Gladstone Protest Sample Clauses

Gladstone Protest. Xxxxxxxxx states that the Commission should reject the Facilities Study Agreement. Xxxxxxxxx explains that it executed the Facilities Study Agreement under protest so that its project would not be withdrawn from Tri-State’s interconnection queue. 11 Id. (citing Tri-State OATT, Attach. N., app. 4). 12 Id. 13 Id. (citing 18 C.F.R. § 35.3(a)(2) (2019); Prior Notice and Filing Requirements Under Part II of the Federal Power Act, 64 FERC ¶ 61,139, at 61,984, reh’g denied, 65 FERC ¶ 61,081 (1993)). Xxxxxxxxx argues that Tri-State has not demonstrated a legitimate need for a system impact re-study for Xxxxxxxxx’s interconnection request, and therefore Xxxxxxxxx does not agree with the reference to the system impact re-study in the recitals and section 4 of the Facilities Study Agreement. Xxxxxxxxx also alleges that Tri-State has not demonstrated that good cause exists to grant waiver of the Commission’s prior notice requirement.14 Xxxxxxxxx explains the history of its interconnection request in Tri-State’s interconnection queue. Xxxxxxxxx states that the initial cost of the proposed interconnection facilities and network upgrades identified in Tri-State’s April 9, 2018 final system impact study report was $31.7 million. Xxxxxxxxx states that it disputed the cost in a letter dated April 19, 2018, and thereafter exercised its right under Tri-State’s former GIP to defer executing a Facilities Study Agreement for up to 18 months.15 Gladstone states that on June 24, 2019, it sent Tri-State a notice to proceed with the interconnection facilities study and requested that Tri-State take its interconnection request out of deferral. Gladstone states that it explained to Tri-State that it had provided sufficient security to Tri-State according to section 8.1 of Tri-State’s pro forma LGIP, which Gladstone states Tri-State represented to the Commission that it was following for reciprocity purposes.16 Gladstone states that it requested again that Tri-State proceed with the facilities study on July 31, 2019, September 3, 2019, and September 10, 2019.17 Xxxxxxxxx argues that, upon exiting deferral, Tri-State required Gladstone to submit to a system impact re-study, a condition that Gladstone alleges was entirely absent from Tri-State’s former GIP.18 Gladstone states that Tri-State issued the results of its system impact re-study on January 7, 2020. According to Xxxxxxxxx, Tri-State’s report found for the first time that Xxxxxxxxx’s interconnection request was studied with one h...
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