Examples of ROFR Statute in a sentence
Consumer Alliance argues that the “mis-fit” between the instant circumstances and the Order No. 679 framework will result in unjust and unreasonable rates no matter how the pending Iowa ROFR Statute litigation is resolved.51Consumer Alliance argues that the Incentives Order forces customers to assume an unjust and unreasonable level of risk if the Iowa courts ultimately find the Iowa ROFR Statute unconstitutional.
There exists no default or breach of any ROFR, and no facts known to any Loan Party exist that would trigger any ROFR Statute or any ROFR, except to the extent that such default, breach or trigger would not reasonably be expected to be materially adverse to the Partnership and its Restricted Subsidiaries, taken as a whole.
Citing the temporary injunction and stay of the Iowa ROFR Statute, Consumer Alliance argues that ITC Midwest’s right to develop the project is “at best unsettled and most likely void,”50 and that the Commission should have viewed this application differently than the standard Order No. 679 analysis in which an incumbent public utility with a secured right to the project seeks an Abandoned Plant Incentive.
The costs of the transmission lines subject to the Minnesota ROFR Statute are allocated to ratepayers on a regional basis.
Consumer Alliance alleges that the Commission erred by failing to support the Commission’s finding of a nexus between the requested incentive and the risks associated with the Project and by failing to consider the impact of state constitutional challenges to the Iowa ROFR Statute.
ITC Midwest has indicated that it will work with the Selected Developer to determine cost and construction responsibility for the Mississippi River crossing that will link the Iowa and Illinois portions of the Project.11On March 24, 2023, the Iowa Supreme Court granted a temporary injunction staying the enforcement of the Iowa ROFR Statute, pending ongoing litigation regarding its constitutionality under state law.
Id. The Office of Consumer Advocate files this amicus brief pursuant to Federal Rule of Appellate Procedure 29(a)(2).This case involves application of Minnesota Statute § 216B.246 (Minnesota ROFR Statute), which grants incumbent electric transmission owners the right of first refusal to construct electric transmission lines in the state of Minnesota.
It is agreed that any request for a waiver or release of any applicable Repurchase Option or ROFR or ROFR Statute shall not be deemed to violate this Section 6.16.
In addition, we continue to find that the Iowa ROFR Statute litigation does not preclude the Commission from evaluating or granting the Abandoned Plant Incentive, nor was it premature to grant the Abandoned Plant Incentive at this juncture.