Topic:"Legal Standards" in M12696

14.2 Governing Law. - 14.2.1 The validity, interpretation and performance of this LGIA and each of its provisions shall be governed by the laws of the state where the Point of Interconnection is located, without regard to its conflicts of...

AI summary Section 14.2 of the LGIA establishes that the agreement is governed by the laws of the state where the Point of Interconnection is located, subject to applicable laws and regulations. Parties retain the right to contest or appeal governmental laws, orders, or regulations.

- NS Block, measured in MWh (excluding Make-up Energy), is received during each of 12 - consecutive months."[41](#page-18-1) In introducing this requirement, the Board also stated: - NSPML/NS Power may apply to the Board for relief if it c...

AI summary The requirement mandates NSPML to receive twelve consecutive months of NS Block volumes (excluding Make-up Energy) at least 90% of the total monthly volumes called for under the Energy and Capacity Agreement. This prevents over-reliance on Make-up volumes and ensures consistency and predictability in volume delivery.

Q. What is your initial assessment of the Board's threshold? - A. Computationally, the requirement is straightforward and offers a bright-line test for - determining compliance. The collective NS Block deliveries in a month either exceed 9...

AI summary The threshold for compliance is computationally straightforward, using a 90% NS Block delivery benchmark. However, reliance on non-compliance exceptions for 'good utility practice' or 'exceptional circumstances' introduces subjectivity, as these terms lack clear definitions, complicating compliance determinations.

Request IR-3: - Reference: N-7, Evidence of Bates White, p. 30, lines 8-14. - (a) In referencing extreme weather events as found in force majeure clauses, such as tornadoes, is this the nature and degree of the "exceptional circumstances"...

AI summary The proceeding inquires whether extreme weather events like tornadoes qualify as 'exceptional circumstances' under force majeure clauses and seeks regulatory guidance on legal standards for weather-related force majeure, referencing Bates White's evidence (N-7, p. 30).

Response IR-3: - (a) Yes, extreme weather was a type of exceptional circumstance contemplated and can be specified in force majeure clauses. - (b) We cannot offer a legal opinion on the question. From a policy perspective, force majeure cl...

AI summary The response acknowledges that extreme weather qualifies as a force majeure event, outlining policy criteria for such clauses, including events beyond the non-performing party's control and inability to prevent through reasonable precautions.