Common use of Cal Clause in Contracts

Cal. Indep. Sys. Operator Corp. 132 FERC ¶ 61,148 at P 40 (2010). 12 Midcontinent Indep. Sys. Oper., Inc., 129 FERC ¶ 61,282, at P 30 (2009). Under the Agreement, Powerex, not BC Hydro, will join and participate in the EIM, be subject to the EIM-related provisions of the CAISO tariff, and settle EIM transactions with the CAISO. BC Hydro will enter into the CAISO-BC Hydro Data Sharing Agreement to support Powerex’s EIM participation; BC Hydro, however, will not assume any participant role or undertake any commercial activities in the EIM. Nothing in the Agreement interferes with BC Hydro’s compliance with Provincial and Canadian law, interferes with the BCUC’s regulatory oversight or jurisdiction over BC Hydro, or alters BC Hydro’s non-U.S. jurisdictional status in any way. Nothing in the Agreement extends U.S. legal and regulatory obligations or U.S.-regulated activity into a Canadian province. The Agreement reflects the CAISO and Powerex’s expectation that BC Hydro will continue to operate as a wholly Canadian Provincial governmental balancing authority, transmission owner, operator, and service provider, and generation owner and operator for the BC Hydro system. BC Hydro will continue to manage transmission congestion within its service territory and will retain all balancing authority responsibilities in British Columbia. Powerex’s EIM transactions are defined to occur at the BC-U.S. border, such that the EIM area will not extend into Canada and will remain entirely within the U.S., subject to the Commission’s exclusive jurisdiction.13 The CAISO will create an EIM pricing node at the BC- U.S. border, but will not create or publish market prices inside British Columbia. The CAISO will model power flows inside British Columbia and inform BC Hydro of any resulting modeled congestion inside British Columbia, but the CAISO will not manage congestion or dispatch physical resources inside British Columbia. Although Powerex is not a balancing authority or transmission service provider, its participation in the EIM will be fundamentally consistent with the participation of other EIM entities, all of which are U.S. balancing authorities and transmission providers. Consistent with the current participation model for EIM entities, the CAISO’s full network model will include all relevant information associated with the operation of the BC Hydro balancing authority area, including