Common use of Eligible Customer Clause in Contracts

Eligible Customer. i. Any electric utility (including the Transmission Provider and any power marketer), Federal power marketing agency, any person generating electricity for sale or resale is an Eligible Customer under the Tariff. Electric energy sold or produced by such entity may be electric energy produced in the United States, Canada or Mexico. However, with respect to transmission service that the Commission is prohibited from ordering by Section 212(h) of the Federal Power Act, such entity is eligible only if the service is provided to such entity’s customer that qualifies as an Eligible Customer pursuant to subsections ii or iii below. ii. Pursuant to a voluntary offer by the Transmission Provider, a retail customer of a distribution utility taking unbundled transmission service pursuant to a state retail access program (or taking unbundled transmission service as offered service by its distribution utility) or any Federal entity eligible under law to purchase Federal power is an Eligible Customer under the Tariff. iii. A direct service industry to which the Bonneville Power Administration is authorized to sell power under the Pacific Northwest Electric Power Planning and Conservation Act shall be an Eligible Customer under the Tariff.