller shall not take any action that would cause the Seller to cease to be exempt, or omit to take any action necessary for the Seller to continue to be exempt, from regulation as a “public utility”, as defined in the UCA, with respect to the Seller’s Plant, the sale of Energy or Environmental Attributes, the transmission of Energy over the Third Party System to the POI, and the performance by the Seller of its obligations under this EPA.
Exemption from Utility Regulation. Neither the Seller nor the General Partner shall take any action that would cause the Seller or the General Partner to cease to be exempt, or omit to take any action necessary for the Seller or the General Partner to continue to be exempt, from regulation as a “public utility”, as defined in the UCA, with respect to the Seller’s Plant, the sale of Energy and the performance by the Seller of its obligations under this EPA if such designation as a “public utility” could reasonably be expected to have an adverse effect on the Buyer or its interests under this EPA.
