Legal Standard – Settlement Agreements and the Public Interest Sample Clauses

Legal Standard – Settlement Agreements and the Public Interest. The legal system “favors the settlement of disputes by mutual agreement between the contending parties.” Ameristeel Corp. x. Xxxxx, 691 So.2d 473, 478 (Fla. 1997). This general rule applies equally to administrative proceedings within the context of utility rate cases. See Section 120.57(4), Florida Statutes (“Unless precluded by law, informal disposition may be made of any proceeding by stipulation, agreed settlement, or consent order.”); In re Petition for rate increase by Florida Power & Light Company, Docket No. 20160021-EI, Order No. PSC-16- 0560-AS-EI, (F.P.S.C. Dec. 15, 2016). The Commission has a “long history of encouraging settlements, giving great weight and deference to settlements, and enforcing them in the spirit in which they were reached by the parties.” In re Florida Power & Light Company, Docket No. 050045-EI, Order No. PSC-05-0902-S-EI at 6 (F.P.S.C. Sept. 14, 2005). The Florida Supreme Court has recognized that the legal standard for the Commission’s approval of a rate case settlement is whether the specific settlement agreement at issue, taken as a whole, establishes rates that are fair, just, and reasonable, and that the agreement is in the public interest. See Sierra Club x. Xxxxx, 243 So.3d 903, 909 (Fla. 2018) and Order No. PSC-16-0560- AS-EI at 4 (“A determination of public interest requires a case-specific analysis based on consideration of the proposed settlement taken as a whole.”). That same Court found that approval of settlement agreements on the basis of the public interest is proper under the law and does not represent a deviation from the Commission’s statutory mandates. See Brown, 243 So.3d at 910 (“[T]he Commission’s standard for reviewing settlement agreements is the public interest standard; and it is neither a departure from the essential requirements of law nor a usurpation of legislative authority for the Commission to invoke its proper standard when no law precludes settlement.”).
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Related to Legal Standard – Settlement Agreements and the Public Interest

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  • FAILURE TO HONOUR SETTLEMENT AGREEMENT 32. If this Settlement Agreement is accepted by the Hearing Panel and, at any subsequent time, the Respondent fails to honour any of the Terms of Settlement set out herein, Staff reserves the right to bring proceedings under section 24.3 of the By-laws of the MFDA against the Respondent based on, but not limited to, the facts set out in Part IV of the Settlement Agreement, as well as the breach of the Settlement Agreement. If such additional enforcement action is taken, the Respondent agrees that the proceeding(s) may be heard and determined by a hearing panel comprised of all or some of the same members of the hearing panel that accepted the Settlement Agreement, if available.

  • PROVISIONS OF THIS AGREEMENT APPLICABLE ALLOTTEE/ SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the said Apartment/ Plot and the Project shall equally be applicable to and enforceable against and by any subsequent Allottee of the Apartment/ Plot, in case of a transfer, as the said obligations go along with the Apartment/ Plot for all intents and purposes.

  • PROVISIONS OF THIS AGREEMENT APPLICABLE ON ALLOTTEE / SUBSEQUENT ALLOTTEES It is clearly understood and so agreed by and between the Parties hereto that all the provisions contained herein and the obligations arising hereunder in respect of the Project shall equally be applicable to and enforceable against any subsequent Allottees of the [Apartment/Plot], in case of a transfer, as the said obligations go along with the [Apartment/Plot] for all intents and purposes.

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  • Online Banking Transactions At the present time, you may use Online Banking to: • Transfer funds between your savings, checking, and Club accounts. • Withdraw funds from your savings, checking, and Club accounts. • Make loan payments from your savings, checking and Club accounts. • Obtain account balance and transaction history on your savings, checking, and Club accounts. • Obtain information on your loan account balance, transaction history, payment due dates, loan payoff amounts and finance charges. • Review available copies of eStatements and tax information. • Make bill payments from your checking account using the Bill Pay service. Transactions involving your savings and checking accounts will be subject to the terms of your Membership and Account Agreement. Transactions involving your loan accounts will be subject to your applicable Loan Agreement and Disclosures.

  • Mobile Banking Transactions At the present time, you may use Mobile Banking to: • Transfer funds between your savings, checking, and Club accounts. • Make loan payments from your savings, checking, and Club accounts. • Obtain account balance and transaction history on your savings, checking, and Club accounts. • Obtain information on your loan account balance, transaction history, payment due dates, loan payoff amounts and finance charges. • Make xxxx payments from your savings or checking account using the Mobile Xxxx Xxxxx service . When you register for Mobile Banking, designated accounts and payees (or billers) linked to your account through Online Banking will be accessible through the Mobile Banking service.

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