Common use of Mobile Sierra Clause in Contracts

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will seek, nor will they support any third party in seeking, to prospectively or retroactively revise the rates, terms, or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 26 contracts

Sources: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” application of the “just and reasonable” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956)) and clarified by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital Group Inc. v. Pub. Util.

Appears in 9 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 7 contracts

Sources: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement (GreenHunter Energy, Inc.), Renewable Power Purchase and Sale Agreement (Raser Technologies Inc)

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” application of the “just and reasonable” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 6 contracts

Sources: Power Purchase Agreement (Ormat Technologies, Inc.), Renewable Power Purchase Agreement, Renewable Power Purchase Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will may seek, nor will they may it support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall will be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 4 contracts

Sources: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” application of the “just and reasonable” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, or terms and conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. Co., v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 2 contracts

Sources: Renewable Power Purchase and Sale Agreement, Renewable Power Purchase and Sale Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will seek, nor will they support any third party in seeking, to prospectively or retroactively revise the rates, terms, or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Parties.‌ Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 2 contracts

Sources: Power Purchase and Sale Agreement, Power Purchase and Sale Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-non- Party or the FERC acting sua sponte shall be the “public interest” application of the “just and reasonable” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement

Mobile Sierra. Notwithstanding any other provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 ▇▇▇ ▇.▇. ▇▇▇ (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US U.S. 348 (1956).

Appears in 1 contract

Sources: Power Purchase and Sale Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to the FERC pursuant to the provisions of Section 205, 206, or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party Party, or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United States Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US U.S. 348 (1956).) , and clarified by ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital Group, Inc. v.

Appears in 1 contract

Sources: Distribution Services Agreement

Mobile Sierra. Notwithstanding any other provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, 206 or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US U.S. 348 (1956).

Appears in 1 contract

Sources: Power Purchase and Sale Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, terms or conditions of service of this Agreement through application or complaint to the FERC pursuant to the provisions of Section 205, 206, or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior written agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party Party, or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United States Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US U.S. 348 (1956).

Appears in 1 contract

Sources: Demand Response Auction Mechanism Resource Purchase Agreement

Mobile Sierra. Notwithstanding any provision of this Agreement, neither Party will shall seek, nor will shall they support any third party in seeking, to prospectively or retroactively revise the rates, terms, or conditions of service of this Agreement through application or complaint to FERC pursuant to the provisions of Section 205, 206, or 306 of the Federal Power Act, or any other provisions of the Federal Power Act, absent prior written agreement of the Parties. Further, absent the prior agreement in writing by both Parties, the standard of review for changes to the rates, terms or conditions of service of this Agreement proposed by a Party, a non-Party or the FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 US 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 US 348 (1956).. RAP ID #[Name], [Seller’s Name]

Appears in 1 contract

Sources: Power Purchase and Sale Agreement