Res 2011-061 - Laserfiche WebLink

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or credit be spread over a period exceeding the ensuing twelve months of billing. Notwithstanding the foregoing, in the event an arbitrators' decision is favorable to Customer in a Rate Review Dispute, Customer is entitled to a credit against future bills (net of any amount withheld by Customer) of revenues collected under the components of the Power Costs or rate design found to be unreasonable or in violation of the Agreement commencing prospectively only from the date of the arbitrators' decision. (h) The Parties fiuther agree that the following matters shall not be subject to review in any Rate Dispute: (i) LCRA's debt service arrangements to the extent that from time to time they do not exceed the higher of LCRA's aggregate obligations under its bond covenants and other legal debt instruments, or a debt service coverage ratio up to 1.25; The cost of fuel purchased for use in the System, or the cost of financial or physical fuel hedging instruments; and (iii) LCRA's use of the PSF; provided, however, that the Parties' compliance with Article 4.8 is subject to review in any Rate Dispute. (i) It is expressly understood and agreed that Customer may exercise its rights under Article 14 or 16 to withhold payment of any Disputed Amounts relating to the failure of the LCRA Board to follow the decision of the arbitrators in respect to any Rate Dispute, or for failing to follow the dispute resolution process in this Article 15. (j) The Parties agree that the arbitrators' decision is non - binding. If the arbitrators' decision regarding a Rate Dispute is favorable to Customer, LCRA retains the right to have the matter resolved in the judicial branch pursuant to Article 15.2.5 hereof and to recover any Disputed Amounts withheld. To the extent an arbitrators' decision is favorable to LCRA, LCRA is entitled to a refund by Customer of those related Disputed Amounts withheld. In that event, however, Customer retains the right to have the matter resolved in the judicial branch pursuant to Article 15.2.5. hereof. 15.1.2. Disputes related to Additional Generation Capacity ( "Resource Disputes ") shall be submitted to non - binding arbitration as follows: