Market Rate Tariff Clause Samples

Market Rate Tariff. (a) It is the expressed intent of the Parties that this Agreement and the attached Schedules be accepted by the FERC as a sale pursuant to the Tariff without any modifications of its charges, terms and conditions and without additional filing requirements. If, at any time, the FERC does not allow this Agreement to function pursuant to the Tariff or requires any cost of service support for any charges hereunder, Oglethorpe Power agrees to actively support and pursue acceptance by the FERC of all charges and terms as stated in this Agreement. If, at any time, the FERC orders any changes to any charges or terms hereunder or any refunds, including, but not limited to, interest or penalties, other than penalties resulting from actions by Georgia Power or its agent that are not Prudent Utility Practices or that constitute willful misconduct, Oglethorpe Power agrees that Georgia Power shall have the right to file one or more unilateral changes to the charges and terms hereunder to recover the revenues, as closely as practicable, intended by this Agreement in its original form. (b) Oglethorpe Power agrees to actively support any and all such changes and to cooperate with and assist Georgia Power in securing acceptance by the FERC of any and all such changes, in as expeditious a manner as is practicable, to the extent such changes do not result in higher charges to Oglethorpe Power than the charges intended by this Agreement in its original form. The obligations pursuant to this Section 7.5 shall survive termination of this Agreement and any of the Schedules. (c) Georgia Power and Oglethorpe Power each agrees that, except as expressly permitted under Sections 7.5, 7.6, 7.7, 8.4, 8.5, and 9.1 of the Agreement, or to effectuate a change as permitted in Part 6 of each of the Schedules, it shall not seek to modify this Agreement or any related Schedule under Sections 205 or 206 of the Federal Power Act or any other provision of law, except with the consent of both Parties or as required to comply with an order of a Governmental Authority with jurisdiction over this Agreement.