Foreword The changes to the United Kingdom’s (UK) competition law system, introduced under the Enterprise and Regulatory Reform Act 2013 and in force since April 2014, are designed to improve the effectiveness of competition law enforcement in this country. The Competition and Markets Authority (CMA) has competition law powers which apply across the whole economy. Sectoral regulators such as the Water Services Regulation Authority (Ofwat) may exercise the competition law powers to enforce the prohibitions on anti-competitive agreements and on abuse of a dominant position, and to make market investigation references, concurrently with the CMA in those sectors for which they have responsibility. The Enterprise and Regulatory Reform Act 2013 introduced a number of changes to improve the working of concurrency and enable closer working between the CMA and sectoral regulators. The CMA and the sectoral regulators have demonstrated their commitment to making the concurrency framework more effective through the establishment of the UK Competition Network (UKCN). This represents an enhanced forum for cooperation which will enable closer working with the objective of more consistent and effective use of competition powers across all sectors. In their statement of intent in December 2013, the members of the UKCN affirmed: ‘The mission of the UKCN will be to promote competition for the benefit of consumers and to prevent anti-competitive behaviour both through facilitating use of competition powers and development of pro-competitive regulatory frameworks, as appropriate.’1 This memorandum of understanding (MoU) represents a further stage in the process of cooperation between the CMA and the regulators, setting out more practical detail on how the CMA and Xxxxx will work together within the framework of competition law.2 The main purpose of this MoU is to establish an understanding between the CMA and Ofwat as to how this closer working will work in practice. It draws on the legislation which sets out the formal framework for how concurrency will operate and also, importantly, sets out our bilateral commitment to look for opportunities to work 1 UKCN (2013), Statement of Intent. 2 This MoU does not relate to ‘regulatory appeals’ – that is, the separate role that the CMA has in considering appeals against, or references relating to, proposed direct regulatory action by Ofwat under the sectoral statutes. This is a separate role, to be undertaken by the CMA panel, and the CMA is committed to ensuring that its cooperation with Ofwat – whether under this MoU (and under comparable MoU agreed with other sectoral regulators), through the UKCN, or otherwise in connection with their concurrent powers – will not impair the impartiality and fairness of the CMA’s conduct of such regulatory appeals (or indeed of market or merger investigations undertaken by the CMA panel). together, including within the framework of the UKCN, to promote competition for the benefit of consumers. We shall do this by the sharing of expertise, information, ideas and experience and each of us will commit to doing this efficiently and with a mutual regard for each other’s statutory position and strategic objectives. Water and sewerage markets are in the process of liberalisation, with the aim of fostering more competitive markets for the benefit of current and future customers. As markets evolve, competition enforcement under the Competition Act 1998 and review of markets under the Enterprise Act 2002 will be increasingly important tools to enable the development of effective competition in the sector. We believe that this MoU offers a valuable basis for that cooperation, in the interests of the CMA, Ofwat, the water and sewerage industry in England and Wales and, most importantly of all, the consumers.
Scaling “Scaling,” as used herein, involves:
Packing 3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract.
3.9.2 The packing, marking, and documentation within and outside the packages shall comply strictly with such special requirements as shall be expressly provided for in the Contract
Use of Volunteers The School covenants and represents that all volunteers it allows access to its students or the Facility will comply with state regulations regarding the use of volunteers set out in Section 6.50.18
Progressive Discipline Both parties endorse the principle of progressive discipline as applied to professionals.
Check Meters Developer, at its option and expense, may install and operate, on its premises and on its side of the Point of Interconnection, one or more check meters to check Connecting Transmission Owner’s meters. Such check meters shall be for check purposes only and shall not be used for the measurement of power flows for purposes of this Agreement, except as provided in Article 7.4 below. The check meters shall be subject at all reasonable times to inspection and examination by Connecting Transmission Owner or its designee. The installation, operation and maintenance thereof shall be performed entirely by Developer in accordance with Good Utility Practice.
Bulk Migration 2.1.9.1 If Southern Telecom requests to migrate twenty-five (25) or more UNE- Port/Loop Combination (UNE-P) customers to UNE-Loop (UNE-L) in the same Central Office on the same due date, Southern Telecom must use the Bulk Migration process, which is described in the BellSouth CLEC Information Package, “UNE-Port/Loop Combination (UNE-P) to UNE-Loop (UNE-L) Bulk Migration.” This CLEC Information package, incorporated herein by reference as it may be amended from time to time, is located at xxx.xxxxxxxxxxxxxxx.xxxxxxxxx.xxx/xxxxxx/xxxx/xxxx.xxxx. The rates for the Bulk Migration process shall be the nonrecurring rates associated with the Loop type being requested on the Bulk Migration, as set forth in Exhibit A of this Attachment. Additionally, OSS charges will also apply per LSR generated per customer account as provided for in the Bulk Migration Request. The migration of loops from Integrated Digital Loop Carrier (IDLC) will be done pursuant to Section 2.6 of this Attachment.
Use of School Equipment The Association shall have the right to use school facilities and equipment for official Association business, including typewriters, duplicating equipment, computers and all types of audiovisual equipment at reasonable times and when such equipment is not otherwise in use, and shall provide advance notice of such use to the Superintendent of Schools. The Association shall pay for the cost of all materials and supplies.
Extra Trips a. Bus Drivers may be absent from driving part and/or all of their regular bus routes to take an extra trip. This will include Kindergarten route, shuttles, and noon Xxxxx Drivers. For Pay purposes the extra trip begins at the end of the driver's regular route.
b. Regular Drivers desiring to take trips shall sign up at first Bus Drivers' Meeting held either prior to or on the opening day of school. Any Driver may join or remove themselves from the list at any time. All extra trips (Educational and Athletic/Group) shall be posted on one (1) list.
c. Eligible Drivers shall be offered trips at a monthly field trip meeting on a seniority rotating basis. Between monthly meetings, trips shall be offered by phone or radio, on a seniority basis.
d. If a Driver cancels a trip they agreed to drive, the trip will be offered to the next driver (who does not have a trip assigned) on a seniority basis from the canceled trip list.
e. Drivers may not exchange trips.
f. Drivers taking a group trip which involves an admission price and/or parking fee shall be covered by the group sponsoring the trip.
g. In the event none of the eligible Drivers on the seniority rotation list are available to take a trip, the Drivers on the as-needed list will be asked. If no regular Drivers are available, then a Sub will be asked. If no Regular or Sub Drivers can take a trip, the Transportation Supervisor will appoint a Driver, starting with the least senior Driver on the DO WANT trips list.
h. The Board may use the radio to contact Drivers for trips. Drivers must make the decision to drive or not to drive the offered trip within two (2) hours.
i. If at all possible, the trips will be scheduled around two (2) weeks in advance.
j. If a Driver shows up for a trip, and has not been notified the trip has been canceled, or a coach/advisor transports students, the Driver will be paid for two (2) regular hours and the driver will not be charged for the trip.
k. If a Driver's trip date is changed, the scheduled Driver will stay on the trip. If the trip is canceled completely, the driver will be inserted next up the seniority rotation. The inserted driver shall not be taken out of rotation for forthcoming trips.
l. If an Athletic Trip is canceled mid-event, the driver will be paid for the actual number of hours on duty; if rescheduled, the rescheduled event will be a new trip on the rotation list and the driver will be paid for the actual number of hours on duty.
m. If a driver is on the insert list and already has a trip on the same day as a newly offered trip, the driver will stay on the insert list until a trip is offered for a day the driver is not already schedule to drive an extra trip.
n. Any driver who cancels an extra trip two (2) or more times in a given month shall be skipped in the next rotation.
o. Pay for extra trips will begin after the driver’s regular route time and will be at the driver’s regular rate of pay for up to two and one-half (2.5) hours for driver time and pre-trip. The remaining portion of the route will be at the Step 0 base rate.
p. Overnight trips shall be considered special trips with reimbursement determined on an individual basis.
q. Drivers on Leaves of Absences are not eligible for extra trips.
r. Drivers are not eligible for extra trips on days on which they have called in and are off.
Load Shedding The systematic reduction of system demand by temporarily decreasing Load in response to a transmission system or area Capacity shortage, system instability, or voltage control considerations under the ISO OATT. Local Furnishing Bonds. Tax-exempt bonds issued by a Transmission Owner under an agreement between the Transmission Owner and the New York State Energy Research and Development Authority (“NYSERDA”), or its successor, or by a Transmission Owner itself, and pursuant to Section 142(f) of the Internal Revenue Code, 26 U.S.C. § 142(f). Locality. A single LBMP Load Zone or set of adjacent LBMP Load Zones within one Transmission District within which a minimum level of Installed Capacity must be maintained. Local Reliability Rule. A Reliability Rule established by a Transmission Owner, and adopted by the NYSRC to meet specific reliability concerns in limited areas of the NYCA, including without limitation, special conditions and requirements applicable to nuclear plants and special requirements applicable to the New York City metropolitan area. Locational Based Marginal Pricing (“LBMP”). A pricing methodology under which the price of Energy at each location in the NYS Transmission System is equivalent to the cost to supply the next increment of Load at that location (i.e., the short-run marginal cost). The short-run marginal cost takes generation Bid Prices and the physical aspects of the NYS Transmission System into account. The short-run marginal cost also considers the impact of Out-of-Merit Generation (as measured by its Bid Price) resulting from the Congestion and Marginal Losses occurring on the NYS Transmission System which are associated with supplying an increment of Load. The term LBMP also means the price of Energy bought or sold in the LBMP Markets at a specific location.
