Vertical Market Power Sample Clauses

Vertical Market Power. In Order No. 697, the Commission consolidated the transmission market power analysis and barriers to entry analysis into a single vertical market power prong.14 The following information is provided in compliance with 18 C.F.R. § 35.37(e) (2012) to demonstrate that Mammoth Three lacks vertical market power under this prong: • Neither Mammoth Three nor any of its affiliates own, operate, or control electric transmission facilities in the United States, other than interconnection facilities that are used to connect electric generation resources to the transmission grid.15 • Neither Mammoth Three nor any of its affiliates own, operate, or control any intrastate natural gas transportation, intrastate natural gas storage or distribution facilities in the United States. • Several affiliates of Mammoth Three own or control certain sites for generation capacity development, as reflected in the chart provided in Appendix C. All of the sites are designed to accommodate the development of relatively small (less than 100 MW) renewable energy projects (geothermal and solar) such that their acquisition does not confer vertical market power, create barriers to entry, or otherwise provide a basis for rebutting the rebuttable presumption adopted in Order No. 697 that ownership or control of sites for generation capacity development does not allow a seller to erect barriers to entry.16 13 See, e.g., AEP Power Marketing, Inc. et al., 107 FERC ¶ 61,018 at PP 71, 95, 100 (2004) (adopting the screens as applicable to uncommitted capacity levels); Rock River I, LLC, Docket No. ER11-2559-001, Unreported Letter Order at p. 2 (March 23, 2011) (finding that a seller “satisfies the Commission’s requirements for market-based rate authority regarding horizontal market power” based on the representation that “all of the output from the [seller’s generation facility] is fully committed to a non- affiliated third party under a long-term contract”).
Sample 1
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Related to Vertical Market Power

  • Bulletin Board The Employer shall provide a bulletin board which shall be placed so that all employees will have access to it and upon which the Union shall have the right to post notices of regular meetings, special meetings, seminars or Union activities.

  • Union Bulletin Board ‌ The Employer will provide bulletin board facilities for the exclusive use of the Union, the site to be determined by mutual agreement. The use of such bulletin board facilities shall be restricted to the business affairs of the Union.

  • Bulletin Boards The Employer shall provide bulletin board facilities for the exclusive use of the Union, the sites to be determined by mutual agreement. The use of such bulletin board facilities shall be restricted to the business affairs of the Union.

  • Union Bulletin Boards The Employer will provide bulletin boards in each building which may be used by the Union for posting notices of the following types:

  • Bulletin Board Space The City shall provide reasonable space on bulletin boards for official Union notices of a non-controversial nature at each central work area.

  • ARTICLE BULLETIN BOARDS The Employer agrees to supply and make available to the Union for the posting of seniority lists and Union notices one (1) bulletin board in such place so as to inform all employees in the bargaining unit of the activities of the Union.

  • Open Market Purchases Failure of the Contractor to Perform within the time specified in the Contract, or failure to replace rejected or substandard Goods or fulfill unperformed Services when so requested and as the Contract provides or allows, constitutes a breach of the Contract and as a remedy for such breach, such failure shall constitute authority for DAS, if it deems it to be necessary or appropriate in its sole discretion, to Terminate the Contract and/or to purchase on the open market, Goods or Services to replace those which have been rejected, not delivered, or not Performed. The Client Agency shall invoice the Contractor for all such purchases to the extent that they exceed the costs and expenses in Exhibit B and the Contractor shall pay the Client Agency’s invoice immediately after receiving the invoice. If DAS does not Terminate the Contract, the Client Agency will deduct such open market purchases from the Contract quantities. However, if the Client Agency deems it to be in the best interest of the State, the Client Agency may accept and use the Goods or Services delivered which are substandard in quality, subject to an adjustment in price to be determined by the Client Agency.

  • Bulletin Boards and Newsstands The Employer will maintain bulletin board(s) or space on existing bulletin boards currently provided to the Union for union communication. In bargaining units where no bulletin board or space on existing bulletin boards has been provided, the Employer will supply the Union with a board or space. Material posted on the bulletin board will be appropriate to the workplace, politically non-partisan, in compliance with state ethics laws and identified as union literature. If requested, the Employer will identify area(s) where Union provided newsstand(s) can be located. Union provided newsstand(s) must meet the Employer’s campus standards. Union communications will not be posted or otherwise disseminated in any other location on the campus, except as provided in the Employer policy and in Section 40.7 below.

  • Clear Market During the period from the date hereof through and including the Closing Date, the Company will not, without the prior written consent of the Representatives, offer, sell, contract to sell or otherwise dispose of any debt securities issued or guaranteed by the Company and having a tenor of more than one year.

  • ETU Picnic Day In accordance with picnic day provision the Company shall require from an employee proof of picnic day attendance, ie ETU ticket purchase before payment will be made for the day. A ticket purchased in relation to an alternative union picnic day is not sufficient for the purposes of payment. Where possible no work shall be scheduled on the first Monday of December each year which is the Annual Building Industry Picnic Day.

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