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. 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. (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.
(b) Marketing has authority to charge market based rates pursuant to FERC’s Blanket Sales Certificate regulations and orders and has complied with the conditions imposed by such regulations and orders. Regulations Governing Blanket Marketer Sales Certificates, Order Xx. 000, 00 XX 00000 (Nov. 30, 1992), FERC Stats. & Regs., [Regs. Pmbls.], 1991-1996 ¶ 30,957 (1992); order on reh’g and clarification, 62 FERC ¶ 61,239 (1993); Amendments to Blanket Sales Certificates, Order No. 644, 68 Fed. Reg. 66,323 (Nov. 26, 2003), III FERC Stats. & Regs. [Regs. Pmbls.] ¶ 31,153 (2003) (codified at 18 C.F.R. §§ 284.401-403).
(c) Except as set forth in Schedule 5.26(c), the Companies have met all applicable regulatory and certificate conditions (including the filing of all quarterly and annual reports) and have complied with and made all necessary reportings and filings:
(i) to construct and operate a natural gas storage facility subject to FERC jurisdiction; and (ii) to maintain market-based rate authority. To Stagecoach I’s or Stagecoach Energy’s Knowledge, there are no outstanding Actions pending, nor have there been any Actions during the last three years, that (i) challenged CNYOG’s certificate of authority to construct or operate the Phase I Facilities, (ii) challenged CNYOG’s tariff, rates or terms and conditions of service or Marketing’s contracts, (iii) challenged the Companies’ market based rate authority or sought to impose conditions or restrictions on the Companies’ market-based rate authority or (iv) otherwise alleged any violation or violations of any regulations related to the reporting, ownership or operation of CNYOG’s facilities. No submissions, filings or notifications with FERC are required by the Sellers, the Companies or the Purchasers as a result of the execution of this Agreement or the consummation of the transactions contemplated by this Agreement.
(d) Except as set forth in Schedule 5.26(d), neither Company has any outstanding obligations owed to customers or other Persons relating to any refund (rate, insurance ...
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. 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 the Companies, there are no pending or threatened in writing investigations or audits by the FERC or any state utility commission related to the Companies’ businesses, operations, assets, rates, tariffs or services.
FERC Compliance. The Company shall take all actions necessary to comply in all material respects with those requirements of FERC that apply to the Company, to the Elk Hills Power Plant, to the maintenance of QF Status in respect of the Elk Hills Power Plant, and to the preservation of all of the exemptions from regulation set forth in 18 C.F.R. Part 292 Subpart F, such that the Elk Hills Power Plant shall comply at all times with the requirements set forth in 18 C.F.R. § 292.205, in each case, to the extent such requirements are applicable as of the Execution Date and shall use commercially reasonable efforts to comply with any applicable successor regulations. The Company shall maintain in full force and effect its “market-based rate” authority (as that term is used under 18 C.F.R Part 35 Subpart H) without any “mitigation” (as that term is used under 18 C.F.R. § 35.38) to the extent such requirements are applicable as of the Execution Date and shall use commercially reasonable efforts to comply with any applicable successor regulations. The Company shall promptly cooperate with the Class B Representative with respect to all affiliate and reporting information to which any “affiliate” of the holders of the Class B Preferred Units that is also an “affiliate” of the Company (as the term “affiliate” is defined by FERC under 18 C.F.R. Part 35 Subpart H) is subject. The Company shall comply in all material respects with the electric reliability and other requirements applicable to the Company and the Elk Hills Power Plant under 18 C.F.R. Part 40 to the extent such requirements are applicable as of the Execution Date and shall use commercially reasonable efforts to comply in all material respects with respect to any applicable successor regulations. Each Member shall provide to the Company, and the Company shall provide to all Members, the FERC “Appendix B” listing of each Member’s affiliates (as the term “affiliate” is defined by FERC under 18 C.F.R. Part 35 Subpart H), promptly whenever any change to such Member’s or the Company’s “Appendix B” becomes known to such Member or to the Company, as applicable. The Company shall immediately notify the Class B Representative of any fact, circumstance, or event that would reasonably be expected to cause the Elk Hills Power Plant to cease to comply with any material requirement of FERC applicable to such QF Status, in addition to complying with any other notice or disclosure requirement set forth in this Agreement. The Company shall p...
FERC Compliance. (a) The Company meets, and at all times during the three (3)-year period ending on the Closing Date has met, all material applicable regulatory conditions relating to FERC.
(b) The Company has at all times had in place the proper policies to comply with all applicable requirements relating to FERC, and has caused each of its Representatives, as applicable, to be trained to comply with such requirements.
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.
