Common use of Other Changes in PJM Charges Clause in Contracts

Other Changes in PJM Charges. Except as provided in Section 2.3 (Network Integration Transmission Service and Distribution Service), Seller bears the risk of any other changes in PJM products and pricing during the term of this Agreement. However if there are any other new FERC-approved PJM transmission charges other than those referred to in Section 2.3 or other new PJM charges and costs, charged to network transmission customers, that Seller believes the Buyer should recover through retail rates because they are directly related to the Buyer’s obligations under the Maryland PSC Orders and Settlements, then Buyer will file with the Maryland PSC, and provide notice to all Parties (as that term is used in the Maryland PSC Orders and Settlements), a request for approval to recover such new costs. Seller is required to intervene in any such proceeding before the Maryland PSC. Such new costs can only be charged by Seller to Buyer to the extent that the Maryland PSC approves Buyer’s recovery of those costs. Seller agrees to be bound by the decision of the Maryland PSC (subject to the normal rules for appeal of the decision of the Maryland PSC) and waives all claims concerning this issue before FERC. Notwithstanding the foregoing, nothing in this Agreement shall preclude Seller from taking any position before FERC regarding the creation and allocation of any such PJM charges.

Other Changes in PJM Charges. Except as provided in Section 2.3 (Network Integration Transmission Service and Distribution Service), Seller bears the risk of any other changes in PJM products and pricing during the term of this Agreement. However if there are any other new FERC-approved PJM transmission charges other than those referred to in Section 2.3 or other new PJM charges and costs, charged to network transmission customers, that Seller believes the Buyer should recover through retail rates because they are directly related to the Buyer’s obligations under the Maryland PSC Orders and Settlements, then Buyer will file with the Maryland PSC, and provide notice to all Parties (as that term is used in the Maryland PSC Orders and Settlements), a request for approval to recover such new costs. Seller Xxxxxx is required to intervene in any such proceeding before the Maryland PSC. Such new costs can only be charged by Seller to Buyer to the extent that the Maryland PSC approves Buyer’s recovery of those costs. Seller Xxxxxx agrees to be bound by the decision of the Maryland PSC (subject to the normal rules for appeal of the decision of the Maryland PSC) and waives all claims concerning this issue before FERC. Notwithstanding the foregoing, nothing in this Agreement shall preclude Seller from taking any position before FERC regarding the creation and allocation of any such PJM charges.

Other Changes in PJM Charges. Except as provided in Section 2.3 (Network Integration Transmission Service and Distribution Service), Seller bears the risk of any other changes in PJM products and pricing during the term of this Agreement. However However, if there are any other new FERC-approved PJM transmission charges other than those referred to in Section 2.3 or other new PJM charges and costs, charged to network transmission customers, that Seller believes the Buyer should recover through retail rates because they are directly related to the Buyer’s obligations under the Maryland PSC Orders and Settlements, then Buyer will file with the Maryland PSC, and provide notice to all Parties (as that term is used in the Maryland PSC Orders and Settlements), a request for approval to recover such new costs. Seller Xxxxxx is required to intervene in any such proceeding before the Maryland PSC. Such new costs can only be charged by Seller to Buyer to the extent that the Maryland PSC approves Buyer’s recovery of those costs. Seller Xxxxxx agrees to be bound by the decision of the Maryland PSC (subject to the normal rules for appeal of the decision of the Maryland PSC) and waives all claims concerning this issue before FERC. Notwithstanding the foregoing, nothing in this Agreement shall preclude Seller from taking any position before FERC regarding the creation and allocation of any such PJM charges.

Other Changes in PJM Charges. Except as provided in Section 2.3 (Network Integration Transmission Service and Distribution Service), Seller bears the risk of any other changes in PJM products and pricing during the term of this Agreement. However However, if there are any other new FERC-approved PJM transmission charges other than those referred to in Section 2.3 or other new PJM charges and costs, charged to network transmission customers, that Seller believes the Buyer should recover through retail rates because they are directly related to the Buyer’s obligations under the Maryland PSC Orders and Settlements, then Buyer will file with the Maryland PSC, and provide notice to all Parties (as that term is used in the Maryland PSC Orders and Settlements), a request for approval to recover such new costs. Seller is required to intervene in any such proceeding before the Maryland PSC. Such new costs can only be charged by Seller to Buyer to the extent that the Maryland PSC approves Buyer’s recovery of those costs. Seller agrees to be bound by the decision of the Maryland PSC (subject to the normal rules for appeal of the decision of the Maryland PSC) and waives all claims concerning this issue before FERC. Notwithstanding the foregoing, nothing in this Agreement shall preclude Seller from taking any position before FERC regarding the creation and allocation of any such PJM charges.