Application Authority Sample Clauses
Application Authority. As more fully set forth in Sections, 2.05(a), 3.03(d) and 3.04(b) of the TOA and as may be set forth in comparable provisions of one or more ITC Agreements, the Transmission Companies, acting jointly, shall have the authority to submit filings under Section 205 to amend pro forma interconnection agreements, to establish and amend pro forma Local Service Agreements, and to establish and to revise the design of the rates and charges for service provided by the Transmission Companies collectively pursuant to which the revenue requirements for all facilities of the Transmission Companies used for the provision of Transmission Service are recovered (“Regional Transmission Service”). The Transmission Companies may also elect, through the joint exercise of the individual filing rights set forth in Section 3.04(a) of the TOA and as may be set forth in comparable provisions of one or more ITC Agreements to submit joint filings under Section 205 to establish common terms and conditions applicable to Local Service provided by some or all of the Transmission Companies. Collectively, all of the joint Section 205 filings described in this Section 1.01 shall be referred to hereafter as “Joint Transmission Company Filings”.
Application Authority. (a) Each PTO other than a Publicly-Owned PTO shall have the authority to submit filings under Section 205 of the Federal Power Act, and each Publicly-Owned PTO shall have the authority to the extent permitted by, or in a manner consistent with state law applicable to Publicly-Owned PTOs, to establish and to revise:
(i) the revenue requirements for all Transmission Facilities of such PTO used for the provision of Transmission Service (including Transmission Facilities leased to the PTO or to which the PTO has contractual entitlements);
(ii) any rates or charges for transmission services that are based solely on the revenue requirements of the Transmission Facilities of a single PTO (including Transmission Facilities leased to the PTO or to which the PTO has contractual entitlements) under such PTO’s FERC-accepted or -approved Local Service Schedule to the ISO OATT;
(iii) any terms and conditions for Local Network Service or Local Point-to-Point Transmission Service under such PTO’s Local Service Schedule to the ISO OATT;
(iv) any rates or charges for the recovery of such PTO’s investment in a New Transmission Facility or Transmission Upgrade that enters commercial service after the effective date of the ISO OATT and the construction of which was not required by, or approved in, an ISO System Plan; provided, however, that if the ISO OATT utilizes a formula-type transmission rate, the revenue requirement for such Transmission Facility shall not be rolled into such rate without a FERC order expressly permitting such roll-in;
(v) any terms and conditions for such PTO’s or such PTO’s affiliated distribution company’s retail access plans, whether such terms and conditions are included in the ISO OATT or in any other tariff applicable to that PTO filed with FERC, and including any such terms and conditions in the ISO OATT or in any other tariff applicable to that PTO that protect against bypass of any provision of that PTO’s retail access plan;
(vi) any rates or charges for the recovery of such PTO’s wholesale or retail stranded costs and any terms and conditions in the ISO OATT or in any other tariff applicable to that PTO filed with FERC that protect against bypass of rates or charges for the recovery of that PTO’s wholesale or retail stranded costs;
(vii) any rates or charges, and terms and conditions related thereto, that implement an incentive or performance-based rate proposal made by one or more (but fewer than all) PTOs, applicable only to service provided...
Application Authority. Each PTO other than a Publicly-Owned PTO shall have the authority to submit filings under Section 205 of the Federal Power Act, and each Publicly-Owned PTO shall have the authority to the extent permitted by, or in a manner consistent with state law applicable to Publicly-Owned PTOs, to establish and to revise:
Application Authority. (a) NTD shall have the authority to submit filings under Section 205 of the Federal Power Act to establish and to revise (pursuant to an NTD rate schedule filed under Schedules 13 or 14, as applicable, of the ISO OATT):
(i) charges for costs permitted to be recovered under Sections 4.3 and 4A of Attachment K to the ISO OATT;
(ii) once its project is listed as “Proposed” in the RSP Project List, charges for the costs of Commission-approved construction work in process; and
(iii) once its project is listed as “Proposed” in the RSP Project List, any rates, charges, terms or conditions for transmission services that are based solely on the revenue requirements of the Transmission Facilities (including Transmission Facilities leased to NTD or to which NTD has contractual entitlements). NTD shall not have the authority to revise such rates, terms and conditions in a manner that would abridge the rights granted to the ISO in Section 3.04(b). NTD shall provide written notification to the ISO and stakeholders of any filing described in sub-paragraph (i) through (iv), above, which notification shall include a detailed description of the filing, at least 30 days in advance of a filing. NTD shall consult with interested stakeholders upon request. NTD shall retain the right to modify aspects of any filing authorized by this Section 3.04(a) after it provides written notification to the ISO and stakeholders, and shall provide notification to the ISO and stakeholders of any material modification to such filings. With respect to any filing described in sub-paragraph (iii) above, NTD shall include in any filing a statement that, in the good faith judgment of NTD, the proposal will not be inconsistent with the design of the New England Markets, as accepted or approved by FERC. In the event the ISO believes that a proposed filing described in sub-paragraph (iii) above, would have such an inconsistency, it shall so advise NTD and NTD and the ISO shall consult in good faith to resolve any ISO concerns, but, if such disagreement cannot be resolved, NTD may submit a filing under Section 205, provided that NTD’s filing (including the transmittal letter for such filing) to FERC shall include any written statement provided by the ISO setting forth the basis for the ISO’s concerns. NTD shall consult with the ISO to determine whether the ISO will need to make any software modifications in order to implement any filing authorized by this Section 3.04(a) and when any needed software mod...