Common use of Non-appealable PUC Approval Order Clause in Contracts

Non-appealable PUC Approval Order. The term “Non-appealable PUC Approval Order “ means a PUC Approval Order that is not subject to appeal to any Circuit Court of the State of Hawai‘i, Intermediate Court of Appeals of the State of Hawai‘i, or the Supreme Court of the State of Hawai‘i, because the period permitted for such an appeal ( “Appeal Period”) has passed without the filing of notice of such an appeal, or that was affirmed on appeal to any Circuit Court of the State of Hawai‘i, Intermediate Court of Appeals of the State of Hawai‘i, or the Supreme Court of the State of Hawai‘i, or was affirmed upon further appeal or appellate process, and that is not subject to further appeal, because the jurisdictional time permitted for such an appeal and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari has passed without the filing of notice of such an appeal or the filing for further appellate process.

Appears in 2 contracts

Samples: Grid Services Purchase Agreement, Grid Services Purchase Agreement

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Non-appealable PUC Approval Order. The term “Non-appealable PUC Approval Order means a PUC Approval Order that is not subject to appeal to any Circuit Court of the State of Hawai‘i, Intermediate Court of Appeals of the State of Hawai‘i, or the Supreme Court of the State of Hawai‘i, because the period permitted for such an appeal ( (the “Appeal Period”) has passed without the filing of notice of such an appeal, or that was affirmed on appeal to any Circuit Court of the State of Hawai‘i, Intermediate Court of Appeals of the State of Hawai‘i, or the Supreme Court of the State of Hawai‘i, or was affirmed upon further appeal or appellate process, and that is not subject to further appeal, because the jurisdictional time permitted for such an appeal and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari has passed without the filing of notice of such an appeal or the filing for further appellate process.

Appears in 1 contract

Samples: Power Purchase Agreement

Non-appealable PUC Approval Order. The term “Non-appealable PUC Approval Order “ Order” means a PUC Approval Order that is not subject to appeal to any Circuit Court of the State of Hawai‘iHawaii, Intermediate Court of Appeals of the State of Hawai‘iHawaii, or the Supreme Court of the State of Hawai‘iHawaii, because the period permitted for such an appeal ( (the “Appeal Period”) has EXECUTION VERSIONPuna Geothermal Venture ARTICLE 25112 passed without the filing of notice of such an appeal, or that was affirmed on appeal to any Circuit Court of the State of Hawai‘iHawaii, Intermediate Court of Appeals of the State of Hawai‘iHawaii, or the Supreme Court of the State of Hawai‘iHawaii, or was affirmed upon further appeal or appellate process, and that is not subject to further appeal, because the jurisdictional time permitted for such an appeal and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari has passed without the filing of notice of such an appeal or the filing for further appellate process.

Appears in 1 contract

Samples: Power Purchase Agreement (Hawaiian Electric Co Inc)

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Non-appealable PUC Approval Order. The term “Non-appealable Appealable PUC Approval Order “ Order” means a PUC Approval Order (i) that is not subject to appeal to any Circuit Court of the State of Hawai‘i, Intermediate Court of Appeals of the State of Hawai‘i, or the Supreme Court of the State of Hawai‘i, because the period permitted for such an appeal ( (the “Appeal Period”) has passed without the filing of notice of such an appeal, ; or (ii) that was affirmed on appeal to any Circuit Court of the State of Hawai‘i, Intermediate Court of Appeals of the State of Hawai‘i, or the Supreme Court of the State of Hawai‘i, or was affirmed upon further appeal or appellate process, and that is not subject to further appeal, because the jurisdictional time permitted for such an appeal and/or further appellate process such as a motion for reconsideration or an application for writ of certiorari has passed without the filing of notice of such an appeal or the filing for further appellate process.process.‌‌

Appears in 1 contract

Samples: Energy Storage Power Purchase Agreement

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