Pub. L. 109-58, tit. XII, subtit. G, sec. 1290

RELIEF FOR EXTRAORDINARY VIOLATIONS.

EnactedYear: 2005Length: 218 wordsOfficial source
SEC. 1290. RELIEF FOR EXTRAORDINARY VIOLATIONS. (a) Application.—This section applies to any contract entered into the Western Interconnection prior to June 20, 2001, with a seller of wholesale electricity that the Commission has—(1) found to have manipulated the electricity market resulting in unjust and unreasonable rates; and 119 STAT. 984(2) revoked the seller’s authority to sell any electricity at market-based rates. (b) Relief.—Notwithstanding section 222 of the Federal Power Act (as added by section 1262), any provision of title 11, United States Code, or any other provision of law, in the case of a contract described in subsection (a), the Commission shall have exclusive jurisdiction under the Federal Power Act (16 U.S.C. 791a et seq.) to determine whether a requirement to make termination payments for power not delivered by the seller, or any successor in interest of the seller, is not permitted under a rate schedule (or contract under such a schedule) or is otherwise unlawful on the grounds that the contract is unjust and unreasonable or contrary to the public interest. (c) Applicability.—This section applies to any proceeding pending on the date of enactment of this section involving a seller described in subsection (a) in which there is not a final, nonappealable order by the Commission or any other jurisdiction determining the respective rights of the seller.
Pub. L. 109-58, tit. XII, subtit. G, sec. 1290: RELIEF FOR EXTRAORDINARY VIOLATIONS. | Justis AI