Res 2018-042/approving and authorizing the City Manager to execute a wholesale electric power purchase agreement with AEP Energy Partners, Inc. to supply wind energy to the San Marcos Electric Utility

Home Browse Search

non-party or the FERC acting sua sponte asserts that FERC has jurisdiction over this Master Agreement: Absent the agreement of all Parties to a proposed change, the standard of review for changes to the terms of this Master Agreement, whether proposed by a Party, a non-party or the FERC acting sua sponte, shall solely be the "public interest" application of the "just and reasonable" standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U,S. 348 (1956) and clarified by Morgan Stanley Capital Group, Inc. v. Public Util. Dist. No. 1 of Snohomish, 554 U.S. 527 (2008) and NRG Power Marketing LLC v. Maine Public Utilities Commission, 558 U.S. 165 (2010) (the "Mobile -Sierra" doctrine). For products and services to be delivered or purchased in all reliability regions other than ERCOT, all rates, terms and conditions as specified in this Master Agreement shall remain in effect in accordance with .their terms .and shall not be subject to change through application to the Federal Energy Regulatory.Commission ("FERC") pursuant to the provisions of Section 205 or 206 of the Federal Power Act. Absent the agreement of all Parties to the proposed change, the standard of review for changes to any rate, charge, classification, term or condition of this Master Agreement, whether proposed by a Party, a non-party, or the FERC acting sua sponte, shall solely be the "public interest" application of the "just and reasonable" standard of review set forth in United Gas Pipe Line Co. v.. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) and clarified by Morgan Stanley Capital Group, Inc. v. Public Util, Dist. No. 1 of Snohomish, 554 U.S. 527 (2008) and NRG Power Marketing LLC v. Maine Public Utilities Commission, 558 U.S. 165 (20.10) (the "Mobile - Sierra" doctrine).". 24. Section 10.15, Dodd Frank Reporting Requirements, shall be added to Article Ten as follows: "Section 10.15 Dodd Frank Reporting Requirements. While it is contemplated that most Transactions for the physical sale and purchase of energy between the Parties will not be treated as swaps for purposes of the Dodd Frank Wall Street Reform and Consumer Protection Act ("Dodd -Frank"), to the extent, and only to the extent, a Transaction hereunder becomes subject to reporting requirements under Dodd -Frank (such transactions, "Reportable Swap Transactions", as an example, a commodity option), reporting of such Reportable Swap Transactions to a swap data repository ("SDR") must be performed by one of the parties ("Reporting Party") in the manner required by the Commodity Futures Trading Commission ("CFTC") regulations. AEP Energy Partners, Inc. for each swap transaction shall be the Reporting Party responsible for all reporting required pursuant to Part 45 of the Commission's regulations (17 C.F.R. Part 45) and Part 46 of the Commission's regulations (17 C.F.R. Part 46The Party that does not take on the reporting as set forth above ("Non -Reporting Party") shall timely provide the Reporting Party all necessary information reasonably requested by the Reporting Party for it to comply with CFTC regulations. The Non -Reporting Party agrees that, notwithstanding any confidentiality or other similar agreement or requirement, the reporting party may provide the information required by the CFTC regulations to an SDR and waives any right of confidentiality which would otherwise bar such disclosure. For any Reportable Swap Transaction for which the Non -Reporting Party elects the exception to the clearing requirement under Section 2(h)(7)(A) of the Commodity Exchange Act, the Reporting Party shall be responsible for all reporting required pursuant to 17 C.F.R. § 39.6(b), except as provided herein. With respect to any such Reportable Swap Transaction, the Non -Reporting Party shall make an annual filing with the CFTC of all information required to be reported under 17 C.F.R. § 39.6(b)(1)(iii), as permitted by 17 0