Proceedings under the Energy Policy Act of 2005 Sample Clauses

Proceedings under the Energy Policy Act of 2005. Regarding any of the Mandatory Terms and Conditions filed with FERC in this License proceeding that do not contain a Material Modification of the Settlement Agreement, each Party waives any right it may have to request an agency trial- type hearing on issues of material fact under Sections 4(e) and 18 of the FPA and to propose alternatives under Section 33 of the FPA. Under the foregoing circumstances, the Parties shall not support any trial-type hearing requested by any non-Party and will support USFS, FWS, and NMFS, as appropriate, if a trial- type hearing is requested by any non-Party. If a non-Party requests a trial-type hearing, the Parties may intervene to support this Settlement Agreement, and USFS, FWS, and NMFS shall use good faith efforts to defend its challenged Mandatory Terms and Conditions. Notwithstanding the above, regarding any of the Mandatory Terms and Conditions filed with FERC in this License proceeding that do contain a Material Modification of the Settlement Agreement, each Party reserves any rights to challenge the Mandatory Terms and Conditions or request an agency trial-type hearing on issues of material fact under Sections 4(e) and 18 of the FPA and to propose alternatives under Section 33 of the FPA.
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