OF ENERGY AND ANY
OTHER PRODUCT IN SUCH JURISDICTION AND WITH RESPECT TO SUCH EDC AND/OR ISO.
PARTY A SHALL USE COMMERCIALLY REASONABLE EFFORTS TO COMPLETE A REVIEW WITH
RESPECT TO ANY JURISDICTION AND/OR ANY SUCH EDC AND/OR ISO IN A TIMELY FASHION
FOLLOWING A WRITTEN REQUEST.
UNLESS APPROVED BY PARTY A IN ACCORDANCE WITH THIS
PART 7(J), PARTY B AGREES THAT IT SHALL BE PROHIBITED FROM ENTERING INTO
TRANSACTIONS WITH CUSTOMERS FOR THE SUPPLY OF ENERGY OR ANY OTHER PRODUCT IN ANY
JURISDICTION NOT LISTED ON EXHIBIT 7(J), OR WITH RESPECT TO ANY POTENTIAL
CUSTOMER SERVED BY AN EDC AND/OR ISO THAT IS NOT LISTED ON EXHIBIT 7(J) WITH
RESPECT TO THE JURISDICTION IN WHICH SUCH POTENTIAL CUSTOMER IS LOCATED.
EXHIBIT 7(J) SHALL BE AMENDED FROM TIME TO TIME TO INCLUDE ANY JURISDICTIONS OR
EDCS AND/OR ISOS APPROVED BY PARTY A PURSUANT TO THIS PART 7(J).
(II)
IF THERE IS A CHANGE IN APPLICABLE LAW IN
ANY DESIGNATED JURISDICTION OR IF A PROCEEDING IS INITIATED AGAINST PARTY A,
PARTY B AND/OR ANY EDC OR ISO, WHICH PARTY A REASONABLY DETERMINES COULD HAVE AN
ADVERSE EFFECT ON THE RESULTS OF ANY MARKET, REGULATORY OR UTILITY RULES REVIEW
PERFORMED BY PARTY A WITH RESPECT TO A DESIGNATED JURISDICTION OR AN APPROVED
EDC OR ISO, THEN PARTY A SHALL HAVE THE RIGHT TO INITIATE AN ADDITIONAL MARKET,
REGULATIONS AND/OR UTILITY RULES REVIEW WITH RESPECT TO SUCH DESIGNATED
JURISDICTION, APPROVED EDC OR ISO (SUCH REVIEW, A "BRING DOWN REVIEW").
BASED
ON THE RESULTS OF ANY SUCH BRING DOWN REVIEW, PARTY A MAY AMEND EXHIBIT 7(J) TO
REMOVE ANY AFFECTED EDC OR ISO OR DESIGNATED JURISDICTION.
29
PART 8.
FORECASTING AND SCHEDULING
(A)
FORECASTING.
(I)
PARTY B HEREBY AGREES THAT IT SHALL BE
SOLELY RESPONSIBLE FOR ITS OWN LOAD FORECASTING WITH RESPECT TO PURCHASES OF
ENERGY, CAPACITY, ANCILLARY SERVICES AND RELATED PRODUCTS.
PARTY B ALSO AGREES
THAT IT WILL COOPERATE WITH PARTY A TO MODIFY OR IMPROVE PARTY B'S FORECASTING
PERFORMANCE IF REQUESTED BY PARTY A.
FOR THE AVOIDANCE OF DOUBT, PARTY A WILL
NOT BE RESPONSIBLE FOR ANY ASPECT OF PARTY B'S LOAD FORECASTING RESPONSIBILITY
AND PARTY B SHALL BE RESPONSIBLE FOR ANY COSTS OR PENALTIES INCURRED AS A RESULT
OF ANY FORECASTING ERROR.
PARTY B SHALL PROVIDE PARTY A WITH LOAD FORECASTS IN
A TIMELY MANNER AND, FROM TIME TO TIME, UPON THE REQUEST OF PARTY A.
WITH
RESPECT TO PARTY B'S OBLIGATIONS TO PROVIDE FORECASTS, UCAP REQUIREMENTS AND
OTHER INFORMATION TO PARTY A WITH RESPECT TO PURCHASES OF UCAP SET FORTH IN
PART 7(A)(II) AND 7(A)(III), PARTY A WILL EITHER (I) PROVIDE PARTY B WITH DIRECT
ACCESS TO THE RELEVANT NYISO DATA TO ALLOW PARTY B TO PREPARE AND PROVIDE SUCH
FORECASTS, UCAP REQUIREMENTS AND OTHER INFORMATION, OR (II) PROVIDE PARTY B WITH
THE UCAP REQUIREMENTS SPECIFIED FOR PARTY B BY THE NYISO IN A TIMELY MANNER SUCH
THAT PARTY B CAN PROVIDE SUCH FORECASTS, UCAP REQUIREMENTS AND OTHER INFORMATION
AT THE TIME SPECIFIED IN PARTS 7(A)(II) AND 7(A)(III).
IN