Common use of FERC Jurisdiction Over Certain Disputes Clause in Contracts

FERC Jurisdiction Over Certain Disputes. Nothing in this Agreement shall preclude any Party from filing a petition or complaint with FERC with respect to any arbitrable claim over which FERC has jurisdiction. In such case, the other Party may request FERC to reject or to waive jurisdiction. If FERC rejects or waives jurisdiction with respect to all or a portion of the claim, the portion of the claim not so accepted by FERC shall be resolved through arbitration, as provided in this Agreement. To the extent that FERC asserts or accepts jurisdiction over the claim, the decision, findings of fact, or order of FERC shall be final and binding, subject to judicial review under the Federal Power Act, and any arbitration proceedings that may have commenced prior to the assertion or acceptance of jurisdiction by FERC shall be stayed, pending the outcome of the FERC proceedings. An arbitration panel shall have no authority to modify, and shall be conclusively bound by, any decision, finding of fact, or order of FERC. However, to the extent that a decision, finding of fact, or order of FERC does not provide a final or complete remedy to the Party seeking relief, such Party may proceed to arbitration to secure such remedy, subject to the FERC decision, finding, or order.

FERC Jurisdiction Over Certain Disputes. Nothing in this Agreement shall be construed to preclude any Party from filing a an application, petition or complaint with FERC with respect to any arbitrable claim over which FERC has jurisdiction. In such case, the other Party Parties may request that FERC decline to reject adjudicate such application, petition or to waive jurisdictioncomplaint. If FERC rejects declines to adjudicate such application, petition or waives jurisdiction complaint with respect to all or part of a portion of the claim, the portion of the claim not so accepted by FERC shall may be resolved through arbitration, as provided in this AgreementArticle XXIX. To the extent that FERC asserts or accepts jurisdiction over the all or part of a claim, the decisiondecisions, findings of fact, or order orders of FERC shall be final and binding, subject to judicial review under the Federal Power Act, and any arbitration proceedings that may have commenced prior to the assertion or acceptance of jurisdiction by FERC shall be stayed, pending the outcome of the FERC proceedings. An arbitration panel The arbitrator shall have no authority to modify, and shall be conclusively bound by, any decisiondecisions, finding findings of fact, or order orders of FERC. However; provided, however, that to the extent that a decisionany decisions, finding findings of fact, or order orders of FERC does do not provide a final or complete remedy to the Party seeking relief, such Party may proceed to arbitration under this Article XXIX to secure such a remedy, subject to the any FERC decisiondecisions, findingfindings, or orderorders.

FERC Jurisdiction Over Certain Disputes. Nothing in this Agreement shall preclude any Party from filing a petition or complaint with FERC with respect to any arbitrable claim over which FERC has jurisdiction. In such case, the other Party may request FERC to reject or to waive jurisdiction. If FERC rejects or waives jurisdiction with respect to all or a portion of the claim, the portion of the claim not so accepted by FERC shall be resolved through arbitration, as provided in this Agreement. To the extent that FERC asserts or accepts jurisdiction over the claim, the decision, findings of fact, or order of FERC shall be final and binding, subject to judicial review under the Federal Power Act, and any arbitration proceedings that may have commenced prior to the assertion or acceptance of jurisdiction by FERC shall be stayed, pending the outcome of the FERC proceedings. An arbitration panel shall have no authority to modify, and shall be conclusively bound by, any decision, finding of fact, or order of FERC. However, to the extent that a decision, finding of fact, or order of FERC does not provide a final or complete remedy to the Party seeking relief, such Party may proceed to arbitration to secure such remedy, subject to the FERC decision, finding, or order.of