FILING RIGHTS. 6.1 This Implementation Agreement does not address (1) Ravenswood’s legal authority, if any, to have its own rate schedule on file under FPA Section 205 to provide Fuel Oil Burn for G.2, i.e., burn Fuel Oil in lieu of natural gas in furtherance of Rule G.2, or (2) Ravenswood’s obligation, if any, to provide Fuel Oil Burn for G.2 and to be compensated for doing so, pursuant to an unexecuted Implementation Agreement under Section 4.1.9 of its Services Tariff. These issues are contested and unresolved, however, the Parties agree that the Commission can and should accept this Implementation Agreement without addressing them.
FILING RIGHTS. 6.1 No Party will make a Section 205 filing or a Section 206 filing seeking to amend the terms of this Implementation Agreement, or seeking a rate or a revised rate to compensate Helix for construction of a new fuel oil storage tank in order to accommodate the conversion of the Ravenswood Generating Station to fire No. 4 fuel oil in lieu of No. 6 fuel oil during the term of this Implementation Agreement, unless the Parties, by mutual consent, agree to modify the terms and conditions of this Implementation Agreement. This Implementation Agreement has been negotiated at arm’s-length by Parties of equal bargaining power, and it is the intent of the Parties that this Implementation Agreement is subject to the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956) (“Mobile Sierra doctrine”) to the full extent legally permissible and SERVICE AGREEMENT NO. 2575 as interpreted in Xxxxxx Xxxxxxx Capital Group Inc. v. Pub. Xxxx Xxxxxxxx Xx. 0, 000 X. Xx. 2733 (2008), NRG Power Marketing LLC v. Me. Pub. Utils, Comm’n, 000 X. Xx. 000 (2010) and Dominion Transmission Inc. v. FERC, 533 F.3d 845 (D.C. Cir. 2008).
FILING RIGHTS. Nothing in this Section 31.5.7 will convey, expand, limit or otherwise alter any rights of ISO-NE, the ISO, PJM, each region’s transmission owners, market participants, or other entities to submit filings under Section 205 of the Federal Power Act regarding interregional cost allocation or any other matter. Where applicable, the regions have been authorized by entities that have cost allocation rights for their respective regions to implement the provisions of this Section 31.5.7.
FILING RIGHTS. Except as expressly set forth in the following paragraph, nothing contained in this Settlement Agreement shall be construed as: (a) affecting in any way PJM’s right unilaterally to make application to the FERC for a change in rates, terms and conditions under section 205 of the Federal Power Act; or (b) restricting any rights of the other parties under the Federal Power Act, including rights under section 206. For a period of six (6) years from the effective date of the attached revisions to Attachment M, if any party to the Commission proceedings in Docket Nos. EL07-56 or EL07-58, Xx. Xxxxxxx, or the company established by Xx. Xxxxxxx petitions the Commission for a change to Attachment M or Section 18.17.4 of the PJM Operating Agreement (including Schedules 10 and 10A), such change shall, in the absence of agreement of all such entities, be governed by the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956), and FPC v. Sierra Pacific Power Co., 350 U.S. 348 (1956). The foregoing protection shall include the standards and processes set forth in Section III.F of Attachment M at the end of the initial contract term. Notwithstanding the foregoing, if the Commission issues a final rule in Docket No. RM07-19 (or in any other rulemaking proceeding affecting market monitoring) that requires a change to Attachment M or Section 18.17.4 of the PJM Operating Agreement, PJM shall not be precluded by this Settlement Agreement from submitting a compliance filing effecting such change, provided, however, that any such filing shall be limited solely to changes required by the Commission, not discretionary changes made on behalf of PJM or any other person or entity.
FILING RIGHTS. Nothing contained in this Settlement Agreement shall be construed as affecting in any way PJM’s right unilaterally to make an application to the FERC for a change in rates, terms or conditions of service under section 205 of the Federal Power Act, or as affecting in any way (except as set forth in Section 3.4) any participant’s right to comment upon or protest any such application. Nor shall anything contained in this Settlement Agreement (except as set forth in Section 3.4) be construed as affecting in any way any participant’s rights to submit filings to FERC under section 206 of the Federal Power Act concerning such rates, terms or conditions of service.
FILING RIGHTS. Provided the Settlement becomes effective in accordance with Article III of this Settlement, the Settling Parties agree to refrain from making any filings pursuant to section 205 or 206 of the FPA to modify the Settlement Rates for a period of two years following the Settlement Effective Date (“Keep-Out Period”). After the Keep-Out Period, nothing contained in this Settlement shall be construed as affecting in any way PJM’s right unilaterally to make an application to the FERC for a prospective change in rates, terms or conditions of service under section 205 of the FPA, or as affecting in any way any Settling Party’s right to comment upon or protest any such application. Any such section 205 application shall not propose any modification to the rates, terms, or conditions of Black Start Service provided during the Keep-Out Period. After the Keep-Out Period, nothing contained in this Settlement will be construed as affecting in any way any Settling Party’s rights to unilaterally submit filings to FERC under section 206 of the FPA seeking a prospective change in concerning PJM’s rates, terms or conditions of service.
