Common use of Filing of Revised Rates Clause in Contracts

Filing of Revised Rates. Under Section 205. The procedures and filing rights set forth in this Section 5.1.1 apply only to changes in the transmission rate design under the PJM Tariff for joint rates or, subject to the limitations set forth in Sections 5.1 and 5.1.1(c), changes affecting the overall PJM rate design. (a) The PJM Transmission Owners shall have the exclusive and unilateral rights to file pursuant to Section 205 of the Federal Power Act and the FERC’s rules and regulations thereunder for any changes in or relating to the establishment and recovery of the PJM Transmission Owners’ transmission revenue requirements or the transmission rate design under the PJM Tariff, and such filing rights shall also encompass any provisions of the PJM Tariff governing the recovery of transmission related costs incurred by the PJM Transmission Owners. Nothing herein is intended to limit or change the right of individual PJM Transmission Owners under Section 2.2.1 of the PJM Tariff to make their own Section 205 filings to change the transmission revenue requirement within their own zones, including the right of individual Transmission Owners to file for zonal transmission revenue requirements based on incentive or performance factors. The PJM Transmission Owners may only file under Section 205 to change the transmission rate design for the PJM region pursuant to a filing approved in accordance with this Agreement, Section 6.5.1 of the East Transmission Owners Agreement and Section 6.5.1 of the West Transmission Owners Agreement. Issued By: ▇▇▇▇▇ ▇▇▇▇▇▇ Effective: May 1, 2005 Vice President, Federal Government Policy Issued On: April 4, 2005 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. ER04-829-002, issued March 4, 2005, 110 FERC 61,234 (2005). PJM Interconnection, L.L.C. Original Sheet No. 12.01 Rate Schedule FERC No. 39 (b) If the PJM Transmission Owners agree upon a change in accordance with Section 5.1.1(a), the PJM Transmission Owners shall make such filing jointly pursuant to Section 205 of the Federal Power Act. For purposes of administrative convenience, at the request of the PJM Transmission Owners, PJM may, but shall not be required to, make the Section 205 filing with the FERC on behalf of the PJM Transmission Owners; provided that any such filing by PJM shall be deemed for all purposes under the Federal Power Act to be a filing of the PJM Transmission Owners. The PJM Transmission Owners shall consult with PJM and the PJM Members Committee beginning no less than thirty (30) days prior to any Section 205 filing hereunder, but neither PJM (except as provided for in Section 5.3) nor the PJM Members Committee shall have any rights to veto or delay the PJM Transmission Owners’ Section 205 filing hereunder; provided that the PJM Transmission Owners may file with less than a full 30 day advance consultation in circumstances where imminent harm to system reliability or imminent severe economic harm to electric consumers requires a prompt Section 205 filing; provided further that the PJM Transmission Owners shall provide as much advance notice and consultation with PJM and the PJM Members Committee as is practicable in such circumstances and no such filing shall be made with less than 24 hours’ advance notice. Issued By: ▇▇▇▇▇ ▇▇▇▇▇▇ Effective: May 1, 2005 Vice President, Federal Government Policy Issued On: Ap▇▇▇ ▇, ▇▇▇▇ ▇▇▇ ▇nterconnection, L.L.C. First Revised Sheet No. 12A Rate Schedule FERC No. 39 Superseding Original Sheet No. 12A (c) Nothing in this Section 5.1.1 is intended to limit the rights of Dominion Virginia Power or any other person to oppose such a Section 205 filing pursuant to Section 206 or any other applicable provision of the Federal Power Act, or to limit the right of Dominion Virginia Power or any other person to make filings under Section 206 of the Federal Power Act. Nor is this Section 5.1.1 intended (i) to limit or change the right of Dominion Virginia Power under Section 2.2.1 of this Agreement to file pursuant to Section 205 of the Federal Power Act to change rates and charges for transmission and ancillary services (including, without limitation, incentive rates) for delivery to the Dominion Virginia Power zone, schedules for new services solely involving the transmission facilities of Dominion Virginia Power, and the revenue requirement for Dominion Virginia Power for use in developing rates for other transmission services provided by PJM; or (ii) to authorize the PJM Transmission Owners to file pursuant to Section 205 of the Federal Power Act, either as part of a proposal to change the overall PJM rate design or otherwise, to change rates and charges for transmission and ancillary services (including, without limitation, incentive rates) for delivery to the Dominion Virginia Power zone, schedules for new services solely involving the transmission facilities of Dominion Virginia Power, and the revenue requirement for Dominion Virginia Power for use in developing rates for other transmission services provided by PJM without the express consent of Dominion Virginia Power. (d) In accordance with Section 5.1.1(a), the following provisions of the PJM Tariff and any successors thereto shall be within the PJM Transmission Owners’ exclusive and unilateral rights to make Section 205 filings: Section 34; Schedule 1A; Schedule 7 (except as to transmission congestion charges under Attachment K to the PJM Tariff or any successor thereto); Schedule 8 (except as to transmission congestion charges under Attachment K to the PJM Tariff or any successor thereto); Schedule 11; Schedule 12; Attachment H-A; Attachment J; and Attachment R, provided, however, that if a filing pursuant to Section 205 is required to effect a change in any of the foregoing provisions of the PJM Tariff, solely by reason of a filing by an individual PJM Transmission Owner pursuant to Section 5.1.1(e), PJM may make such a filing if, (i) five business days prior to making such filing, PJM provides the PJM Transmission Owners with each proposed change including an explanation thereof and (ii) no PJM Transmission Owner notifies PJM that it objects to PJM making such filing. (e) In accordance with Section 5.1.1(a), the following provisions of the PJM Tariff and any successors thereto shall be within the exclusive and unilateral rights to make Section 205 filings of the individual PJM Transmission Owner to which the provisions apply: Attachment H (except as to transmission congestion charges under Attachment K to the PJM Tariff or any successor thereto and other than Attachment H-A); Attachment M (First Energy); Attachment N (First Energy); Procedures for Load Determination (PSE&G); Procedures for Determination of Peak Load Contributions and Hourly Load Obligations for Retail Customers (Atlantic City); and Procedures for Determination of Peak Load Contributions and Hourly Load Obligations for Retail Customers (Delmarva). Issued By: ▇▇▇▇▇ ▇▇▇▇▇▇ Effective: May 1, 2005 Vice President, Federal Government Policy Issued On: April 4, 2005 Filed to comply with order of the Federal Energy Regulatory Commission, Docket No. ER04-829-002, issued March 4, 2005, 110 FERC 61,234 (2005). PJM Interconnection, L.L.C. Original Sheet No. 12A.01 Rate Schedule FERC No. 39 (f) The listing of provisions in Sections (d) and (e) above is not exclusive, and failure to specify a provision of the PJM Tariff in this Section 5.1.1 shall not be deemed to be an admission or agreement by the PJM Transmission Owners that such provision or any change thereto does not relate to the establishment and recovery of the PJM Transmission Owners’ transmission revenue requirements or the transmission rate design under the PJM Tariff, or encompass any provisions of the PJM Tariff governing the recovery of transmission-related costs incurred by the PJM Transmission Owners. The PJM Transmission Owners reserve their rights to assert that other provisions of the PJM Tariff should be included within their Section 205 rights, and PJM reserves its rights to contest such assertions. Issued By: ▇▇▇▇▇ ▇▇▇▇▇▇ Effective: May 1, 2005 Vice President, Federal Government Policy Issued On: Ap▇▇▇ ▇, ▇▇▇▇ ▇▇▇ ▇nterconnection, L.L.C. Original Sheet No. 12B Rate Schedule FERC No. 39 (g) The PJM Transmission Owners’ Section 205 rights shall include the unilateral right to file for incentive and performance based rates that affect or relate to transmission revenue requirements, transmission rate design, or any performance or incentive rates in which the incentives to the PJM Transmission Owners may be measured by savings or efficiencies in the power or ancillary services markets resulting from the construction, operation or maintenance of Transmission Facilities. Nothing in this Agreement is intended to limit PJM’s right to make Section 205 filings to establish incentive or performance based rates applicable to market participants, provided that PJM must obtain the prior approval of the PJM Transmission Owners (pursuant to this Agreement, Section 6.5.1 of the East Transmission Owners Agreement, and Section 6.5.1 of the West Transmission Owners Agreement) for any portion of such a filing that reasonably could be expected to affect the establishment and recovery of the PJM Transmission Owners’ transmission revenue requirements, transmission rate design or the recovery of transmission-related costs by the PJM Transmission Owners.