NYISO Tariffs --> Market Administration and Control Area Services Tariff (MST) --> 14 MST Miscellaneous
Except as specified in the ISO Procedures, all written notices under the ISO Services Tariff shall be deemed as having been given: (i) when delivered in person; (ii) when sent by United States registered or certified mall (return receipt requested), postage prepaid, or (iii) when sent by a reputable overnight courier to the other party at the address stated in the Service Agreement between the ISO and each Customer or at the last changed address given by the other party as hereinafter specified. Either party may, at any time, change its address for notification purposes by sending the other party written notice stating the change and setting forth the new address. The ISO shall adopt procedures for the provision of all notices and protocols required to implement the ISO Services Tariff.
This provision is applicable only to Transmission Owners that have financed facilities for the local furnishing of Energy with Local Furnishing Bonds as described in Section 142(f) of the Internal Revenue Code (“Local Furnishing Bonds”). Notwithstanding any other provision of the ISO Services Tariff, neither the ISO nor the Transmission Owner shall be required to take any action or provide any service if the taking of such action or provision of such service would result in loss of the tax‑exempt status of any Local Furnishing Bonds. In the event a Transmission Owner is ordered to take an action on behalf of a Customer that results in the loss of tax‑exempt status of any Local Furnishing Bonds, such Customer shall be obligated to pay to the Transmission Owner all costs associated with the loss of tax‑exempt status of the Local Furnishing Bonds.
This provision is applicable to LIPA and NYPA, which have financed transmission facilities with the proceeds of tax‑exempt bonds issued pursuant to the Internal Revenue Code. Notwithstanding any other provision of the ISO OATT or the ISO Services Tariff, neither the ISO nor the Transmission Owner shall be required to provide Transmission Service to any Customer pursuant to an ISO Tariff if the provision of such Transmission Service would result in loss of tax‑exempt status of the NYPA Tax Exempt Bonds or LIPA Tax Exempt Bonds or impair LIPA's or NYPA’s ability to issue future tax‑exempt obligations. If, by virtue of an order issued by the Commission pursuant to Section 211 of the FPA, the ISO or a Transmission Owner is required to provide Transmission Service that would adversely affect the tax‑exempt status of the LIPA Tax Exempt Bonds or NYPA’s Tax Exempt Bonds or any other tax‑exempt debt obligations, then the Customer receiving such Transmission Service will compensate LIPA or NYPA for all costs, if any, associated with the loss of tax‑exempt status plus the normal costs of Transmission Service.
Nothing contained in the ISO Services Tariff or any Service Agreement shall be construed as affecting in any way the right of the ISO or a Transmission Owner under the ISO/TO Agreement to make application to the Commission for a change in: rates, terms, conditions, charges, or classifications of service; the provision of Ancillary Services; a Service Agreement; or a rule or regulation, under the FPA and pursuant to the Commission’s rules and regulations promulgated thereunder.
Nothing contained in the ISO Services Tariff of any Service Agreement shall be construed as affecting in any way the ability of any Transmission Customer or Transmission Owner to exercise its rights under the FPA including, but not limited to, the right to file a complaint under Section 206 of the FPA or any successor statute and pursuant to the Commission’s rules and regulations promulgated thereunder.
Notwithstanding any other provision of the ISO Services Tariff, the ISO Services Tariff may be amended only in accordance with the ISO Agreement, the ISO/TO Agreement, and consistent with the requirements of the FPA and the Commission’s rules and regulations promulgated thereunder.
The ISO Services Tariff and any Service Agreement shall be governed by and construed in accordance with the law of the State of New York, except its conflict of law provisions. Customers irrevocably consent that any legal action or proceeding arising under or relating to the ISO Services Tariff or any Service Agreement shall be brought in any court of the State of New York or any federal court of the United States of America located in the State of New York.
Customers irrevocably waive any objection that they may now or in the future have to the designated courts in the State of New York as the proper and exclusive forum for any legal action or proceeding arising under or relating to the ISO Services Tariff or any Service Agreement.
Any Service Agreement entered into pursuant to the ISO Services Tariff may be executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument.
No delay or omission in the exercise of any right under a Service Agreement or the ISO Services Tariff shall impair any such right or shall be taken, construed or considered as a waiver or relinquishment thereof, but any such right may be exercised from time‑to‑time and as often as may be deemed expedient. If any obligation or covenant under a Service Agreement or the ISO Services Tariff shall be breached and thereafter waived, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder or under a Service Agreement.
Obligations under the ISO Services Tariff and any Service Agreement shall be binding on the successors and assigns of the Service Agreement. No assignment shall relieve the original Customer from its obligations under the ISO Services Tariff or any Service Agreement.
A Service Agreement entered into under the ISO Services Tariff shall contain representations, warranties and covenants, as the parties deem appropriate and in accordance with the pro forma Service Agreement, regarding the Customer’s ability to perform, and the enforceability of, the Service Agreement.
Effective Date: 6/30/2010 - Docket #: ER10-1657-000 - Page 1