Common use of Certain Changes to Formula Rate Clause in Contracts

Certain Changes to Formula Rate. Notwithstanding anything herein to the contrary, nothing contained in this Agreement shall be construed as affecting in any way the right of Owner to make a unilateral filing at any time under Section 205 of the Federal Power Act or the regulations promulgated thereunder to change the Formula Rate. In the event of any such Section 205 filing, Purchaser shall have the right to oppose Owner’s proposed changes to the Formula Rate in any FERC proceeding. In addition, notwithstanding anything herein to the contrary, nothing contained in this Agreement shall be construed as affecting in any way the right of Purchaser to file a complaint at any time under Section 206 of the Federal Power Act seeking to change the Formula Rate. Notwithstanding the foregoing provisions, no filing by Owner under Section 205 of the Federal Power Act or by either Party under Section 206 of the Federal Power Act shall be permitted to the extent that it is inconsistent with the terms and conditions of this Agreement.

Certain Changes to Formula Rate. Notwithstanding anything herein to the contrary, nothing contained in this Agreement shall be construed as affecting in any way the right of Owner to make a unilateral filing at any time under Section 205 of the Federal Power Act or the regulations promulgated thereunder to change the Formula Rate. In the event of any such Section 205 filing, Purchaser shall have the right to oppose Owner’s 's proposed changes to the Formula Rate in any FERC proceeding. In addition, notwithstanding anything herein to the contrary, nothing contained in this Agreement shall be construed as affecting in any way the right of Purchaser to file a complaint at any time under Section 206 of the Federal Power Act seeking to change the Formula Rate. Notwithstanding the foregoing provisions, no filing by Owner under Section 205 of the Federal Power Act or by either Party under Section 206 of the Federal Power Act shall be permitted to the extent that it is inconsistent with the terms and conditions of this Agreement.