FERC Compliance. The Parties intend that the transactions hereunder qualify for the waiver of the FERC prohibition on tying and bidding requirements for capacity releases made as part of state-approved retail access programs contemplated by FERC Orders 712, 712-A and 712-B.
FERC Compliance. Except as disclosed on Schedule 6.28, the Parent, the Borrowers and each of their Subsidiaries, is in compliance in all material respects with the terms and conditions of all orders issued by FERC applicable to Parent, the Borrowers and their Subsidiaries.
FERC Compliance. The Companies are, and since January 1, 2009 have been, in compliance (i) with the applicable provisions of the Interstate Commerce Act and (ii) with all applicable rules, regulations, orders, certificates and tariffs of the FERC and any state public utility commission having jurisdiction over any of the Companies’ businesses, operations or assets. Each Company has duly filed all material tariffs, forms and reports required to be filed by or with respect to such Company with the FERC and any state public utility commission having jurisdiction over any of the Companies’ businesses, operations or assets and such material forms and reports have been prepared in accordance with applicable Laws, except as would not, individually or in the aggregate, have a Material Adverse Effect. As of the date hereof, to the Knowledge of Contributor, there are no investigations or audits by the FERC or any state utility commission related to the Companies’ businesses, operations, assets, rates, tariffs or services that are (i) pending, (ii) threatened in writing prior to the Original Purchase Closing Date or (iii) threatened on or after the Original Purchase Closing Date.
FERC Compliance. (a) On February 23, 2001 in Docket Nos. CP00-61, CP00-62 and XX00-00, Xxxxxxx Xxx Xxxx Oil and Gas Company LLC, 94 FERC ¶61,194 (2001), CNYOG was granted a certificate of public convenience and necessity authorizing it to construct and operate the Phase I Facilities, which are subject to FERC’s jurisdiction. In the same certificate order, CNYOG was authorized to charge market based rates, subject to certain conditions specified therein.
FERC Compliance. Except as disclosed on Schedule 6.31, the Borrower and each of its Subsidiaries, is in compliance in all material respects with the terms and conditions of all orders issued by FERC applicable to Borrower and its Subsidiaries.
FERC Compliance. This entire Agreement is effective immediately but District funding and/or implementation of measures herein shall be contingent upon FERC approval and the issuance of a Second License to the District for the operation of the Xxxxx Hydroelectric Project. The City shall support the District’s application for a new 50-year license, refrain from seeking additional measures associated with the relicensing of the Xxxxx Project, and ensure that all documents filed with FERC or any other agency or forum are consistent with this Agreement. Nothing in this agreement shall prohibit the City from advocating for new or additional measures during the term of the Second License. This Agreement shall be effective throughout the term of a Second License and the City shall not remove any of the park facilities or shut down the parks during that period. In the event the FERC does not approve or issue such a license, this entire Agreement shall be null and void and the District shall be excused from performance hereunder.
FERC Compliance. This entire agreement is effective immediately but District funding and/or implementation of measures herein shall be contingent upon FERC approval and the issuance of a new license to the District for the operation of the Xxxxx Hydroelectric Project. The City shall support the application for a new license, refrain from seeking additional measures associated with the relicensing of the Xxxxx Project, and ensure that all documents filed with FERC or any other agency or forum are consistent with this agreement. This agreement shall be effective throughout the term of a new license and the City shall not remove any of the park facilities or shutdown the park during that period. In the event the FERC does not approve or issue such a license, this entire agreement shall be null and void and the District shall be excused from performance hereunder.
FERC Compliance. Comply and cause each Project Company to comply in all material respects with the FERC Orders and each applicable requirement imposed by FERC on parties with market-based rate authority and any requirements relating to each Project Company’s status as an EWG.
FERC Compliance. (a) The Company has certificates issued by the FERC under Section 7(c) of the Natural Gas Act and 18 C.F.R. Parts 157 and 284 to operate the Storage Facility in interstate commerce, to provide both individually certificated and open-access storage services in interstate commerce to the full working storage capacity of the Storage Facility, to make unbundled sales of gas out of storage at market-based rates in accordance with 18 C.F.R. Part 284, Subpart J, and to construct, acquire and abandon facilities subject to the FERC’s jurisdiction in accordance with the requirements of 18 C.F.R. Part 157, Subpart F.
FERC Compliance. (a) The Company and each Company Subsidiary holds all determinations, certifications, tariffs, authorizations, consents, orders and approvals (collectively, “FERC Approvals”) from the FERC necessary or appropriate for the ownership of its properties and the conduct of its business as presently conducted. All such FERC Approvals are in full force and effect, and the Company and Company Subsidiaries are in compliance with the terms thereof except for instances of noncompliance that, individually and in the aggregate, have not had, and are not reasonably likely to have, a Company Material Adverse Effect. There are no inquiries, investigations, proceedings or appeals pending for the amendment, termination or revocation of any FERC Approval or for the determination of compliance or noncompliance therewith. All information filed or provided by the Company or any Company Subsidiary in any prior or pending investigation, inquiry or proceeding before the FERC was true, correct and complete in all material respects. Neither the Company nor any Company Subsidiary has violated or failed to comply with the Power Act or the rules or regulations thereunder, and neither the Company nor any Company Subsidiary has received any written communication alleging that the Company or a Company Subsidiary is not in compliance with the Power Act or the rules or regulations thereunder except for instances that, individually and in the aggregate, have not had, and are not reasonably likely to have, a Company Material Adverse Effect. Neither the Company nor any Company Subsidiary is involved, as a party or otherwise, in any pending FERC proceeding, inquiry, appeal or investigation.
