FERC Status Clause Samples
The FERC Status clause defines the parties' obligations and representations regarding compliance with the rules and regulations of the Federal Energy Regulatory Commission (FERC). Typically, this clause requires parties to confirm whether they are subject to FERC jurisdiction, and if so, to warrant that they have obtained all necessary approvals or authorizations for the transaction. This ensures that the agreement does not violate federal energy regulations and helps prevent legal or regulatory complications related to FERC oversight.
FERC Status. Seller shall maintain the Facility’s status as a QF or EWG at all times after the Commercial Operation Date and shall obtain and maintain any requisite authority to sell the output, including Energy and Capacity, of the Facility or an exemption from the requirement that it have such authority.
FERC Status. Seller shall be responsible for ensuring that it is in compliance with all FERC directives and requirements necessary for Seller to fulfill its obligations under this Agreement. As part of Seller’s satisfaction of this responsibility, Seller shall obtain and maintain FERC authorization to sell Products at market-based rates at all times on and after the Commercial Operation Date.
FERC Status. Seller shall be responsible for ensuring that it is in compliance with all FERC directives and requirements necessary for Seller to fulfill its obligations under this Agreement. As part of Seller’s satisfaction of this responsibility, it shall maintain the Facility’s status as a QF or EWG (to the extent Seller meets the criteria for such status) at all times after the Commercial Operation Date and shall obtain and maintain any requisite authority to sell the output of the Facility at market-based rates, including market-based rate authority to the extent applicable. If Seller certifies the Facility as a QF, for so long as this Agreement is in effect, Seller waives, and agrees not to assert, any rights Seller may have to require Buyer to purchase or transmit electric power or to pay a specified price for electric power by virtue of the status of the Facility as a QF.
FERC Status. Seller shall be responsible for ensuring that it is in compliance with all FERC directives and requirements necessary for Seller to fulfill its obligations under this Agreement. As part of Seller’s satisfaction of this responsibility, it shall maintain the Facility’s status as an EWG (to the extent Seller meets the criteria for such status) at all times on and after the Commercial Operation Date and shall obtain and maintain any requisite authority to sell the output of the Facility at market-based rates, including market-based rate authority to the extent applicable. Notwithstanding a change in Law occurring subsequent to the Effective Date, Seller shall not (i) seek to qualify the Facility as one or more QFs, or (ii) for so long as this Agreement is in effect, assert, any rights Seller may have to require Buyer to purchase or transmit electric power or to pay a specified price for electric power by virtue of a QF status.
FERC Status. Seller shall be responsible for ensuring that it is in compliance with all FERC directives and requirements necessary for Seller to fulfill its obligations under this Agreement. As part of Seller’s satisfaction of this responsibility, it shall maintain the Facility’s status as an EWG at all times on and after the Commercial Operation Date and shall obtain and maintain any requisite authority to sell the output of the Facility at market-based rates, including market-based rate authority to the extent applicable. Notwithstanding, a change in Law occurring subsequent to the Effective Date, Seller shall not (i) seek to qualify the Facility as one or more QFs, or (ii) for so long as this Agreement is in effect, assert any rights Seller may have to require Buyer to purchase or transmit electric power or to pay a specified price for electric power by virtue of a QF status.
FERC Status. Ironwood LLC maintains Exempt Wholesale Generator status granted by the Federal Energy Regulatory Commission and continues to meet all applicable requirements associated with the maintenance of that status. Ironwood LLC is authorized by the Federal Energy Regulatory Commission under the Federal Power Act to make sales of electric capacity and energy at market-based rates. To the Knowledge of Parent or Seller, there are no facts that are reasonably likely to cause Ironwood LLC to lose its status as an “Exempt Wholesale Generator” or its market-based rate authorization.
FERC Status. Seller shall maintain the Facility’s status as a QF or EWG at all times after the Commercial Operation Date and shall obtain and maintain any requisite authority to sell the output of the Facility at market-based rates. If applicable, for so long as this Agreement is in effect, Seller waives, and agrees not to assert, the rights Seller may have against Buyer to cause Buyer to purchase or transmit Energy pursuant to 18 C.F.R. §§ 292.304, 292.305 by virtue of the status of the Facility as a qualifying facility as defined in the Public Utility Regulatory Policies Act of 1978, as amended.