FERC Acceptance. With respect to Aany notice of termination given pursuant to this Article X, Section must be filed at the FERC and shall become effective when the FERC accepts the termination for filing.the ISO must file a timely notice of termination with FERC. This Agreement shall terminate upon acceptance by FERC of such a notice of termination.
FERC Acceptance. The effectiveness of this Agreement shall be subject to acceptance by FERC of the terms and conditions hereunder. If FERC does not accept this Agreement, or conditions acceptance of this Agreement, the Parties shall negotiate in good faith to develop an alternate arrangement (including appropriate modifications to this Agreement) that will accomplish the purpose and intent of this Agreement in a manner acceptable to FERC. The effectiveness of the termination of this Agreement shall be subject to acceptance by FERC, if and to the extent required.
FERC Acceptance. On the Effective Date, Seller shall provide to Buyer forms of the Section 205 applications to be filed with FERC with respect to this Agreement and Seller’s OATT (including in each case supporting testimony and cost-of-service support) for review and comment. Within ten (10) Business Days of the Effective Date, Buyer shall provide comments to Seller on the same. Seller shall finalize the filings, giving due consideration to Xxxxx’s comments and, within twenty (20) Business Days of the Effective Date, the Parties will hold a joint pre-filing conference with FERC Staff (to the extent FERC agrees to the same). Promptly thereafter, Seller shall file this Agreement and Seller’s OATT and supporting documents for each with FERC pursuant to the requirements of Section 205 of the Federal Power Act after giving due consideration of FERC Staff’s comments, if any, based on the pre-hearing conference, if any. In its filings with FERC, Seller shall request in Seller’s as-filed OATT a stated rate for network transmission service of not more than $1.75 per kW-month and scheduling service of not more than $0.08 per kW-month (the “Transmission Rates”). After such filing, Seller shall diligently pursue acceptance or approval of this Agreement and Seller’s OATT by FERC effective as of the Commencement Date, and shall keep Buyer informed of the progress in such regard. If requested by Xxxxxx, Buyer shall undertake Commercially Reasonable Efforts to cooperate with and assist Seller in Seller’s efforts to make this Agreement and Seller’s OATT effective as of the Commencement Date, and secure the support of the LSEs in obtaining such outcome. Upon Seller’s request, Buyer shall make a timely submittal at FERC affirmatively supporting the acceptance or approval of this Agreement and Seller’s OATT (including the Transmission Rates) by FERC without modification, suspension, investigation, or other condition. To the extent FERC requires modifications to this Agreement that are mutually acceptable to Seller and Buyer, the Parties shall promptly execute an amendment to this Agreement that implements such modifications. During the Rate Freeze, Seller shall not seek any increase of the stated network transmission rate or scheduling service rate that would result in the sum of such rates exceeding the sum of the Transmission Rates.
FERC Acceptance. With respect to any notice of termination given pursuant to this Article X, the ISO must file a timely notice of termination with FERC. The filing of the notice of termination by the ISO will be considered timely if: (1) the request to file a notice of termination is made after the preconditions for termination have been met, and (2) the ISO files the notice of termination within 30 days of receipt of such request. This Agreement shall terminate upon acceptance by FERC of such a notice of termination.
FERC Acceptance. In the event the Commission materially modifies or conditions this Agreement, the parties shall attempt to agree within twenty (20) days of the Commission’s order with respect to how to accommodate any such material modification or condition. In the event no such agreement is reached by the parties within the specified time period, and such period is not extended by the parties, any Joint Party that considers itself aggrieved by the material condition or modification imposed by the Commission may terminate its participation in this Agreement upon written notice to the other parties. In the event one or more Joint Parties terminates its participation in this Agreement as contemplated herein this Section 13, MISO shall promptly make any appropriate filings at FERC to terminate such Joint Party’s participation in this Agreement and/or any proceedings related thereto. Nothing in this Agreement restricts in any way any party’s rights under Section 206 of the Federal Power Act.
