Common use of Modifications to Transmission Project Clause in Contracts

Modifications to Transmission Project. ‌ The Developer shall not make a Significant Modification to the Transmission Project without the prior written consent of the NYISO, including, but not limited to, modifications necessary for the Developer to obtain required approvals or authorizations from Governmental Authorities. The NYISO’s determination regarding a Significant Modification to the Transmission Project under this Agreement shall be separate from, and shall not replace, the NYISO’s review and determination of Material Modifications to the Transmission Project under Attachment X of the OATT.9 The Developer may request that the NYISO review whether a modification to the Transmission Project would constitute a Significant Modification. The Developer shall provide the NYISO with all required information to assist the NYISO in making its determination regarding a Significant Modification and shall be responsible for the costs of any study work the NYISO must perform in making its determination. If the Developer demonstrates to the NYISO’s satisfaction that its proposed Significant Modification: (i) does not impair the Transmission Project’s ability to satisfy the identified Reliability Need, (ii) does not delay the In-Service Date of the Transmission Project beyond the Required Project In-Service Date, and (iii) does not change the grounds upon which the NYISO selected the Transmission Project as the more efficient or cost-effective transmission solution to the identified Reliability Need (if applicable), the NYISO’s consent to the Significant Modification will not be unreasonably withheld, conditioned, or delayed. The NYISO’s performance of this review shall not constitute its consent to delay the completion of any Critical Path Milestone.

Modifications to Transmission Project. ‌ The Developer shall not make a Significant Modification to the Transmission Project without the prior written consent of the NYISO, including, but not limited to, modifications necessary for the Developer to obtain required approvals or authorizations from Governmental Authorities. The NYISO’s determination regarding a Significant Modification to the Transmission Project under this Agreement shall be separate from, and shall not replace, the NYISO’s review and determination of Material Modifications to the Transmission Project under Attachment X of the OATT.9 OATT. The Developer may request that the NYISO review whether a modification to the Transmission Project would constitute a Significant Modification. The Developer shall provide the NYISO with all required information to assist the NYISO in making its determination regarding a Significant Modification and shall be responsible for the costs of any study work the NYISO must perform in making its determination. If the Developer demonstrates to the NYISO’s satisfaction that its proposed Significant Modification: (i) does not impair the Transmission Project’s ability to satisfy the identified Reliability Need, (ii) does not delay the In-Service Date of the Transmission Project beyond the Required Project In-Service Date, and (iii) does not change the grounds upon which the NYISO selected the Transmission Project as the more efficient or cost-effective transmission solution to the identified Reliability Need (if applicable)Need, the NYISO’s consent to the Significant Modification will not be unreasonably withheld, conditioned, or delayed. The NYISO’s performance of this review shall not constitute its consent to delay the completion of any Critical Path Milestone.

Modifications to Transmission Project. ‌ The Developer shall not make a Significant Modification to the Transmission Project without the prior written consent of the NYISO, including, but not limited to, modifications necessary for the Developer to obtain required approvals or authorizations from Governmental Authorities. The NYISO’s determination regarding a Significant Modification to the Transmission Project under this Agreement shall be separate from, and shall not replace, the NYISO’s review and determination of Material Modifications material modifications to the Transmission Project under Attachment X P of the OATT.9 OATT. The Developer may request that the NYISO review whether a modification to the Transmission Project would constitute a Significant Modification. The Developer shall provide the NYISO with all required information to assist the NYISO in making its determination regarding a Significant Modification and shall be responsible for the costs of any study work the NYISO must perform in making its determination. If the Developer demonstrates to the NYISO’s satisfaction that its proposed Significant Modification: (i) does not impair the Transmission Project’s ability to satisfy the identified Reliability Need, (ii) does not delay the In-Service Date of the Transmission Project beyond the Required Project In-Service Date, and (iii) does not change the grounds upon which the NYISO selected the Transmission Project as the more efficient or cost-effective transmission solution to the identified Reliability Need (if applicable), the NYISO’s consent to the Significant Modification will not be unreasonably withheld, conditioned, or delayed. The NYISO’s performance of this review shall not constitute its consent to delay the completion of any Critical Path Milestone.