Common use of Market Based Rate Authority Clause in Contracts

Market Based Rate Authority. Seller shall, upon the request of Buyer, submit a letter of concurrence in the form attached hereto as Appendix C indicating that this Transaction does not intend to transfer “ownership or control of generation capacity” from Seller to Buyer as the term “ownership or control of generation capacity” is used in 18 CFR § 35.42, as in effect on the date of this Confirmation.