Common use of Rate Change Rights Clause in Contracts

Rate Change Rights. Absent the written agreement of all of the parties to the Agreement Regarding Treatment of Allocations of New York Power Authority Expansion Power and Replacement Power Beginning January 1, 2012 and Thereafter, dated September 29, 2011, the following shall apply: 1. The Company shall have the right to revise the standard retail transmission rates to which the schedules of discounts in Exhibit B – Rates – Rate I e. apply by unilateral filing with the Federal Energy Regulatory Commission (FERC) or other appropriate regulatory body, in accordance with the applicable rules and regulations of such body, and the other parties to the Agreement Regarding Treatment of Allocations of New York Power Authority Expansion Power and Replacement Power Beginning January 1, 2012 and Thereafter, dated September 29, 2011, shall have the unilateral right to intervene and participate in such proceedings. If such filings are made before FERC, the applicable standard of review of these filings shall be the just and reasonable standard under Section 205 of the Federal Power Act, without application of the Mobile-Sierra “public interest” presumption as set forth in United Gas Pipeline Co. v. Mobile

Rate Change Rights. Absent the written agreement of all of the parties to the Agreement Regarding Treatment of Allocations of New York Power Authority Expansion Power and Replacement Power Beginning January 1, 2012 and Thereafter, dated September 29, 2011, the following shall apply: 1. The Company shall have the right to revise the standard retail transmission rates to which the schedules of discounts in Exhibit B – Rates – Rate I e. apply by unilateral filing with the Federal Energy Regulatory Commission (FERC) or other appropriate regulatory body, in accordance with the applicable rules and regulations of such body, and the other parties to the Agreement Regarding Treatment of Allocations of New York Power Authority Expansion Power and Replacement Power Beginning January 1, 2012 and Thereafter, dated September 29, 2011, shall have the unilateral right to intervene and participate in such proceedings. If such filings are made before FERC, the applicable standard of review of these filings shall be the just and reasonable standard under Section 205 of the Federal Power Act, without application of the Mobile-Sierra “public interest” presumption as set forth in United Gas Pipeline Co. v. Mobilev.

Rate Change Rights. Absent the written agreement of all of the parties to the Agreement Regarding Treatment of Allocations of New York Power Authority Expansion Power and Replacement Power Beginning January 1, 2012 and Thereafter, dated September 29, 2011, the following shall apply:shall 1. The Company shall have the right to revise the standard retail transmission rates to which the schedules of discounts in Exhibit B – Rates – Rate I e. apply by unilateral filing with the Federal Energy Regulatory Commission (FERC) or other appropriate regulatory body, in accordance with the applicable rules and regulations of such body, and the other parties to the Agreement Regarding Treatment of Allocations of New York Power Authority Expansion Power and Replacement Power Beginning January 1, 2012 and Thereafter, dated September 29, 2011, shall have the unilateral right to intervene and participate in such proceedings. If such filings are made before FERC, the applicable standard of review of these filings shall be the just and reasonable standard under Section 205 of the Federal Power Act, without application of the Mobile-Sierra “public interest” presumption as set forth in United Gas Pipeline Co. v. MobileMobile Gas Services Corp., 000 X.X. 000 (1956), and Federal Power Commission v. Sierra Pacific Power Co., 000 X.X. 000 (1956), as clarified by Xxxxxx Xxxxxxx Capital Group, Inc. v. Public