Common use of FILING RIGHTS Clause in Contracts

FILING RIGHTS. No Party will make a Section 205 filing or a Section 206 filing seeking to amend the terms of this Implementation Agreement, or seeking a rate or a revised rate to compensate Helix for construction of a new fuel oil storage tank in order to accommodate the conversion of the Ravenswood Generating Station to fire No. 4 fuel oil in lieu of No. 6 fuel oil during the term of this Implementation Agreement, unless the Parties, by mutual consent, agree to modify the terms and conditions of this Implementation Agreement. This Implementation Agreement has been negotiated at arm’s-length by Parties of equal bargaining power, and it is the intent of the Parties that this Implementation Agreement is subject to the “public interest” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., ▇▇▇ ▇.▇. ▇▇▇ (1956) and Federal Power Commission v. Sierra Pacific Power Co., ▇▇▇ ▇.▇. ▇▇▇ (1956) (“Mobile Sierra doctrine”) to the full extent legally permissible and SERVICE AGREEMENT NO. 2575 as interpreted in ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Capital Group Inc. v. Pub. ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇. ▇, ▇▇▇ ▇. ▇▇. 2733 (2008), NRG Power Marketing LLC v. Me. Pub. Utils, Comm’n, ▇▇▇ ▇. ▇▇. ▇▇▇ (2010) and Dominion Transmission Inc. v. FERC, 533 F.3d 845 (D.C. Cir. 2008).

Appears in 3 contracts

Sources: Implementation Agreement, Implementation Agreement, Service Agreement