Mobile Gas Services Corp. 000 X.X. 000 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956) (the “Mobile Sierra” doctrine).
Mobile Gas Services Corp. 000 X.X. 000 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956) (the “Mobile Sierra” doctrine). Nothing in this Agreement shall be construed as making any of the Sponsoring Parties other than the Authority and the Company parties to this Agreement or as limiting the Company’s unilateral right to file to amend the rate or non-rate provisions of either Part IV of the NYISO OATT or the Retail Tariff applicable to deliveries of New Allocations of Expansion Power. Niagara Mohawk Power Corporation d/b/a National Grid By Date Attest. Accepted: Power Authority of the State of New York By Date Attest. APPLICATION FOR ELECTRIC AND RESALE AGREEMENT EXHIBIT I SCHEDULE A TRANSMISSION, DELIVERY AND CUSTOMER SERVICE CHARGE FOR EXISTING AND ADDITIONAL ALLOCATIONS OF EXPANSION POWER
Mobile Gas Services Corp. 000 X.X. 000 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956) (the “Mobile Sierra” doctrine). Nothing contained in this Agreement shall be construed as making any of the Sponsoring Parties other than the Authority and the Contractor parties to this Agreement or as affecting in any way Contractor’s right to unilaterally make application to the FERC for a change in rates, terms and conditions, charges, classification of service, Service Agreement, rule or regulation under Section 205 of the Federal Power Act, and pursuant to the Commission’s rules and regulations promulgated thereunder, with respect to Part IV of the NYISO OATT or the provisions of Contractor’s Retail Tariff applicable to deliveries of New Allocations of replacement power. Power Authority of the State of New York 00 Xxxxx Xxxxx Xxxxxx, 00xx Xxxxx XXXXXX, XX 00000 By: Name: Title: Niagara Mohawk Power Corporation d/b/a National Grid 000 Xxxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxx Xxxx 00000 By: Name: Title: EXHIBIT A GENERAL POWER CONTRACT PROVISIONS A. Characteristics of Power and Energy. Electric energy supplied hereunder will be three-phase, alternating current, at a nominal frequency of sixty (60) cycles per second.
Mobile Gas Services Corp. 000 X.X. 000 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) and clarified by Xxxxxx Xxxxxxx Capital Group, Inc. v. Public Utility District No. 1 of Snohomish, 000 X.X. 000 (2008) and NRG Power Marketing, LLC v. Maine Public Utility Commission, 000 X.X. 000 (2010) (the “Mobile-Sierra” doctrine).
Mobile Gas Services Corp. 000 X.X. 000 (1956), and Federal Power Commission v.
Mobile Gas Services Corp. 350 U.S. 322 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 345 (1956) (the “Mobile Sierra” doctrine).
Mobile Gas Services Corp. 17 United Gas Pipe Line Company agreed to sell natural gas under a long-term contract at a rate substantially lower than its normal price. The buyer, in turn, entered into a separate contract to resell the gas at a rate just slightly higher than that set in its contract with United. During the term of the contract, however, United asked the Commission to set a new and higher rate that would be consistent with United’s other rates. The Commission approved the new rate over the buyer’s objections. The Supreme Court reversed. The Court distinguished common carrier regimes such as ‘‘the Interstate Commerce Act, which in effect precludes private rate agreements by its requirement that the rates to all shippers be uniform.’’18 The Natural Gas Act, in contrast, ‘‘permits the relations between the parties to be established initially by contract,’’19 and ‘‘evinces no purpose to abrogate private rate contracts as such.’’20 Because the NGA ‘‘purports neither to grant nor to define the initial rate-setting powers of natural gas compa- xxxx,’’21 the Court found ‘‘that, except as specifically limited by the Act, the rate-making powers of . . . companies were to be no different from those they would possess in the absence of the Act,’’ including the power ‘‘to fix by contract, and change only by mutual agreement, the rate agreed upon with a particular customer.’’22 Under this scheme, the Commission simply has no authority to permit a party to renege on its contractual bargain. The Court observed that, ‘‘[b]y preserving the integrity of contracts, [the Act] permits the stability of supply arrangements which all agree is essential to the health of the natural gas industry.’’23 At the same time, ‘‘the contracts remain 17 350 U.S. 332 (1956) (‘‘Mobile’’). 18 Id. at 338. 19 Id. at 339. 20 Id. at 338. 21 Id. at 341. 22 Id. at 343. 23 Id. at 344. 289 fully subject to the paramount power of the Commission to modify them when necessary in the public interest.’’24 By retaining this governmental oversight, the statute ‘‘affords a reasonable accommo- dation between the conflicting interests of contract stability on the one hand and public regulation on the other.’’25 The very same day, the Court issued FPC v. Sierra Pacific Power Co.,26 which addressed similar issues in the context of the FPA. In Sierra, a seller, Pacific Gas and Electric Company (PG&E), had voluntarily agreed to make long-term sales at a ‘‘special low rate’’27 to dissuade one of its customers from seeking out alter...
Mobile Gas Services Corp. 350 U.S. 332 (1956), Federal Power Commission
Mobile Gas Services Corp. 000 X.X. 000 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956) (the “Mobile Sierra” doctrine). Nothing contained in this Agreement shall be construed as making any of the Sponsoring Parties other than the Authority and the Contractor parties to this Agreement or as affecting in any way Contractor’s right to unilaterally make application to the FERC for a change in rates, terms and conditions, charges, classification of service, Service Agreement, rule or regulation under Section 205 of the Federal Power Act, and pursuant to the Commission’s rules and regulations promulgated the following shall apply:
