Transmission Expansion. A Participating TO shall be obligated to construct all transmission additions and upgrades within its Service Area that are determined to be needed in accordance with the requirements of this Section 3.2. A Participating TO’s obligation to construct such transmission additions and upgrades shall be subject to: (1) its ability, after making a good faith effort, to obtain all necessary approvals and property rights under applicable federal, state, and local laws and (2) the presence of a cost recovery mechanism with cost responsibility assigned in accordance with Section 3.2.7. The obligations of the Participating TO to construct such transmission additions or upgrades will not alter the rights of any entity to construct and expand transmission facilities as those rights would exist in the absence of the TO’s obligations under this ISO Tariff or as those rights may be conferred by the ISO or may arise or exist pursuant to this ISO Tariff.
Transmission Expansion. (a) Purchaser agrees that Purchaser and its Affiliates shall at all times support and, following the Closing, cause ITC and any ITC Successors at all times to support, in public fora and elsewhere, the joint plan filed by ITC (on behalf of Detroit Edison), Consumers Energy Company and Great Lakes Energy Cooperative on December 28, 2000 with the Michigan Public Service Commission (the “MPSC”) in Case No. U-12781 pursuant to Section 10v of the Customer Choice and Electricity Reliability Act (2000 Michigan PA 141) (the “Michigan Act”), as the same may be modified or adjusted by order of the MPSC (the “Expansion Plan”). Purchaser further agrees, following the Closing, (i) to complete or cause ITC or any ITC Successor to complete, on a timely basis, all projects and other actions regarding the Transmission Assets and the ITC transmission system (and any expansions thereof or modifications or additions thereto) required on the part of ITC or any ITC Successor, Seller or any of their Affiliates by the terms of the Expansion Plan or any order of or direction by the MPSC pertaining to the Expansion Plan, in accordance with the terms of the Expansion Plan and/or any applicable requirements of the MPSC, and (ii) to perform or cause ITC or any ITC Successor to perform any and all other obligations of ITC or any ITC Successor, Seller and their respective Affiliates under the Expansion Plan or otherwise arising under Section 10v of the Michigan Act regarding the expansion of electric transmission facilities or capabilities.
(b) For the period between the date hereof and the Closing, Seller agrees that it shall, and shall cause its Affiliates to, xxxx, charge and invoice ITC in a manner consistent with past practice for engineering, time, personnel, material or like work in connection with transmission expansion, including, but not limited to, the Expansion Plan.
(c) To the extent permitted under applicable law, Seller and its Affiliates shall use commercially reasonable efforts to exercise eminent domain and/or condemnation rights, upon reasonable request of ITC, on behalf of Purchaser and ITC or any ITC Successor, in order to enable ITC or any ITC Successor to expand or modify the ITC transmission system, until such date on which ITC (or any applicable ITC Successor) is authorized by applicable law to acquire the right of condemnation, eminent domain or any similar right which can be exercised on behalf of public utilities, provided, however, that Purchaser shall, as a...
Transmission Expansion. A Participating TO shall be obligated to construct all transmission additions and upgrades within its Service Area that are determined to be needed in accordance with the requirements of this Section 3.2 and, with respect to transmission additions and upgrades relating to the interconnection of Generating Units, the requirements of Section
