Rate Changes. (A) The terms and conditions and the rates for service specified in this PPA shall remain in effect for the term of the transaction described herein. Absent the Parties’ written agreement, this PPA shall not be subject to change by application of either Party pursuant to Section 205 or 206 of the Federal Power Act. (B) Absent the agreement of all Parties to the proposed change, the standard of review for changes to this PPA whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (aka the Mobile-Sierra doctrine), as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v.
Appears in 2 contracts
Samples: Wind Energy Purchase Agreement (Otter Tail Corp), Wind Energy Purchase Agreement (Otter Tail Corp)
Rate Changes. (A) The terms and conditions and the rates for service specified in this PPA shall remain in effect for the term Term hereof. Neither Party shall seek (nor support any third party seeking) any prospective or retroactive change to the rates or terms of the transaction described herein. Absent the Parties’ written agreement, service under this PPA shall not be subject to change by application of either Party pursuant to Section 205 §205, §206 or 206 §306 of the Federal Power Act.
(B) Absent the agreement of all Parties to the proposed change, the The standard of review for changes to this PPA whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (aka the “Mobile-Sierra doctrine”), as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v.
Appears in 1 contract
Samples: Power Purchase Agreement
Rate Changes. (A) 17.4.1 The terms and conditions and the rates for service specified in this PPA Agreement shall remain in effect for the term of the transaction described herein. Absent the Parties’ written agreement, this PPA Agreement shall not be subject to change by application of either Party pursuant to Section 205 or 206 of the Federal Power Act.
(B) 17.4.2 Absent the written agreement of all Parties to the proposed change, the standard of review for changes to this PPA Agreement whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 000 X.X. 000 (1956) ), and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (aka the “Mobile-Sierra doctrine”), as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v..
Appears in 1 contract
Samples: Wind Power Purchase Agreement
Rate Changes. (A) The terms and conditions and the rates for service specified in this PPA shall remain in effect for the term Term hereof. Neither Party shall seek (nor support any third party seeking) any prospective or retroactive change to the rates or terms of the transaction described herein. Absent the Parties’ written agreement, service under this PPA shall not be subject to change by application of either Party pursuant to Section 205 205, 206 or 206 306 of the Federal Power Act.
(B) Absent the agreement of all Parties to the proposed change, the The standard of review for changes to this PPA whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (aka the “Mobile-Sierra doctrine”), as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v.
Appears in 1 contract
Samples: Energy Purchase Agreement
Rate Changes. (Aa) The terms and conditions and the rates for service specified in this PPA Agreement shall remain in effect for the term of the transaction described herein. Absent the Parties’ written agreement, this PPA Agreement shall not be subject to change by application of either Party pursuant to Section 205 205, 206 or 206 306 of the Federal Power Act.
(Bb) Absent the written agreement of all Parties to the proposed change, the standard of review for changes to this PPA Agreement whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp.Corp. , 000 X.X. 000 350 U. S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co.Co. , 350 U.S. U. S. 348 (1956) (aka the “Mobile-Sierra doctrine), ”) as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v.v. Public Util. Dist. No. 1, 554 U. S. 527 (2008).
Appears in 1 contract
Samples: Purchase Power Agreement
Rate Changes. (A) The terms and conditions and the rates for service specified in this PPA shall remain in effect for the term of the transaction described herein. Absent the Parties’ written agreement, this PPA shall not be subject to change by application of either Party pursuant to Section 205 or 206 of the Federal Power Act.
(B) Absent the agreement of all Parties to the proposed change, the standard of review for changes to this PPA whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 000 X.X. 000 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (aka the Mobile-Sierra doctrine), as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v.v. Public Util.
Appears in 1 contract
Samples: Solar Energy Purchase Agreement
Rate Changes. (A) The terms and conditions and the rates for service specified in this PPA shall remain in effect for the term of the transaction described herein. Absent the Parties’ written agreement, this PPA shall not be subject to change by application of either Party pursuant to Section Article 205 or 206 of the Federal Power Act.
(B) Absent the agreement of all Parties to the proposed change, the standard of review for changes to this PPA whether proposed by a Party, a non-party, or the Federal Energy Regulatory Commission FERC acting sua sponte shall be the “public interest” standard of review set forth in United Gas Pipe Line v. Mobile Gas Service Corp., 000 X.X. 000 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) (aka the Mobile-Sierra doctrine), as interpreted in Xxxxxx Xxxxxxx Capital Group, Inc. v.v. Public Util.
Appears in 1 contract
Samples: Wind Energy Purchase Agreement