Common use of Modifications/Standard of Review Clause in Contracts

Modifications/Standard of Review. Unless the Parties otherwise agree in writing, any modification to this Settlement Agreement proposed by one of the Parties after the Settlement Agreement has become effective in accordance with Section 3.1 shall, as between them, be subject to 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 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (the Mobile-Sierra doctrine), as clarified in Xxxxxx Xxxxxxx Capital Group, Inc. v. Public Utility District No. 1 of Snohomish County, Washington, 554 U.S. 527 (2008) and refined in NRG Power Marketing, LLC v. Maine Public Utilities Commission, 558 U.S. 165, 174-75 (2010). The standard of review for any modifications to this Settlement Agreement requested by a non-Party or initiated by the Commission acting sua sponte will be the most stringent standard permissible under applicable law. See NRG Power Mktg., LLC

Modifications/Standard of Review. Unless the Parties otherwise agree in writing, any modification to this Settlement Agreement proposed by one of the Parties after the Settlement Agreement has become effective in accordance with Section 3.1 shall, as between them, be subject to 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 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (the Mobile-Sierra doctrine), as clarified in Xxxxxx Xxxxxxx Capital Group, Inc. v. Public Utility District No. 1 of Snohomish County, Washington, 554 U.S. 527 (2008) and refined in NRG Power Marketing, LLC v. Maine Public Utilities Commission, 558 U.S. 165, 174-75 (2010). The standard of review for any modifications to this Settlement Agreement requested by a non-Party or initiated by the Commission acting sua sponte will be the most stringent standard permissible under applicable law. See NRG Power Mktg., LLCLLC v. Maine Pub. Utils. Comm’n, 558 U.S. at 174-75.