Common use of Commission Condition Clause in Contracts

Commission Condition. Notwithstanding anything to the contrary in this Section 13, no amendment or modification of this Administration Agreement shall be effective, nor shall any action requiring satisfaction of this condition pursuant to Section 8(e), Section 8(f), or Section 14 of this Administration Agreement be taken or be effective except upon satisfaction of the conditions precedent in this paragraph (b). (i) At least 15 days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 13(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders of the Nuclear Asset-Recovery Bonds if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification) the Administrator shall have delivered to the Commission’s Staff Director of Accounting & Finance written notification of any proposed amendment, which notification shall contain: (A) a reference to Docket No. 150171-EI; (B) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement; and (C) a statement identifying the person to whom the Commission is to address any response to the proposed amendment or to request additional time. (ii) If the Commission or an authorized representative of the Commission, within 15 days (subject to extension as provided in clause (iii)) of receiving a notification complying with subparagraph (i), shall have delivered to the office of the person specified in clause (i)(C) a written statement that the Commission might object to the proposed amendment or modification, then, subject to clause (iv) below, such proposed amendment or modification shall not be effective unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification; or (iii) If the Commission or an authorized representative of the Commission, within 15 days of receiving a notification complying with subparagraph (i), shall have delivered to the office of the person specified in clause (i)(C) a written statement requesting an additional amount of time not to exceed thirty days in which to consider such proposed amendment or modification, then such proposed amendment or modification shall not be effective if, within such extended period, the Commission shall have delivered to the office of the person specified in clause (i)(C) a written statement as described in subparagraph (ii), unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification. (iv) If (A) the Commission or an authorized representative of the Commission, shall not have delivered written notice that the Commission might object to such proposed amendment or modification within the time periods described in subparagraphs (ii) or (iii), whichever is applicable, or (B) the Commission or authorized representative of the Commission, has delivered such written notice but does not within 60 days of the delivery of the notification in (a) above, provide subsequent written notice confirming that it does in fact object and the reasons therefore or advise that it has initiated a proceeding to determine what action it might take with respect to the matter, then the Commission shall be conclusively deemed not to have any objection to the proposed amendment or modification and such amendment or modification may subsequently become effective upon satisfaction of the other conditions specified in Section 13(a). (v) Following the delivery of a statement from the Commission or an authorized representative of the Commission to the Administrator under subparagraph (ii), the Administrator and the Issuer shall have the right at any time to withdraw from the Commission further consideration of any proposed amendment, modification or other action. (vi) For the purpose of this Section 13, an “authorized representative of the Commission” means any person authorized to act on behalf of the Commission, as evidenced by an Opinion of Counsel (which may be the general counsel) to the Commission.

Commission Condition. Notwithstanding anything to the contrary in this Section 13, no amendment or modification of this Administration Agreement shall be effective, nor shall any action requiring satisfaction of this condition pursuant to Section 8(e), Section 8(f), or Section 14 of this Administration Agreement be taken or be effective except upon satisfaction of the conditions precedent in this paragraph (b). (i) At least 15 days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 13(a) (except that the consent of the Indenture Trustee may be subject to the consent of Holders of the Nuclear Asset-Recovery Bonds if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification) the Administrator shall have delivered to the Commission’s Staff Director of Accounting & Finance written notification of any proposed amendment, which notification shall contain: (A) a reference to Docket No. 150171150148-EI; (B) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement; and (C) a statement identifying the person to whom the Commission is to address any response to the proposed amendment or to request additional time. (ii) If the Commission or an authorized representative of the Commission, within 15 days (subject to extension as provided in clause (iii)) of receiving a notification complying with subparagraph (i), shall have delivered to the office of the person specified in clause (i)(C) a written statement that the Commission might object to the proposed amendment or modification, then, subject to clause (iv) below, such proposed amendment or modification shall not be effective unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification; or (iii) If the Commission or an authorized representative of the Commission, within 15 days of receiving a notification complying with subparagraph (i), shall have delivered to the office of the person specified in clause (i)(C) a written statement requesting an additional amount of time not to exceed thirty days in which to consider such proposed amendment or modification, then such proposed amendment or modification shall not be effective if, within such extended period, the Commission shall have delivered to the office of the person specified in clause (i)(C) a written statement as described in subparagraph (ii), unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification. (iv) If (A) the Commission or an authorized representative of the Commission, shall not have delivered written notice that the Commission might object to such proposed amendment or modification within the time periods described in subparagraphs (ii) or (iii), whichever is applicable, or (B) the Commission or authorized representative of the Commission, has delivered such written notice but does not within 60 days of the delivery of the notification in (a) above, provide subsequent written notice confirming that it does in fact object and the reasons therefore or advise that it has initiated a proceeding to determine what action it might take with respect to the matter, then the Commission shall be conclusively deemed not to have any objection to the proposed amendment or modification and such amendment or modification may subsequently become effective upon satisfaction of the other conditions specified in Section 13(a). (v) Following the delivery of a statement from the Commission or an authorized representative of the Commission to the Administrator under subparagraph (ii), the Administrator and the Issuer shall have the right at any time to withdraw from the Commission further consideration of any proposed amendment, modification or other action. (vi) For the purpose of this Section 13, an “authorized representative of the Commission” means any person authorized to act on behalf of the Commission, as evidenced by an Opinion of Counsel (which may be the general counsel) to the Commission.

Commission Condition. Notwithstanding anything to the contrary in this Section 1311.02, no amendment or modification of Sections 4.01 (with respect to the Independent Manager Fee described in subsection (a)), 4.02, 5.04, and 7.03 of this Administration Agreement shall be effective, nor shall any action requiring satisfaction of this condition pursuant to Section 8(e), Section 8(f), or Section 14 of this Administration Agreement be taken or be effective except upon satisfaction of unless the conditions precedent process set forth in this paragraph (b)Section 11.03 has been followed. (ia) At least 15 thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 13(a) 11.02 above (except that the consent of the Indenture Trustee may be subject to the consent of Holders of the Nuclear Asset-Recovery Bonds if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification) amendment), the Administrator Member shall have delivered to the Commission’s Staff Director of Accounting & Finance executive secretary and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain: (Ai) a reference to Docket Case No. 15017112-EI1188-E-PC; (Bii) an Officer’s Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement; and (Ciii) a statement identifying the person to whom the Commission or its authorized representative is to address any response to the proposed amendment or modification or to request additional time. (b) The Commission or its authorized representative shall, within thirty (30) days of receiving the notification complying with Section 11.03(a) above, either: (i) provide notice of its determination that the proposed amendment or modification will not under any circumstances have the effect of increasing the Ongoing Financing Costs related to the Consumer Rate Relief Bonds, (ii) If provide notice of its consent or lack of consent to the person specified in Section 11.03(a)(iii) above, or (iii) be conclusively deemed to have consented to the proposed amendment or modification, unless, within thirty (30) days of receiving the notification complying with Section 11.03(a) above, the Commission or an its authorized representative of the Commission, within 15 days (subject to extension as provided in clause (iii)) of receiving a notification complying with subparagraph (i), shall have delivered delivers to the office of the person specified in clause (i)(CSection 11.03(a)(iii) a written statement that the Commission might object to the proposed amendment or modification, then, subject to clause (iv) below, such proposed amendment or modification shall not be effective unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification; or (iii) If the Commission or an authorized representative of the Commission, within 15 days of receiving a notification complying with subparagraph (i), shall have delivered to the office of the person specified in clause (i)(C) above a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider such whether to consent to the proposed amendment or modification, then such proposed amendment or modification shall not be effective if, within such extended period, the Commission shall have delivered to the office of the person specified in clause (i)(C) a written statement as described in subparagraph (ii), unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification. (iv) . If (A) the Commission or an its authorized representative requests an extension of time in the Commission, shall not have delivered written notice that manner set forth in the Commission might object to such proposed amendment or modification within the time periods described in subparagraphs (ii) or (iii), whichever is applicable, or (B) the Commission or authorized representative of the Commission, has delivered such written notice but does not within 60 days of the delivery of the notification in (a) above, provide subsequent written notice confirming that it does in fact object and the reasons therefore or advise that it has initiated a proceeding to determine what action it might take with respect to the matterpreceding sentence, then the Commission shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase Ongoing Financing Costs to the person specified in Section 11.03(a)(iii) above no later than the last day of such extension of time or be conclusively deemed not to have any objection consented to the proposed amendment or modification and on the last day of such extension of time. Any amendment or modification requiring the consent of the Commission shall become effective on the later of (i) the date proposed by the parties to such amendment or modification may subsequently become effective upon satisfaction and (ii) the first day after the expiration of the other conditions specified thirty day period provided for in this Section 13(a11.03(b), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended. (vc) Following the delivery of a statement from notice to the Commission or an authorized representative of by the Commission to the Administrator Member under subparagraph (ii)Section 11.03(a) above, the Administrator and the Issuer Member shall have the right at any time to withdraw from the Commission further consideration of any notification of a proposed amendmentamendment or modification. Such withdrawal shall be evidenced by the prompt written notice thereof by the Member to the Commission, modification or other actionthe Indenture Trustee, each Independent Manager and the Servicer. (vid) For the purpose of this Section 1311.03, an “authorized representative representative” of the Commission” Commission means any person authorized to act on behalf of the Commission, as evidenced by an Opinion of Counsel (which may be the general counsel) to the Commission.

Commission Condition. Notwithstanding anything to the contrary in this Section 136.01, no amendment or modification of this Administration Agreement shall be effective, nor shall any action requiring satisfaction of this condition pursuant to Section 8(e), Section 8(f), or Section 14 of this Administration Agreement be taken or be effective except upon satisfaction of unless the conditions precedent process set forth in this paragraph (b).Section 6.02 has been followed.‌ (ia) At least 15 thirty-one (31) days prior to the effectiveness of any such amendment or modification and after obtaining the other necessary approvals set forth in Section 13(a) 6.01, (except that the consent of the Indenture Trustee may be subject to the consent of the Holders of the Nuclear Asset-Recovery Bonds if such consent is required or sought by the Indenture Trustee in connection with such amendment or modification) ), the Administrator Seller shall have delivered to the Commission’s Staff Director of Accounting & Finance 's executive director and general counsel written notification of any proposed amendmentamendment or modification, which notification shall contain: (Ai) a reference to Docket No. 150171-EI52710; (Bii) an Officer’s 's Certificate stating that the proposed amendment or modification has been approved by all parties to this Administration Agreement; and; (Ciii) a statement identifying the person to whom the Commission or its staff is to address any response to the proposed amendment or modification or to request additional time.; and (iv) a statement as to the possible effect of the amendment or modification on the Ongoing Costs. Any amendment submitted to the Commission pursuant to this Section 6.02 shall become effective immediately upon the later of: (i) the date proposed by the parties to the amendment or (ii) If thirty- one (31) days after such submission to the Commission, and in either case the Commission shall be conclusively deemed to have consented to the proposed amendment or modification, unless the Commission issues an order disapproving such amendment, unless, within thirty (30) days of receiving the notification complying with Section 6.02(a), the Commission or an authorized representative of the Commission, within 15 days (subject to extension as provided in clause (iii)) of receiving a notification complying with subparagraph (i), shall have delivered its staff delivers to the office of the person specified in clause (i)(C) a written statement that the Commission might object to the proposed amendment or modification, then, subject to clause (iv) below, such proposed amendment or modification shall not be effective unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification; or (iii) If the Commission or an authorized representative of the Commission, within 15 days of receiving a notification complying with subparagraph (i), shall have delivered to the office of the person specified in clause (i)(CSection 6.02(a)(iii) a written statement requesting an additional amount of time not to exceed thirty (30) days in which to consider such whether to consent to the proposed amendment or modification, then such proposed amendment or modification shall not be effective if, within such extended period, the Commission shall have delivered to the office of the person specified in clause (i)(C) a written statement as described in subparagraph (ii), unless and until the Commission subsequently delivers a written statement that it does not object to such proposed amendment or modification. (iv) . If (A) the Commission or its staff requests an authorized representative extension of time in the Commission, shall not have delivered written notice that manner set forth in the Commission might object to such proposed amendment or modification within the time periods described in subparagraphs (ii) or (iii), whichever is applicable, or (B) the Commission or authorized representative of the Commission, has delivered such written notice but does not within 60 days of the delivery of the notification in (a) above, provide subsequent written notice confirming that it does in fact object and the reasons therefore or advise that it has initiated a proceeding to determine what action it might take with respect to the matterpreceding sentence, then the Commission shall either provide notice of its consent or lack of consent or notice of its determination that the proposed amendment or modification will not under any circumstances increase Ongoing Costs to the person specified in Section 6.02(a)(iii) no later than the last day of such extension of time or be conclusively deemed not to have any objection consented to the proposed amendment or modification and on the last day of such extension of time. Any amendment or modification requiring the consent of the Commission shall become effective on the later of (i) the date proposed by the parties to such amendment or modification may subsequently become effective upon satisfaction and (ii) the first day after the expiration of the other conditions specified thirty (30)-day period provided for in this Section 13(a6.02(a), or, if such period has been extended pursuant hereto, the first day after the expiration of such period as so extended. (vb) Following the delivery of a statement from notice to the Commission or an authorized representative of by the Commission to the Administrator Seller under subparagraph (iiSection 6.02(a), the Administrator Seller and the Issuer shall have the right at any time to withdraw from the Commission further consideration of any notification of a proposed amendment, modification amendment or other action. (vi) For modification. Such withdrawal shall be evidenced by the purpose of this Section 13, an “authorized representative of prompt written notice thereof by the Commission” means any person authorized Seller to act on behalf of the Commission, as evidenced by an Opinion of Counsel (which may be the general counsel) to Indenture Trustee, the CommissionIssuer and the Servicer.